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HomeMy WebLinkAboutApplication and Supporting Documents-SUBFist Name: Email: City of Miami Planning Deparhncnt & Office of Zoning httpl/www.miaffigov.com'plannin httpl/wwwmiann ov.com'zonin E-rnai7: eplanpzedmmiamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Iris escanrai@gtlaw.com Last Name: Escanra Special Appearance Application in Thlsmain/Mai needs to te scneclu0d for a public nearing CCardanCE with thanes set tannin the City of Maio Cafe. The applicable decision -making body will renewthe information at the public hearing to rend, a recommendation or a final deck on. PZ-22-14439 PRIMARY APPLICANT INFORMATION First Name: Iris Corporation: Greenberg Traw-ig Address: City: Email: 333 SE 2nd Avenue Miami escarrai@gtlaw.com Last Name: Escarra State: Phone: Florida Tip: (305) 579-0737 33131 PRIMARY OWNER INFORMATION tint Name: Corporation: 17 Plaza LLC Address: 425 NE22 Street City: Email: Miami escarrai@gtlaw.com Last Name: State: Phone: Florida Tip: (305) 438-1290 33137 PROJECT INFORMATION 1 Project Name: Project Address: City: Master Folio Number. 1825 Biscayne Blvd 1825 BISCAYNE BLVD Miami 0132310510010 State: Florida Unit Number. Tip: 33132 15444 - Application and Supporting Documents -SUB That under the penalty ofperjury, I declare that all the information contained in this permit application is accurate to the best of my knowledge. • That NO work or installation will comrence prior to the issuance of a building pemit and that all work will be perfonred to meet the standards of all laws regulating construction and zoning in this jurisdiction • I will, in all respects, perform work in accordance with the scopc of the pemit, the City of Miami's codes and all other applicable laws, regulations, standard and ordinances. • That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating constriction and zoning. • That separate pennits maybe required unless specifically covered with the submittal of this application • That there rray be additional penis required ed from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refirdable OWNER / OWNER REPRESENTATIVE First Nacre: Signature: Date: Iris Last Escarra Name: 7/24/23 Date: Fast Name: Last Name: 17 Plaza EtC / Signature: � By: Martin Ferreira e elo )2_1)1023 This submittal needs to be schedu lee for a public hearing in accordance with timelines set forth in the City of Mlarni Cede. The appticzde decision -making bullywill renew the InfomiaUan at the public hearing to render a necomrnendati on or a finaldecis on. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Please return this instrument after recording to: Office of Zoning City of Miami 444 SW 2nd Avenue 4th Floor Miami, Florida 33130 NOTICE This submittal needs to be scheduled fora public hearing in accordance whh timelines set forth in the City of Mlemi Code. The applicable decision -making bodywill review the information at the pubdc hearing to render a recommendation or a final decla on. 44, REVIEW C04 PZ-22-14439 01 /1 6/24 Folio No: : 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01- 3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 RELEASE OF UNITY OF TITLE WHEREAS, 17 Plaza LLC, a Florida limited liability company, ("Owner") owns the property(ies) ("Property") legally described as: 1825 Biscayne Blvd, 1820 NE 4 Avenue, 1824 NE 4 Avenue, 1840 NE 4 Avenue, 1844 NE 4 Avenue, 331 NE 18 Street, 327 NE 18 Street and 1819 Biscayne Blvd. See attached Exhibit "A" WHEREAS, on December 16, 1992, the prior owner of the Property entered into a Unity of Title ("Unity") in favor of the City of Miami ("City") pertaining to use of said Property, which was recorded on December 29, 1992 in Official Records Book 15761 page 2910 of the Public Records of Miami -Dade County, Florida; and WHEREAS, such Unity declared that the Property shall be considered as one plot and parcel of land, as described therein; and WHEREAS, the Property Owner has requested that the Unity be canceled and released; and WHEREAS, is has been determined that the Unity is no longer necessary to preserve and protect the Property for the purposes therein intended; and above. WHEREAS, the City is willing to cancel and release the Unity; NOW THEREFORE, the City hereby releases and cancels the Unity of Title described [Signature Page(s) to Follow] Folio No: : 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 IN WTNESS WHEREOF, Signed, witnessed, executed and acknowledged this 26 of October , 2023. 17 Plaza, LLC, a Florida limited liability company By: Martin Ferreira de Melo, as Manager (TWO WITNESSES FOR EACH PERSON SIGNING). Witnesses: Print -Name: VI kr--?S Address: I' Print Name: (= (voe 0-n I t' ° n-, [ Address: ► soo c }• sc, vv6 STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ' physical prese ce 9R onlinefnotarization, this '?ta day of 0 Cat' . 20 Z • by U v ✓1 F >t-iQ�l as J�-�U rfl r-t'j�-w' of 17 Plaza LLC, a Florida limited liability company. Personally Known Produced Identification . Type of Identification Produced SARA PAOLA OQUENDO Notary Du:lic State of Florida Commission # HH 206553 My Comm. Expires Dec 22, 2025 3orced throt.gh Natiora' Notary Assn. A. IDA- Print di' Stamp me: ,=-.c.Ara r0) k-re4/1 Notary Public, late of Florida ! Commission No.: HH2O6553 My Commission Expires: 12/22/25 Page 2 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Ali Folio No: : 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 CITY OF MIAMI: APPROVED AS TO LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ City Attorney APPROVED: LAKISHA HULL, AICP, LEED AP BD+C Director of Planning APPROVED: JUVENAL SANTANA, P.E., CFM Director Department of Public Works APPROVED: NOTICE This submittal needs to be scheduled fora public hearing in accordance wM bmellnes set forth in the City of Mlemi Code. The applicable decision -ma ling body will review the information at the pubc hearing to render a recommendation or a final decla on. PZ-22-14439 01 /1 6/24 REVg Ew CO DANIEL S. GOLDBERG Zoning Administrator APPROVED: LUIS TORRES III Building Official Page 3 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01°40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 0 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01 °40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87'48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR, THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01 °40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTI IWEST CORNER OF SAID LOT 2; THENCE N. 87°49'0" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE 5. 01 °40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR (M) MDCR P.B, PG. POB, (R) RAN (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: 07.26-2023 AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION SHALL, BEAR ORIGINAL SIGNATURE AND THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. Z a O W 4 en N.E. 1 9 t h STREET HAVANA AVENUE (WTI - SP i. mrr za Mtn t— I amyl I INW 8JP ,11 I I 10 NOEN0 [II'-WRv xa tha, alf t'�ig �i ry1J1" E �.,7 I I _ 16T•a 20-ES,o�L 01 18 R LOT 1, BLOCK K,B.h00 a !pC& N E OWNER N W CORNiJI LOT 2, BLOCK 6 LOT 2, BLOCK B TB' f11r11TTrM'•+ N.E. 18ih STREET SOUTH PENINSULA SURVEYING, CORP. Digitally signed by Santiago Dominguez Date: 2023.10.19 16:26:42 -04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No, 6698 STATE OF FLORIDA. e PZ-22-144°3+9 01 /1 6/24 No.6698 * s14TE or DATE: 07-26-2023 SCALE: 1" = 80' JOB ORDER: 237849 CADD: 17 PLAZA-TPLAT.dwg DRAWN BY: A.D. F.B./ PG.: N/A FILE NO.: A-1412 SHEET: 1 OF 1 SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 4th Floor Miami, FL 33130-1910 NOTICE This submittal needs to be scheduled fora public hearing in accordance whh timelines set forth in the City of Mlemi Code. The applicable decision -making bodywill review the information at the pubdc hearing to render a recommendation or a final decla on. 44, 1 VIEW COI — Folio Nos: 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003- 0390, 01-3231-003-0370,01-3231-003-0450 and 01-3231-003-0460 PZ-22-14439 01 /1 6/24 (Space Above for Recorder's Use Only) RELEASE OF RESTRICTIVE COVENANT RUNNING WITH THE LAND WHEREAS, on April 20, 1992, MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership, the then owner of the real property described below ("Property") entered into a Restrictive Covenant Running With the Land ("Covenant") in favor of the City of Miami ("City") pertaining to use of said Property, which was recorded on April 20, 1992 in Official Records Book 15481 Page 0602 of the Public Records of Miami -Dade County, Florida; WHEREAS, the Covenant was required in connection with a Variance approval under Zoning Ordinance 9500; and WHEREAS, 17 Plaza LLC, a Florida limited liability company ("Owner(s)") owns the Property, which is legally described as: See attached Exhibit A 1825 Biscayne Blvd, 1820 NE 4 Avenue, 1824 NE 4 Avenue, 1840 NE 4 Avenue, 1844 NE 4 Avenue, 331 NE 18 Street, 327 NE 18 Street and 1819 Biscayne Blvd. WHEREAS, the Owner(s) of the Property has requested that the Covenant be canceled and released; and WHEREAS, the need for the Covenant is no longer in existence, and the City is willing to cancel and release the Covenant; and NOW THEREFORE, the City hereby releases and cancels the Covenant described above, as to any interest whatsoever that the City has in the Covenant. This release of Restrictive Covenant ("Release") may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Release. The parties shall be entitled to sign and transmit an electronic signature of this Release (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Release upon request. [SIGNATURES FOLLOW ON NEXT PAGE(S)] Page 2 of 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Release of Restrictive Covenant Running with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this October 26 -aay of 20 23. 17 PLAZA, LLC, a Florida limited liability company �^l By: r E Martin Ferreira de Melo, as Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE) This submittal needs to be scheduled for a pu Ole nearing in accordance vets Orr.. set forth in the City of Miami Code. The spoke. decision -malting body will review he lntormabon at the public hearing to render recommendation or a final decision. The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this - s day of G' t" 20Z by uv h = C Pl(as atnc•"lti of 17 PLAZA, LLC, a Florida limited liability company. Personally Known 'or Produced Identification Type of Identification Produced CITY OF MIAMI: APPROVED: OFFICE OF ZONING L Print or "tamp N. e; Sara Paola Oquendo Notary Public, S ate of Florida Commission No.: HH206553 My Commission Expires: 12-22-25 SARA ?AOLA OQUENDO Notary - State of r!orida Commission ; PH 20E553 My Comm, Expires Dec 22, 2025 }-r Boneeo throLQh National .Notary Assn. Page 3 of 4 PZ-22-14439 01 /1 6/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 Daniel S. Goldberg, Esq. Zoning Administrator APPROVED: Luis Tones III Building Official Lakisha Hull Planning Director Juvenal Santana Director of the Department of Resilience and Public Works APPROVED AS TO FORM AND CORRECTNESS: OFFICE OF THE CITY ATTORNEY Victoria Mendez, Esq. City Attorney Page 4 of 4 NOTICE This submittal needs to be scheduled fora public hearing in accordance whh bmellnes set forth in the City of Mlemi Code. The applicable decision -making bodywill review the information at the pubdc hearing to render a recommendation or a final decla on. PZ-22-14439 01 /1 6/24 REVIEW CO THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01°40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 0 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01 °40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87'48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR, THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01 °40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTI (WEST CORNER OF SAID LOT 2; THENCE N. 87°49' C" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE 5. 01 °40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR (M) MDCR P.B, PG. POB, (R) RAN (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: 07.26-2023 AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION SHALL, BEAR ORIGINAL SIGNATURE AND THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. Z a 0 W 4 en N. E. 1 9 t h S T R E T HAVANA AVENUE fmTS I _—L - --- - — 1M1r i.:0 F m_86 :11. —�—) NB1'7 .,,55.011.r . ; aonr vnl I TAM,.I'NW ilRc EII I I 1O .06111 [II'-WRT A W:k 84 6tfi£k= � I�G li, llT^ a':n•E y.,7- l�l I _ Ne�•aem-E 1ss,oaiRi _ I° II 11� 01 08 R LOT 1, BLOCK P,B.'h1'O K 1pCR N E I�"NER6��,' r✓ N W ClI LOT 2, BLOCK LOT ], ORBLONiKB q x }n08' TB' 000IfTQ* 48 N.E. 18ih STREET SOUTH PENINSULA SURVEYING, CORP. Digitally signed by Santiago Dominguez Date: 2023.10.19 16:26:42 -04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No, 6698 STATE OF FLORIDA. PZ re.„. nfonnatlonte=== recornmendatlon or final 22- 14439 01 /1 6/24 No.6698 * s I4TE aF DATE: 07-26-2023 SCALE: 1" = 80' JOB ORDER: 237849 CADD: 17 PLAZA-TPLAT.dwg DRAWN BY: A.D. F.B./ PG.: N/A FILE NO.: A-1412 SHEET: 1 OF 1 SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 0 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 4th Floor Miami, FL 33130-1910 NOTICE This submittal needs to be scheduled fora public hearing in accordance whh timelines set forth in the City of Mlemi Code. The applicable decision -making bodywill review the information at the pubdc hearing to render a recommendation or a final decla on. 44, 14-VIEW COI — Folio Nos: 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003- 0390, 01-3231-003-0370,01-3231-003-0450 and 01-3231-003-0460 PZ-22-14439 01 /1 6/24 (Space Above for Recorder's Use Only) RELEASE OF RESTRICTIVE COVENANT RUNNING WITH THE LAND WHEREAS, on December 14, 1992, MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership, the then owner of the real property described below ("Property") entered into a Restrictive Covenant Running With the Land ("Covenant") in favor of the City of Miami ("City") pertaining to use of said Property, which was recorded on December 29, 1992 in Official Records Book 15761 Page 2913 of the Public Records of Miami -Dade County, Florida; WHEREAS, the Covenant was required in connection with a Variance approval under Zoning Ordinance 9500; and WHEREAS, 17 Plaza LLC, a Florida limited liability company ("Owner(s)") owns the Property, which is legally described as: See attached Exhibit A 1825 Biscayne Blvd, 1820 NE 4 Avenue, 1824 NE 4 Avenue, 1840 NE 4 Avenue, 1844 NE 4 Avenue, 331 NE 18 Street, 327 NE 18 Street and 1819 Biscayne Blvd. WHEREAS, the Owner(s) of the Property has requested that the Covenant be canceled and released; and WHEREAS, the need for the Covenant is no longer in existence, and the City is willing to cancel and release the Covenant; and NOW THEREFORE, the City hereby releases and cancels the Covenant described above, as to any interest whatsoever that the City has in the Covenant. This release of Restrictive Covenant ("Release") may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Release. The parties shall be entitled to sign and transmit an electronic signature of this Release (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Release upon request. [SIGNATURES FOLLOW ON NEXT PAGE(S)] Page 2 of 4 At NOTICE Thls submidal needs to be scheduled fora pubUc hearing In accordance wish 4melines set forth in the City or Miami Code. The applicade decIslon-mah ng body rnIL retew the Information at the pubUc hearing to render a recommendation or a final decision. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Release of Restrictive Covenant Running with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 NOTICE Mem Code applIcalie decision -making body Mt recommen. co or final Eleus on PZ-22-14439 ov16/24 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this october 2uay of 20 23. 17 PLAZA, LLC, a Florida limited liability company By: Martin Ferreira de Melo, as Manager STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of physical press ce OR online notarization, this ...26 day of 0C . 20L3, by I-. ,, i T' 114-1 . as 0U v1 of 17 PLAZA, LLC, a Florida limited liability company. Personally Known 1- or Produced Identification Type of Identification Produced NARA a "�� ac���► y _ +a[aNa BOLA Q'QUEN[DO 114 -.• Carta sslto . ;SIN 206551 of Ftorlaa h[y Carrm. Expires Der 22, 2025 Clr,Ctr thraqh Yatio dl 4q[ary.�s5n. CITY OF MIAMI: APPROVED: OFFICE OF ZONING - rin or Stamp N me: S Notary Public, State of Florida Commission No.: HH206553 My Commission Expires: 12/22/25 Page 3 of 4 vcn� THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 Daniel S. Goldberg, Esq. Zoning Administrator APPROVED: Luis Tones III Building Official Lakisha Hull Planning Director Juvenal Santana Director of the Department of Resilience and Public Works APPROVED AS TO FORM AND CORRECTNESS: OFFICE OF THE CITY ATTORNEY Victoria Mendez, Esq. City Attorney Page 4 of 4 NOTICE This submittal needs to be scheduled fora public hearing in accordance whh bmellnes set forth in the City of Mlemi Code. The applicable decision -making bodywill review the information at the pubdc hearing to render a recommendation or a final decla on. PZ-22-14439 01 /1 6/24 REVIEW CO THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN. ACCOR6ING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01°40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01 °40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87'48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR, THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01 °40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTI IWEST CORNER OF SAID LOT 2; THENCE N. 87°49' C" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE 5. 01 °40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR (M) MDCR P.B, PG. P.O B. (R) RAN (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: 07.26-2023 AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION SHALL. BEAR ORIGINAL SIGNATURE AND THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. 0 Z 4 O N.E. 1 9 t h STREET HAVANA AVENUE ZPLATL _ , - I aux1P,l14W 8JIAt OI I I 10 TOENIT[B'-WFv NE- rim al ff4= 1 D'E �.,7 �I I N6T a0'20ES,o�L 5000• O LOT 1, BLOCK6 P,B.'h l'O r !pC& N E OWNER 0 , N W CORNiNI LOT 2, BLOCK 6 LOT 2, BLOCK B 7' 44' PZ-22-14439 01/16/24 I _» 1 G TB' RIOITT.Q *48 N.E. i 8 ih STREET— T I{ri .� SOUTH PENINSULA SURVEYING, CORP. ;' Digitally signed by 1 Santiago Dominguez ) % Date: 2023.10.19 16:26:42 -04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No, 6698 STATE OF FLORIDA. •- 1 IN L ..4r444��, No.6698 r * 9Ih7E OF 7TDR� .v DATE: 07-26-2023 SCALE: 1" = 80' JOB ORDER: 237849 CADD: 17 PLAZA-TPLAT.dwq DRAWN BY: A.D. F.B./ PG.: N/A FILE NO.: A-1412 SHEET: 1 OF 1 SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM 3 AT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT INDEX PZD-0 Index PAP-1 Application PZD-1 Letter of Intent PZD-2 Copies of Recorded Deeds PZD-3 Legal Description Exhibit "A" PZD-5 List of Addresses and Folio numbers NOTICE This submittal needs to be scheduled fora pubic hearing in accordance whh idmatinee set forth in the City of Mlemi Code. The applicable decision -making bodywill review the information at the pubic hearing to render a recommendation or a final decla on. PZD-6 Copy of Declaration of Restrictive Covenant recoded on April 20, 1992, OR Book 15281, Page 0602 to be released. PZD-7 Copy of Declaration of Restrictive Covenant on December 29, 1992, in OR Book 15761, Page 2913 to be released. PZD-8 Copy of Unity of Title recorded on December 29, 1992, in OR Book 15761, Page 2910 to be released. PZD-30 Disclosure of Affidavit of No Monies Due to City 44, 1 VIEW CO PZ-22-14439 01 /1 6/24 ACTIVE 53870384v1 GT GreenbergTraurig Via ePlan David Snow Interim Planning Director City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT July 26, 2023 Updated October 17, 2023 Updated January 3, 2024 0 C. NOTICE This submittal needs to be scheduled fora public hearing in accordance wkh idmatinee set forth in the City of Mlami Code. The applies tie decision -making body will review the information at the pubdc hearing to render a recommendation or a final decla on. 44, V 1 VIEW COI- PZ-22-14439 01/16/24 Re: Special Appearance for Release of Declarations of Restrictive Covenants and Unity of Title / 1819 and 1825 Biscayne Boulevard, 1820, 1824, 1840, and 1844 NE 4 Avenue, 327 and 331 NE 18 Street, Miami, Florida / PZ-22-14439 Dear Mr. Snow: On behalf of 17 Plaza LLC (the "Applicant"), owner of the properties located at 1819 and 1825 Biscayne Boulevard, 1820, 1824, 1840, and 1844 NE 4 Avenue, 327 and 331 NE 18 Street, Miami, Florida (Folio Nos. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231- 003-0400, 01-3231-003-0390, 01-3231-003-0370, and 01-3231-003-0450) (collectively, the "Property"), please accept this letter of intent in connection with the Applicant's request for a Special Appearance to release the following recorded documents. 1. Declaration of Restrictive Covenants encumbering a portion of the Property, recorded on April 20, 1992 in Official Records Book 15481, Page 0602 of the Public Records of Miami - Dade County, Florida ("Covenant 1"). On November 27, 2023, the City of Miami's Release Review Committee recommended approval of the release of Covenant 1 under PZ- 23-17252. 2. Declaration of Restrictive Covenants encumbering the Property, recorded on December 29, 1992 in Official Records Book 15761, Page 2913 of the Public Records of Miami -Dade County, Florida ("Covenant 2"). On November 27, 2023, the City of Miami's Release Review Committee recommended approval of the release of Covenant 2 under PZ-23- 17282. 3. Unity of Title encumbering the Property, recorded on December 29, 1992 in Official Records Book 15761, Page 2910 of the Public Records of Miami -Dade County, Florida ("Unity of Title"). On November 27, 2023, the City of Miami's Release Review Committee recommended approval of the release of the Unity of Title under PZ-23-17283. Greenberg Traurig, P.A. Attorneys at Law 333 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 I T +1 305.579.0500 I F +1 305.579.0717ACTIVE 689086975v1 www.gtlaw.com PUBLic Mr. David Snow 17 Plaza LLC Release of Declarations of Restrictive Covenants and Unity of Title Special Appearance PZ-22-14439 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT I. Background G 0 4- NOTICE This submittal needs to be scheduled fora public hearing in accordance with tlmelines set forth in the City or Miami Code. The applied Fie decision -making body rAll renewme information at the public nearing to render a recommendation or a final decoon. 44, REVIEW c0�'Q PZ-22-14439 01/16/24 On January 24, 1991, the Miami City Commission adopted Resolution No. 91-92 approving a variance from Ordinance No. 9500, the then Zoning Ordinance for the City, for the development of the Chinatown Project at the Property. The 1991 Variance was later amended by Resolution No. 91-779 and Resolution No. 92-268 (together with Resolution No. 91-92, the "1991 Variance"), attached as composite Exhibit 1. In connection with the 1991 Variance, the then owner of the Property proffered and recorded Covenant 1, Covenant 2, and the Unity of Title. The 1991 Variance provided that if the then owner of the Property failed to post the $250,000 cash bond, pay fees due, or obtain approval of a final building permit on or before August 30, 1992, the 1991 Variance "shall expire." None of these conditions were met and the Chinatown Project was never constructed. Below please find a summary of the restrictions and release provisions provided in each of the recorded documents proposed to be released. 1. Covenant 1. Section 2 of Covenant 1 provides that the Permits and plans for the redevelopment of the Property "shall be held in Escrow by the Building Official until" various conditions are met including payment of all City and County impact fees, posting of a $250,000 cash bond, and issuance of a building permit prior to August 30, 1992. Section 6 of the Covenant provides that it may be amended or released by a written instrument executed by the then owners of the Property provided that said instrument is approved by the City Commission at a public hearing. 2. Covenant 2. This covenant provides various restrictions requiring that at least 80 parking spaces (and necessary easements) be provided on the eastern portion of the Property to serve the western portion of the Property. Section 6 of Covenant 2 also provides that the Owner shall not sell or convey the eastern portion of the Property separately from the western portion of the Property until the Owner meets all the conditions sets forth in the 1991 Variance. 3. Unity of Title. The Unity of Title mirrors Covenant 2 and provides that the Owner shall not sell or convey the eastern portion of the Property separately from the western portion of the Property until the Owner meets all the conditions sets forth in the 1991 Variance. Section 3 of the Unity of Title provides that it may be amended or released by a written instrument executed by the then owners of the Property provided that said instrument s approved by the City Commission at a public hearing. Cl Greenberg Traurig. P.A. I Attorneys at LawACT1VE 689086975v1 2 Mr. David Snow 17 Plaza LLC Release of Declarations of Restrictive Covenants and Unity of Title Special Appearance PZ-22-14439 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Since the 1991 Variance expired and the Chinatown Project was never developed, the Applicant kindly requests that Covenant 1, Covenant 2, and the Unity of Title be released so the Property can be redeveloped with a Miami 21 compliant project. Should you have any questions, please feel free to contact me. Thank you for your attention and favorable consideration of this matter. Sincerely, Iris V. Escarra Enclosures 4 Co 0 Q' Q p PUBLIC NOTICE This submittal needs to be scheduled fora pubic hearing in accordance with idmellnes set forth in the City of Miami Code.The applica de decision -making bolywill review the information at the public hearing to render a recommended on or a final decision. PZ-22-14439 01/16/24 Greenberg Traurig. P.A. I Attorneys at LawACT1VE 689086975v1 3 EXHIBIT '1' J-91-57(a) 1/24/91 THIS DOCUMENT IS A SUBSTITUTION TO OR AL. BACKUP ORIGINAL CAN BE SEENIT THE END OF THIS DOCUMENT RESOLUTION NO. 9 1 _. 92 A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING REQUIREMENTS," AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9' REQUIRED); 58%/31,639 SQUARE FEET OPEN SPACE (64%/34,970.21 SQUARE FEET REQUIRED); 17%/9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (21%/11,474.6 SQUARE FEET REQUIRED); AND ELIMINATING THE REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 18TH STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT NO. 1380 - "CHINATOWN", AS PER PLANS ON FILE DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON THE FOLLOWING: (1) THE 80 PARKING SPACES (AS INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS PER PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF THE BLOCK; (5) SAID PLAN MUST RECEIVE LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; (6) ANY REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN FOR PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7) A COVENANT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE PROPERTY WILL BE SUBJECT TO THE HEREIN LISTED CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID VARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED. B' �q� aba AIdgNDED BY: CITY COMI+MISSION ME:TIar OF AN 24 1991 91- 92 RESOLUTION Ne. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT WHEREAS, the Miami Zoning Board at its meeting of December 3, 1990, Item No. 2, duly adopted Resolution ZB 115-90 by a six to zero (6-0) vote granting a variance as hereinafter set forth; and WHEREAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the variance; and WHEREAS, the City Commission, after careful consideration of this matter finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 58%/31,639 square feet open space (64%/34,970.21 square feet required); 17%/9,200.43 square feet of pedestrian open space (21%/11,474.6 square feet - 2 - 91- 92 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the applicant posting a performance bond or letter of credit in the amount of $250,000.00 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced. NOTICE PZ-22-14439 1/16/24 - 3 92 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ,1 Section 3. This Resolution shall become effective immediately upon its adoption. ATT PASSED AND ADOPTED this 24th day of .i. , 1991. HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CRGE L.-TrRNANDEZ CITY ATTOR2�EY GMM/rma/lb/M1974 XAVIER L. S AREZ, 4 91- 92 cc: A. Quinn Jones, III, City Attorney Matty Hirai, 'city Clerk Joseph W. McManus, Assistant Planning, Building & Zoning Director Guillermo E. Olmedillo, Deputy Planning, Building & Zoning Directoz) :.,j +„ + Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih • H. =PZ-22-14439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Sergio Rodriguez Assistant City Manager FROM Irma M. Abella Assistant City Attorney DATE SUBJECT REFERENCES ENCLOSURES January 14, 1992 FILE A-91-73. - Amendment to Chinatown Variance Resolution Nos. 91-92 and 91-77 As you well know, the Amendment to the Chinatown Variance granted by the City Commission on the above -referenced matter at its meeting of October 24, 1991, was conditioned upon the following: 1. That the City be provided assurances that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000; and 2. That the applicant proffer a covena, in a form acceptable to the City Attorney, guaranteeing the occurrence of all other conditions enumerated in Resolution No. 91-92, as amended by Resolution No. 91-779, upon which this Variance is contingent. To this date, we have not received either ,(a) assurances that the City is guaranteed an equity in excess of $250,000 or (b) an executed covenant meeting the City Attorney's approval. Enclosed are copies of my letters to Gary Brown, attorney for the applicant, dated October 31, 1991 and December 13, 1991, and Mr. Brown's reply letters dated November 5, 1991 and December 26, 1991. I wish to remind you that, pursuant to Section 2105.2 of Ordinance 11000, the applicant has 180 days from the date this amendment to the Variance was granted, that is until April 21, 1992, to pull a building permit under Ordinance No. 9500. Any building permits pulled after said date will have to comply with the provisions of Ordinance No. 11000. THIS DOCUMENT IS A SUBSTITUTIOp6,� TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Sergio Rodriguez January 14, 1992 Page 2 Please advise how you suggest we should proceed regarding this matter. IMA/lb/P726 cc: A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih 1THIS DOCUMENT IS A SUBSTITUTION ITO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT itvr of ?Maze A. QL INN !ONES. III Ctty Attorney • October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: (305): 579.6700 Telecopier: (305) 579-3399 subralainro. to !rescheduled for orb Ur neon] PZ-22-14439 01/16/24 With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the 6250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees Join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/MO Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 Gary Brown, Esquire October 31, 1991 Page 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CA`V BE SEEN AT THE END OF THIS DOCUMENT If you have any quest,ons, do not hesitate to call me. Sincerely, • Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant Joel E. Maxwell Chief Assistant Mr. Isaac Shih City Attorney City Attorney lenrni Code The eudeeecaon°m:l gbody. PZ-22-14439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT A. QUINN (ONES, III City Attorney Tag of',Miami' December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: (305): 579.6700 Telecopier: (305) 579.3399 PURL/ OLD � c9f? � v 2 NOTICE This suIn accordance. Imenneee set form lntheuClb of room node -me N... bsmon-m.king body wit rerlerOv Intenoton et Ina pubic bearing to render. recn2-14439 r erre! n PZ-2 9 01 / 16/24 RFv! EW COIIS By your letter of November 5, 1991 on the above -referenced matter, of which I enclose a copy, you advised me that you would provide us with the pertinent mortgagee estoppel letter and title insurance commitment within two weeks of said letter, that is, by November 19, 1991. As of this date, we have not received said documents, nor, for that matter, any of the documents made reference to in my letter to you dated October 31, 1991, of which I also enclose a copy. Please bear in mind that the Amendment to the variance granted by the City Commission at its meeting of October 24, 1991 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami. Honda 33131 THIS DOCUMENT IS A SUBSTITUTION JO ORIGINAL. BACKUP ORIGINAL CAN ,BE SEEN AT THE END OF THIS DOCUMENT Gary Brown, Esquire December 13, 1991 Page 2 was conditioned upon our receipt 'any questions, do not hesitate to IMA/lb/P706 cc: A. Quinn Jones, III City Attorney of said documents. If you have call me. Sincerely, Irma M. Abella Assistant City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih °= Mem Cade applied. 0.1sion-makIng body._ PZ-22-14439 THIS DOCUMENT IS A SUBSTITUTION iTO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN1 HIC..4E_ 9E020W Ga P• 4 n 3PN 41 iN _ .AN A% A, 3LA5ER 54P• PPOWN PESt CC. S WOHL POPr P'4 STOM I317.1)7.()%J, KORN, KAN & GLASER, 'P.A. ATTORNEYS Al' LAW PENTHOIISE SI)ItE 11077 815C4TNE BOI)1 Ev4P0 P 0 tiO. 61 • 9002 �I A It, fIWUIDA ;fuHq-unnn: November 5, 1991 Irma M. Abella, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 TELEPHONE 17051695. 2520 13051523 6001 (SROWAPO) TELECOPIEP (3051 695 • 1421 Re: Amendment to Chinatown Variance, Resolution No. 91- 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: ®.;n oa.oFl m..n9 Ocay reJewtheinforrn.on ruhac heeling to render recommendardon cu.. PZ-22-14439 4439 01/16/24 I am in receipt of your correspondence of October 31, 1991. It is my understanding that Miami Chinese Community Center, Ltd. has delivered to Joel Maxwell of your office an original appraisal of the subject property. We will be providing your office with current estoppel letters from all mortgage holders evidencing the present outstanding principal balance on each of the mortgages, together with a Mortgagee Title Insurance Commitment. I would expect to have the mortgagee estoppel letters and title insurance commitment to you within the next two weeks. Thank you. GLB/rr cc: Miami Chinese Community, Ltd. Attention: Mr. Isaac Shih wbr000535 1 Ver j ruly y¢LIDS sl f /GARY L.7BROWN For The Firm )7% r7� CD • AFC ors 4.01 C_^ THIS DOCUMENT IS A SUBSTITUTION to ORIGINAL. BACKUP ORIGINAL CAN BJ SEEN AT THE END OF THIS DOCUMENT MICHAEL BE020w GARY A MORN ALAN J MAN ALLAN M GLASER GARY L BROWN REBECCA 5 wOHL ALAN E. SCHNEIDER 13EDk-OW, KORN, KAN & GLASJ.ri, P.A. ATTORNEYS AT LAW PENTHOUSE SLHTE 11077 BISCAYNE BOULEVARD PO BOX B1-9002 MIAMI, FLORIDA 30161-0002 December 26, 1991 Irma M. Abella, Esq. Assistant City Attorney City of Miami Office of the City Attorney Dupont Plaza Center, Suite 300 300 Biscayne Boulevard Way Miami, Florida 33131 Re: Amendment to Chinatown Variance Resolution No. 91-92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: TELEPHONE ,3051 09 (305) 523-BOO, (BP0wARO) TELECOPIER (305, 695 • H321 0 ;} Thank you for your letter of December 13, 1991. Due to the year end crunch of title work, we do not yet have the Mortgagee Commitment. As soon as we have the Mortgagee Commitment, I will forward same together with mortgage estoppel letters to you for review and approval. Thank you. GARY L. BROWN For The Firm GLB/rr cc: Miami Chinese Community Center, Ltd. xbr000520 MS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OF MIAMI, FLORIDA 1NTER14,9 cf\,,MEL!,ORANDUM HAY 23 (' ! t: t; G ro : Matty Hirai GATE City Clerk FROM rge ernandez ity Attorney URJECT _I REFERENCE ENCLOSURES PZ-22-14439 May 22, 1991 Resolution No. 91-92, adopted January 24, 1991 Chinatown We have recently been made aware that the time limitation for obtaining a building permit contained in Resolution No. 91-92, adopted January 24, 1991, referred to a date of March 2, 1991, this date being the deadline imposed by the Zoning Board in its action of December 3, 1990. This reference is incorrect and its presence is an obvious scrivener's error because of the controlling provisions of Ordinance No. 9500 which provide for the obtaining of a building permit within 90 days from the date of City Commission action. The computation of calendar dates from •January 24, 1991 clearly establishes that the correct calendar date of April 24, 1991 is the date within which a building permit must have been obtained. Accordingly, in view of the statement in the transcript of January 24, 1991 by the Applicant's representative reflecting the correct computation of the deadline date, there is no need to adopt corrective or curative legislation. Moreover, due to the passage of time there is no significance that attaches to the incorrect reference. You may wish to keep this memorandum on file in your office together with other back-up material you have in your custody regarding this Item. JLF:gb:P140 cc: G. Miriam Maer, Chief Assistant City Attorney Irma M. Abella, Assistant City Attorney Sergio Rodriguez, Director Department of Planning, Building and Zoning Attn: Guillermo Olmedillo, Deputy Director Department of Planning, Building and Zoning qt - cc: A. Quinn Jones, III City Attorl' THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN . E SEEN AT THE END OF THIS DOCUMENT Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager ==� Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director , Planning, Building & Zoning i T :' Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant Joel E. Maxwell Chief Assistant Mr. Isaac Shih City Attorney City Attorney 110: 2 - G �, r °aa ms ?"/n PZ-22-14439 01/16/24 cc: A. Quinn JonPs, III City Attori'' Natty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager. Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning r�,= Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih 1.) 2 NOTICE PZ-22-14439 i 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN • BE SEEN AT THE END OF THIS DOCUMENT A. QUINN (ONES, III City Attorney (City of liami December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Resolution NoC9 1 .92. 1 Our File No. A-91-734 Dear Mr. Brown: (305): 579.6700 Telecopier: (305) 579-3399 PUBLIC (, O n iv tr 2 NOTICE abd The ygirzde hasidon-maMlnp hc�Mt PZ-22-14439 01 / 16/24 REVIEW C By your letter of November 5, 1991 on the above -referenced matter, of which I enclose a copy, you advised me that you would provide us with the pertinent mortgagee estoppel letter and title insurance commitment within two weeks of said letter, that is, by November 19, 1991. As of this date, we have not received said documents, nor, for that matter, any of the documents made reference to in my letter to you dated October 31, 1991, of which I also enclose a copy. Please bear in mind that the Amendment to the variance granted by the City Commission at its meeting of October 24, 1991 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 veQ ABS DOCUMENT IS A SUBSTITUTION 'TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Gary Brown, Esquire December 13, 1991 Page 2 was conditioned upon our receipt of said documents. If you have 'any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Attorney IMA/lb/P706 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih NOTICE me. code.M appllaa. Cxklon-making body Mt PZe22-14439� 01/16/24 THIS DOCUMENT IS A SUBSTITUTION 1'O ORIGINAL. BACKUP ORIGINAL CAN RE SEEN AT THE END OF THIS DOCUMENT `1-ttJ I?f att —1 A. QUINN )ONES, III City Attorney Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 October 31, 1991 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: (305): 579.6700 Telecopier: (305) 579-3399 occ.lance sett]. In the City reilextheInforrnation the Ilea, to render a PZ-2Hem Code Tie applicable decision-makIng body. recommendation. a 2-14439 22-14439 01/16/24 With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of. mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which. had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Ameriiirst Building/One Southeast Third Avenue/Miami, Florida 33731 Gary Brown, Esquire October 31, 1991 Page 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT If you have any questions, do not hesitate to call me Sincerely, Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih rectl22-14439 n PZ 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT M .0 HAEL eED20w GAO, a n DRN ALAN J wAN ALLA\ M GLASER GAR.- BROWN RES:CCA 5 WOHL ROPE R` A STO.. F E1)7 V, KO12N, KAN & GLASER, P.A. A'rT01:N P:N'S At LAW PENTH('i115f Sliitt P077 BISCAYNE BOI. rvARD PO BOX 61.9002 M TA tI 1. FLOW :I: f1cf1-uunu November 5, 1991 TELEPHONE 13051 e95 • 2520 13051 523 6001 (BROWARD) TE LECOPIE P 1305) 695 • 1421 Irma M. Abella, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 Re: Amendment to Chinatown Variance, Resolution No. 91- 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: maeowercewlvememessettownnvotoor reJewMelMormeEon el lM1e Wbie M1eerinp to rtntlere PZ-22-14439 01 /16/24 I am in receipt of your correspondence of October 31, 1991. It is my understanding that Miami Chinese Community Center, Ltd. has delivered to Joel Maxwell of your office an original appraisal of the subject property. We will be providing your office with current estoppel letters from all mortgage holders evidencing the present outstanding principal balance on each of the mortgages, together with a Mortgagee Title Insurance Commitment. I would expect to have the mortgagee estoppel letters and title insurance commitment to you within the next two weeks. Thank you. GL3Jrr cc: Miami Chinese Community, Ltd. Attention: Mr. Isaac Shih wbr000535 Vera ly fi /GARY L.%BROWN For The Firm u r,s y/ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT(City of J ixn,t A. QUINN JONES, III City Attorney October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of Octobe 24, 1991 Resolution No. Our File No. A-91-734 Dear Mr. Brown: (305): 579-6700 Telecopier: (305) 579-3399 0 0 a PUBL/ OP NOTICE Merl Code 'Me applIcable dads. body revIewrIelritormaon R.I. here, to render PZ 22.14439 01/16/24 I EW With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Ameritirst Building/One Southeast Third Avenue/Miami, Florida 33131 V� Q THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BEbEEN AT THE END OF THIS DOCUMEN A. QUINN TONES, III City Attorney City of ?Mann October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of Octobe 24, 1991 Resolution No. Our File No. A-91-734 Dear Mr. Brown: (305): 579-6700 Telecopier: (305) 579-3399 PZ a22-14439 01/16/24 With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN PftSEEN AT THE END OF THIS DOCUMENT Gary Brown, Esquire October 31, 1991 Page 2 If you have any questions, do not hesitate to call me. Sincerely, 1. 11 rrf'f: Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih PZ-22-14439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT LOCATION/LEGAL APPLICANT/OWNER PZ'38 ZONING FACT SHEET 1801-1859 Biscayne Blvd. Tract A Tentative Plat #1380-"CHINATOWN" Isaac Shih 330 NE 18 Street Miami, FL Phone 372-5209 ZONING RG-3/7 General Residential. REQUEST ar memgira.emcimn�mau rvn PZ22.14439 01/16/24 Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements' and "Minimum Offstreet Parking Requirements', and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow/the construction of a 70,025 sq. ft. commercial building on above site, as per plans on file, providing 0 of 316 required offstreet parking spaces, 0 of 3 required offstreet loading bays, 0' front setback (10' required); 0' side street yard (7.5 required) 8' side yard (42.9' required); 58% - 31,639 sq. ft. open space (64% - 34,970.21 sq. ft. required); 17% - 9,200.43 sq. ft. of pedestrian open space (21% - 11,474.6 sq. ft. required); and no provision of required vision clearance at the intersection of Biscayne Blvd. and NE 18 Street. THIS DOCUMENT IS A SUBSTITUTION TO'ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT RECOMMENDATION PLANNING DEPARTMENT NOTICE « decision -mad, .oPZ a� 22-14439 01/16/24 DENIAL. There is no hardship to justify the requested variances. No special conditions and circumstances exist which are peculiar to the land or building Involved and which are not applicable to other lands in the same zoning district. The alleged economic hardship is not acceptable. The statement made by the applicant that parking, not feasible on site, will be provided off -site within 600' and at meters, is not acceptable either. Existing on -street parking is not sufficient to pick up spill -over parking and should not be considered to satisfy the Ordinance requirements. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variances requested will confer on the petitioner a special privilege that is denied by the Zoning Ordinance to other lands in the same zoning district. The grant of these variances will not be in harmony with the general intent and purpose of the Zoning Ordinance 9500. PUBLIC WORKS No comment. DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD 1. Construction within state right of way F.D.O.T. a permit is required. 2. For traffic signal conflicts contact Dade County Public Works Department Highway Division. At its meeting of December 3, 1990, the Zoning Board adopted Resolution ZB 115-90, granting until March 2. 1991, with conditions, by a vote of 8-0. Eight PROPONENTS were present at the meeting. One reply AGAINST, and one reply in FAVOR vas received by nail THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Y2. 11.4 11111 • ANALYSIS pbgr PZ-22-14439 01/16/24 Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. X The special conditions and circumstances are an indirect result from the actions of the petitioner. X Literal interpretation of the provisions of Zoning Ordinance 9500 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. X Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. X The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. X The grant of this variance is in harmony with the. general intent and purpose of this zoning ordinance. and is not incurious to the neighborhood, or otherwise detrimental to the public welfare. 91- 92 I I • SO '_RY HC • 01 V II 1. SS WiliPPIPIEWW"'" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 19 • 't 7 Lit ca 614. 0 ..11 MILLS4O• , ••11 . . °I.,11Jsn. •••411•1010 11 7 wasimaiLmilimeT E R 111411111 111 1112 11 tg PAICIL T PLAZA VENT PHASE -- 2 NOTICE ThIssubrnittat needs to be scheduled for a public hearing In accordance wilt tmeln. set forth in the City of Warm Cede. The appUca daemon -making body wit review the information at the pub!c hearing to render a recommended on or a final decia on PZ-22-1 4439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PZ-22-14439 01/16/24 81- 92 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the ity Commission Cesar H. Odio City Manager DATE SUBJECT REFERENCES ENCLOSURES. January 7, 1991 at NOTICE a °od�md�e�eom.k g�emr e ore Mel decltlon rec PZ 22-14439 01/16/24 FILE Appeal of Grant of Variances: Chinatown Project; 1801-59 Biscayne Boulevard BACKGROUND During discussion of Item CA-2; October 25, 1990, the Commission, by Motion 90-822, moved to defer accepting the "Chinatown" plat (tentative plat #1380) until such time as the developer's request for a parking variance was decided. However, Sergio Rodriguez, Assistant City Manager and speaking for the Administration, gave assurances to the Commission that before any variances were granted for the project, they would be brought before the Commission. Later, by Resolution 90-826, the Commission decided to accept the plat. ZONING BOARD GRANT OF VARIANCES On December 8, 1990, in public hearing after considering the Planning recommendation for denial, the Zoning Board, by Resolution ZB 115-90, granted the following variances by a vote of 7-0: Grant of variances from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements" and "Minimum Offstreet Parking Requirements", and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow the construction of a 70,025 sq. ft. commercial building on the site, zoned RG-3/7 General Residential, as per plans on file, providing: a) 0 of 316 required offstreet parking spaces; b 0 of 3 required offstreet loading bays; c 0' front setback (10' required); d 0' side street yard (7.5 required); e 8' side yard (42.9' required); f) 58% - 31,639 sq. ft. open space (64% - 34,970.21 sq. ft. required); g) 17% - 9,200.43 sq. ft. of pedestrian open space (214 - 11,474.6 sq. ft. required); and h) providing no required vision clearance at the intersection of Biscayne Blvd. and N.E. 18 Street. Page 1 of 3 91- 92 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT This sulralsi meek. be sche.Led for e "gT,in eccorrrance .e�i�m.m,�ires set forth public Cry, 9emv.n�9 PZ-22-14439 01/16/24 and subject to the following conditions: a building permit must be obtained by March 2, 1991; this grant of variance is based on plans on file dated November 7, 1990; which show 80 parking spaces on the back portion of the block, to be provided at time of issuance of certificate of occupancy; said plans being subject to landscape plan approval; unity of title for Tract A is required before issuance of a building permit; parking spaces per plans dated November 7, 1990; in the event that the applicant provides the 80 parking spaces at another location in accordance with City Code and regulations, then the applicant will be exempt from the requirement that these spaces be provided on the back portion, as per parking plans dated November 7, 1990; and any changes to the above referenced plans for parking spaces dated November 7, 1990, are to be brought back to the Zoning Board in public hearing, and said application for public hearing to be initiated and paid for by the applicant. APPEAL OF ZONING BOARD ACTION Pursuant to Article 32, Zoning Ordinance 9500, the Planning, Building and Zoning Department has appealed the decision of the Zoning Board on December 8, 1990 and requests that the City Commission review Resolution ZB 115-90 by which the Zoning Board granted eight variances, with conditions, for the Chinatown Project (See map attached). This appeal is based on the following contentions: 1. Parking Spaces The conditions attached to the grant of eight variances do not satisfactorily mitigate the lack of required parking spaces. Conditioning the grant of variances on the temporary location of 80 spaces on the back portion of the block still leaves a required off- street parking deficit of 236 spaces (316 spaces required). These 236 cars will park in curb parking spaces in the area impacting the neighborhood. Following initial development of the 70,000 square foot commercial structure, the developer will again be able to seek a variance for parking before developing the back half of the block. Page 2 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 2. Loading Bays To construct without providing the requi commercial vehicles making off -site location. These spaces. This appeal is tentatively scheduled agenda of January 24, 1991. Attachment M.me I�de �don-M.31N`emrw[I �� �m. ono,.final tleciion PZ-22-14439 01/16/24 a 70,000 square foot commercial structure red truck loading bays on site, will force deliveries and picking up supplies to an trucks and vans will impact on parking on the City Commission Planning and Zoning Page 3 of 3 91- 92 8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM recommeation or Orel decisio PZtl22.14439 n 01 / 16/24 TO FROM Gloria Fox, Chief Jeering Boards Office (Planning, Building& Zoning Department sua,ECT Guill o Deput Director Planning, Building & Zoning Department DATE REFERENCES ENCLOSURES December 1P,F,: 199Q: 1,: FILE,01 tj7 Appeal of Grant of Variances: Chinatown Project, 1801-59 Biscayne Boulevard Agenda Item, City Commission Meeting of January 24, 1990 APPEAL Pursuant to Article 32, Zoning Ordinance 9500, the Planning, Building and Zoning Department wishes to appeal the decision of the Zoning Board on December 8, 1990 and requests that the City Commission review Resolution ZB 115-90 by which the Zoning Board granted eight variances, with conditions, for the Chinatown Project (See map attached). This appeal is based on the following contentions: 1. Parking Spaces The conditions attached to the grant of eight variances do not satisfactorily mitigate the lack of required parking spaces. Conditioning the grant of variances on the temporary location of 80 spaces on the back portion of the block still leaves a required off- street parking deficit of 236 spaces (316 spaces required). These 236 cars will park in curb parking spaces in the area impacting the neighborhood. Following initial development of the 70,000 square foot commercial structure, the developer will again be able to seek a variance for parking before developing the back half of the block. 2. Loading Bays To construct a 70,000 square foot commercial structure without providing the required truck loading bays on site, will force commercial vehicles making deliveries and picking up supplies to an off -site location. These trucks and vans will impact on parking spaces. 91- 92 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Cesar H. Odio City Manager DATE SUBJECT REFERENCES• ENCLOSURES 6aa lenrni Code The... �eecaon" ' -m:w 9e�.,�� PZ-22-14439 01/16/24 De091).:1Z FILE Request to Appeal Grant of Variances: Chinatown Project, 1801-59 Biscayne Boulevard If the Commission wishes the Administration to appeal the variances granted by the Zoning Board on December 3, 1990 pertaining to the Chinatown Project (see attached map), then please inform Sergio Rodriguez, Assistant City Manager, immediately but no later then close of business. Monday. December 17. 1990. BACKGROUND During discussion of Item CA-2; October 25, 1990, the Commission, by Motion 90-822, moved to defer accepting the "Chinatown" plat (tentative plat #1380) until such time as the developer's request for a parking variance was decided. Later, by Resolution 90-826, the Commission decided to accept the plat. However, Sergio Rodriguez, Assistant City Manager and speaking for the Administration, gave assurances to the Commission that before any variances were granted for the project, they would be brought before the Commission. On December 8, 1990, in public hearing after considering the Planning recommendation for denial, the Zoning Board, by Resolution ZB 115-90, granted the following variances by a vote of 7-0: Grant of variances from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements" and "Minimum Offstreet Parking Requirements", and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow the construction of a 70,025 sq, ft. commercial building on the site, zoned RG-3/7 General Residential, as per plans on file, providing: a) 0 of 316 required offstreet parking spaces; b 0 of 3 required offstreet loading bays; c 0' front setback (10' required); d) 0' side street yard (7.5 required); e) 8' side yard (42.9' required); f) 584 - 31,639 sq. ft. open space (644 - 34,970.21 sq. ft. required); g) 17% - 9,200.43 sq. ft. of pedestrian open space (214 - 11,474.6 sq. ft. required); and h) providing no required vision clearance at the intersection of Biscayne Blvd. and N.E. 18 Street. Page 1 of 2 /0 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT hOnmi Code The eecaon"-m:w 9 body. PZ-22-14439 01/16/24 Honorable Mayor and Members of the City Commission and subject to the following conditions: a building permit must be obtained by March 2, 1991; this grant of variance is based on plans on file dated November 7, 1990; which show 80 parking spaces on the back portion of the block; unity of title for Tract A is required before issuance of a building permit; parking spaces as per plans dated November 7, 1990, are to be provided at time of issuance of certificate of occupancy; said plans being subject to landscape plan approval; any changes to the above referenced plans for parking spaces dated November 7, 1990, are to be brought back to the Zoning Board in public hearing, said application for public hearing to be initiated and paid for by the applicant; and in the event that the applicant provides the 80 parking spaces at a location in accordance with City Code and regulations, then the applicant will be exempt from the requirement that these spaces be provided on the back portion, as per parking plans dated November 7, 1990. Attachment cc: Luis A. Prieto-Portar, Director Department of Public Works Aurelio Perez-Lugones Legislative Administrator Gloria Fox, Chief Hearing Boards Office Planning, Building & Zoning Department Page 2 of 2 92 // 0 10 PUS Lj THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ill OS RY Wire . 1 1 1 NOTICE rearnment101on or fffruld. on. PZ-22-14439 01/16/24 FVIEW CO41/40 L in AU Inrc3111 OWN 41111 p�e� ilV,��d� 11:113:1 Fi'lr-1111°- M H T R A C G4/7 raworrio lib AIN Fps I0 I ST ACT ,. AND 1.1010 It 3 .., • . ZI 11 MIK 1 zc won WNW ®ate go 4416 1,.t t. • .17i ,v ., ea 't EN mmila ilk 2 V N rt 1 • ERR Tics •a' 1 =r • • • 0 N r 4 • SPI'6c4 1 0 •• R HC-I �P\. SS\r,�a'Wier o T ier •�' 1' THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PETITION FOR VARIANCE File Number V-83- NOTICE eunryr, rerlekvishe Information al the public twering to render a PZ-22-144390^ 01 /16/24 A variance is retatasion of the terms of the ordinance where such action will not be contrary to the_ public interest and whirs, owing to conditions peasvtiar to the Property`aritnot the result of actions of the apptieatt;-literal enforcement of this ordnance nwoudd rutAt in unnecessary, and undue -hardship an the property. As usedia this: ordtnance4. a variance is authorised. only far height, aree4 size of structure,- dimensions- • of yards. arid- other °pent- spaces and offsireet parwrtg- or loading requdremenn (section non lr T caac Shih t hereby petition the. City of Miami Zoning. Boars for a variance tram me terms of the "Zoning Ordinance- of the' City of MJ m, affecting property- located at 1801-59 Biscayne Blvd. Miamias specified below. ' In support of this application, the following material is submitted with this applications X I. Two copies of a survey of the property prepared by a State of Florida Registered. Land -Surma : X 2. Four copies of: the site pion shaving (as required) property boundaries, existing Of any) and proposed structure(s), pouring, Iaredst aping, etq-buitdinq elevations - aid dimensions and computations of lot area (gross end net), building spacing, LUI ratios, and height envelope. X 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4o83, attach to application). Certified list of owners of real estate within 375 radius from the outside boundaries of property covered by this application. (Form 6-83 and attach to application.) X S. At least two photographs that show the entire property (land en.1 Improvements). 6. Other (Specify) X 7. Fee of $�_to apply toward the cost of processing, based of the following: (a) RS, RC-; tresidenti al uses) $200.00 (b) For penetration of Plane Ili by antennas and the like $500.00 (c) All other applications for each request variance $0.0 7 per sq.ft. of floor area of building(s) from the ordinance minimum - $580.00 (d) Surcharge equoi to applicable fee from (a)-(c) above, not to exceed $550.0 k to nib refunded if there is no appeal. (City Cade - Section 62-61) 91- 92 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 8. VARIANCES 1. Open Space Ratio Sched. of DR, pg 3 of 6 2. Ped. Open Space Ratio 11,474.6 sf(.21) Sched. of DR,pg 3 of 6 (.28 x .75 x GLA) memgirzuezt,- au germ PZ 22.14439 01/16/24 Required Proposed 34.970.21sf (.64) 31,639sf (.58) 9,200.43sf (.17) Yardst . Front 10' 0' . Side St 7.5' 0' Schedule of DR, pg 4 of 6 Building Spacing 42.9' Scholl. of DR, pg 4 of 6 Art. 20, Sec. 2013, b. Off Street Parking 316 Sp Sched. of DR., pg 3 of 6 Art. 20, Sec. 2017F019 11. Off Street Loading 3 Sp Art. 20, Sec. 2023 V, SJi& t.��..}}/-LQ r 4WFl81-4:6„.61v1 z00V,10o$.9.2.1 l a' 8 0' On -site 0' On -site NOTES' 1133 off -site on separate site within 600' plus additional at meters 23 on adjoining property to east 1 91. /4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT pb�b & PZ-22-14439 9. (a) The subject property, running north -south along the east side of Biscayne Blvd., is a narrow site east -west. Sidewalk on the Boulevard side is 18' in depth, with 11' on NE 18 St. and 17' on NE 19 St. Curbside parking is ample in the area. The lot, as it exists, is of insufficient depth to permit development of reasonable size without relief from requirements of yards, open space and on -site parking. Existing development in the area, and on site, has been without benefit of yards/set- backs. Generally, sidewalks in other areas are of lesser depth and an additional street setback provides for a feeling of greater openness. The width of the sidewalks adjoining the subject property afford that feeling of space without need for addi- tional setback. The building, as proposed, would follow existing setback pattern on site and for the area. Parking, not feasible on site, will be provided off -site within 600' and at meters as has been done for other previous develop- ment in the past within this district. Off-street loading will be provided on the adjoining site which is also proposed for near future development which, when completed, accommodate parking for the subject development. (b) Property size is existing with a narrow east -west dimension, with large rights -of -way on three sides (Biscayne Boulevard - 100', NE 18 St - 80' and NE 19 St - 75'), a 10' alley along the east side and with wide sidewalks - 18' on Biscayne Boulevard, 17' on NE 19 St. and 11' on NE 18 St. (c) Other CR-3 properties are generally of greater depth thereby and surrounding open space is usually of lesser dimension. The greater depth affords opportunity for development in a princi- pal structure with accessory parking structure or with parking incorporated into the principal structure. The subject site's narrow east -west dimension is not adequate for development of a workable parking structure. To provide ample on -site surface parking would greatly and unduly restrict the capability for any feasible development and would be an aesthetic disaster. (d) Other properties in the same, or other commercial districts, would be faced with the same problems as is this one if the existing condition of the site is such so as to preclude feasible development without seeking the same relief. Existing development in the district and in the area has established a pattern with which the proposed subject development will be compatible. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT per � PZ-22-14439—-n (e) Because of the narrow east -west dimension, together with require- ments of additional 10' front, 7.5' side street and a 40' - 42' building spacing requirement at the east and with certain dimen- sions prerequisite for any feasible structure parking development, there can be no reasonable use of the property without the re- quested variances. (f) Included within the general intent and purpose of the Miami Comprehensive Neighborhood Plan and of the Zoning 0rdinance.and as a requisite for assuring all of the other stated and generally accepted purposes of such Plans and Ordinances, are the needs to, ". . creaste a favorable environment in which to rear children; to stabilize and enhance property and civic values; to aid in development and redevelopment of the city; to . . protect and safeguard the eocnomic and social structure upon which the good of all depends." We can see, from the general state of the Biscayne Boulevard area, that without this stimulation of the economy and without the encouragement of quality development and feasible redevelop- ment such as the subject proposal will provide, communities stagnate and deteriorate and all of the other purposes of Plans and Ordinances cannot be realized. Granting the requested variances will make the development of the subject property possible. It, together with the proposed development of the adjoining property to the east in the near future, should be, in concert with the other upcoming area stimulants, be an impetous for a revitalization of the Boulevard and its environs. Rather than a detriment, this proposal will be a benefit to the neighborhood and to the community. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT pgr recPZ—n 22-14439 01/16/24 8. The Voriance requested is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: sEEr ,47T4' ez 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) (b) The special conditions and circumstances do not result from the actions of the petitioner in that: . S r- Arr,a,c t3'1> 91- 92 I7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT u�'Lcma� ynm ru e 2-1 tint declilon PZ-2 2-14439 01/16/24 (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner In that: (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: sere 91 - 92 /8 THIS DOCUMENT IS A SUBSTITUTION —TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 'tgaTprtlennM. Lademe OZnq ��de.�don- allI `11..1 PZ-22-14439 01/16/24 /' f (f) The grant of the variance- will be in harmony with the gelxrol intent anc purpose- of the Zoning Ordinance, and will not be -injurious to the neighborhood, or otherwise detrimental to the public welfare. Notes Alt documents, reports, studies, exhibits or other written ar graphic materfai to b+ submitted to the Zoning Board shaaa be ssbmttted with this gppitcatton. / Signature cI y _ - Owner ar Autnbnzea Agent Name. Isaac Shih Address 110 NE 18 st.. Sta 9 STATE OF FLORIDA) SS: COUNTY OF DADE ) Isaac Shih t being duly sworn, deposes, or says that he is the (Ownst) fAutharized Agent of Owner) of the reef praperty described answer to question 01, above; that he has read the foregoing answers and that the same a true and complete; and Of acting as agent for owner) that he has authority to execute th petition an behalf of the owner. 11 SWORN TO AND SUBSCRIBED before me th day of MY COMMISSION EXPIRES: NOTARY PUOLIC STATE OF Pl011104 NV MIS IOT*,,PI ES:SEPT.2r.Ira. LIC YNDIRWgtiC11p Farm t -83 (SEAL (Names Stat e , at jltrlaa at Large uWic THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT STATE OF FLORIDA) COUNTY OF DADE ) appeared AFFIDAVIT sS. Before me, the undersigned authority, this day personally Isaac Shih , who being by me first duly sworn, in accordance vidAmelines set op. b.,. aryof rt=Z'Irdi tlt1 kI g bfl SJ PZ-22-14439 01/16/24 upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and Listed on the pages attached to this affidavit and made.a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pageF attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which ne is the owner or legal representative. 4. The facts .as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscribed before me thistaphi. day of 40.6l.. J 1921_ Notary public, Stat yf Florida at Large My Commission Expires: hUfARM PUBLIC, STATE OF FLORID*, MY COMMISSION EXPIRES: SEPT, 26, 171,1, Twat/ NGTA11, PYsus won't WaIT{RIll r.1 91 92 20 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • Owner's Name Isaac Shih Mailing Address0 NE 18 St Telephone Number 372- 52o9 OWNER'S LIST Legal Description: Tract A "Chinatown" (TP#1380) 8r-C.,ots-£T6; 9- ie ii-&-42;-B±eck-6;-Miramar- f 5-J.3 Owner's Name NOTICE eannw inn seta u� LIVER o,onPZ-22-14439nn Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: 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 • 3994 N E4Av Street Address Jig- 44 NE 4 Ave Miami, F1 • 31t eJ l� ♦L sT r P1nt Re r K rsap (j Legal Description 6. 7. 10. 11 do 12 Mock 6 Miramar (5-4) Street Address Legal Description 70: d tE 96. 01 /16/24 91- 92 21 THIS DOCUMENT IS A SUBSTITUTION TO QRIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT DISCLGSURE OF G NENGHIP NOTICE PZ-22-14439�n 01/16/24 1. Legal description and street address of subject real property; 1801-59 Biscayne Boulevard; Miami, Fl Tr A "Chinatown" (TP#1380) 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties wing a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Miami Chinese Community Center Ltd - 100% Isaac Shih, General Partner - 100% (No other officers in this organization) 33$ NE 18 St., Ste 21 Miami, F1 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. ' Lots 2, 6, 7, 10, 11 & 12, Block 6, Miramar (5/4) in - `� h NE 4 Ave . ; Miami, Fl 331 LT'OrSi— OMEELOR AR Isaac Shih, General Partner STATE OF FLORIDA ) SS: COUNTY' OF DADE ) Isaac Shih. General Partner of Owner , being duly sworn, deposes and says that he is the (X ik}A(OMNI''dpAyAfor Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SNOAN TO AND SUBSCRIBED before me this 1.50 et day of Arejact MDR CaMMISSI t EMPIRES: h0TARY PUBLIC. STATE OF FLORIDA. My COMM+SSiOA EAP;REs! $EPT.16, 1893. •OMPAa tn.Y KOTAA, PLAuG YM1O01N0071 4.41 t4tary , to Florida at Large (SEAL) 992 22 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN STATE OF FLORIDA ) SS: COUNTY OF DADE ) Isaac Shih , being duly sworn, deposes and says that he is the duly appointed Ueneiai Partner of , the owner of the real property described in answer to question #1, 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 form on behalf bf the owner. SWORN 10 AND SUBSCRIBED before me this A. day of MY COMMISSION EXPIRES: 41,ranr }URLIC, STATE OF FLORIDA, L%FIRINISIFT. abte93. , _ *NRY NOTARY PUUUC NNORIONA%T*Rf. c rwpc/ab/025 ;Votary Public, Sta Florida at Large (SEAL) 91. u�'Lcma� �ynmiru e 2-1 tint declilon PZ-2 2-14439 01/16/24 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT* J-91-756 10 /2 4/91 RESOLUTION NO. A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, WHICH HAD GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ELIMINATING THE REQUIREMENT THAT THE APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTEE THAT THE REQUIRED PARKING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED; FURTHER BY ACCEPTING IN LIEU OF SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY; FURTHER BY CHANGING THE REQUIRED DATE BY WHICH CONSTRUCTION OF PHASE II SHALL BE COMMENCED FROM THREE YEARS FOLLOWING THE DATE OF ADOPTION OF RESOLUTION NO. 91-92 TO THREE YEARS FOLLOWING THE DATE OF ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECT; FURTHER BY WAIVING THE REQUIREMENT THAT ALL MORTGAGEES JOIN IN THE COVENANT REQUIRED OF THE APPLICANT; FURTHER CONDITIONED UPON THE CITY ADMINISTRATION AND THE CITY ATTORNEY PROVIDING ASSURANCES TO THE CITY COMMISSION THAT, BY BEING PLACED IN SAID POSITION OF MORTGAGEE, THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000. This submtta neeesto be schedules fora pudic he.ing cordanrewirtmelirea set forth inthe Otvor .. Crde_Tha applirada tleciclon making body Hill renew Ne inbnnaenn ar the ryenc hearingto rentler a rKommendaeon or a snot eer.idon. PZ-22-14439 01/16/24 WHEREAS, the City Commission at its meeting of January 24, 1991, adopted Resolution No. 91-92 granting a variance from tiWi.w .td CITY COMMISSION MEETING OF OCT 24 1991 94.-- 779 IL THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE in accordance witb trnehnee set forth pu blicof PZ-22-14439 01/16/24 ]EW Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, as set forth in said Resolution a copy of which is attached hereto as Exhibit "A"; and WHEREAS, said variance was granted subject to certain conditions set forth in said Resolution; and WHEREAS, the applicant requests relief from the requirement that a performance bond or letter of credit in the amount of $250,000.00 be posted, valid for a period of three years following the date of the adoption of Resolution No. 91-92; and WHEREAS, the applicant requests, in lieu of said bond/letter of credit requirement, that the City be placed in a position of mortgagee with respect to both the Biscayne Boulevard property and the Northeast 4th Avenue property; and WHEREAS, the applicant requests that the required date by which construction of the second phase of the project shall be commenced be changed from three years following the date of adoption of Resolution No. 91-92 to three years following the date of issuance of a final Certificate of Occupancy for the first phase of the project; and WHEREAS, the City Commission, after careful consideration of this matter agrees to grant the applicant's requests and to amend Resolution No. 91-92 subject to certain conditions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -2- 9 a 779 '5 Q THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN This subrrihal needs b ...du lee bra pub4c nearing in accertlance with timeLines rym Miami Cade. The appliwtle dea5 sion-making tea*. reviewilie Inlarinnon at the roam hearing to render recommeMatl nor a firla L decision. PZ-22-14439 01/16/24 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 91-92, adopted January 24, 1991, is hereby amended in the following particulars:- 1/ "Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 58%/31,639 square feet open space (64%/34,970.21 square feet required); 17%/9,200.43 square feet of pedestrian open space (21%/11,474.6 square feet required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -3- T1iIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT in Ins submMa needs to be scheduled for a Walla nearing accordance wen timelines set forth ry the Cityof elerei Code. The applicable decision -making body will Newihe Information al the public hearing to render recommendation or a final decicon. PZ-22-14439 (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney waiving, however, the requirement that all mortgagees join in said covenant, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the City being placed in a position of mortgagee with respect to both the Biscayne Boulevard property and the Northeast 4th Avenue property for an amount not less than $250,000 the applicant potting a performance bond or latter of credit in the amount of $250,000.00 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced, said construction to commence within three years following the date of issuance of a final Certificate of Occupancy for the first phase of the project; said Amendment to Variance being further conditioned upon the City Administration and the City Attorney providing assurances to the City Commission that by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000 and upon receipt by the City -4- /16/24 9:1-.. 779 tat THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN Attorney of the following documents pertaining to both the Biscayne Boulevard Property and, the Northeast 4th Avenue propert: (a) a current appraisal; (b) opinion of ti tie; (c) copy of current title insurance policy, all in a form acceptable to the City Attorney; and (d) such other matters as max be required by the Administration aria the City Attorney." Section 3. This Resolution shall become effective NOTICE This submtlal needs. be schemed bra pubic bearing In accordance with timelinset firth In the Clty of d Warn Cale. The appals. ecism-makingbody. review the InMnnaton at the pubic bearing. render a recontrnenaafi on or a final aeon. PZ-22-14439 01/16/24 immediately upon its adoption. PASSED AND ADOPTED this 24th ATTES MAT Y HIRAI CITY CLERK PREPARED AND APPROVED ato,,kaitek BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: fA TORRNNNYS I IMA/lb/gmb 2489 -5- day of October 1991. XAVIER .UAREZ, AYOR 91- 779 A R 1 9— 9 1 J-91-57(e) 1/24/91 :6 3 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT RESOLUTION NO. 4 i - 92 A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING REQUIREMENTS," AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9' REQUIRED); 581/31,639 SQUARE FEET OPEN SPACE (641/34,970.21 SQUARE FEET REQUIRED); 171/9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (211/11,474.6 SQUARE FEET REQUIRED); AND ELIMINATING THE REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 18TH STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT NO. 1380 - "CHINATOWN", AS PER PLANS ON FILE DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON THE FOLLOWING: (1) THE 80 PARKING SPACES (AS INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS PER PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF THE BLOCK; (5) SAID PLAN MUST RECEIVE LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; (6) ANY REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN FOR PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7) A COVENANT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE PROPERTY WILL BE SUBJECT TO THE HEREIN LISTED CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA; SAID VARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE PATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED. 91- 779 NOTICE o =ea9 PZ-22.14439 CITY COPII.MSION 1417. ,.:... -, T OF N 24 1991 9I- 92 , AP1•'�- 1 9-9 1 SAT6 : 1s2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE ,e �a",9 raoPZ-22-14439 01/16/24 WHEREAS, the Miami Zoning Board at its meeting December 3, 1990, Item No. 2, duly adopted Resolution 20 115-90 by a six to taro (6-0) vote granting a variance as hereinafter set forth; and WHEREAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the variance; and WHEREAS, the City Commission, after careful consideration of this matter finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, 8E IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA1 'Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open space Requirements", and "Minimum Offetreet Perking Requirements," and Article 20, Section 2008, Subsection 2000.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing taro (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 58S/31,639 square feet open space (641/34,970.21 square feet required); 174/9,200.43 square feet of pedestrian open space (214/11,474.6 square feet i 9-9 L Spit 6: 33 111 REVIEW CO required); and eliminating the required vision clearance at intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE "omm PZ-22-14439m 01/16/24 as per plane on file dated November 7, 1990, Is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the followings (1) the 80 parking spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be Bold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Coda provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the applicant posting e performance bond or letter of credit in the amount of $250,000.00 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and Chet the construction of the second phase of the iicent'P project will be commenced. P 9-91 SATi6 :33 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Section 3. This Resolution immediately upon its adoption. ATT shell become NOTICE m cno a Ki�ew� �mmwtl9 PZ-22-14439 effective PASSED ANb ADOPTED this 24th day of January , 1991. HIRAI CITY CLERK PREPARED AND APPROVED BY: 6 »1. a. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i J•-GE E. RN C Y ATTOR EY GMM/rma/1b/M1974 XAVIER L. S AREZ, OR cct A. Quinn Jones, III, City Attorney Matty Hiraillity Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Guillermo E. Olmedillo, Deputy Directo� Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih IrC ,43I01.4(.sC+ Gar PZ-22-14439 01/16/24 w q)-aa aq1-7-79 NOTICE This submittal needs to be scheaulee for a pubuc hearing coraance with timelines set forth in the City of Miami Cotle.The applira tie tlecision-making bcdywill rewewte infonnaton at the public hearing to render a rsommendatlon or a final Jeciaon. it400J.DDD Ji0! THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT HIS DOCUMENT IS A SUBSTITUTION 9 ORIGINAL. BACKUP ORIGINAL CAN SEEN AT THE END OF THIS DOCUMENT TO FROM : CITY OP MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Sergio Rodriguez Assistant City Manager Irma M. Abella Assistant City Attorney 410 NOTICE Thls su brnRtalneetlsto h schaiuletl bra pubUc hearing lcoraanre ap II!: a dssetform Inthe CItyW Mlaml Lotle.,Teappll[abe pubUc hsri thotly•rIL reNew the Inbonatlon at the public hearing to rcntl er a m ora Wool aedaon. PZ-22-14439 DATE January 14, 1992 FILE. A-91-73a SUBJECT Amendment to Chinatown Variance Resolution Nos. 91-92 and 91-77'. REFERENCES ENCLOSURES. As you well know, the Amendment to the Chinatown Variance granted by the City Commission on the above -referenced matter at its meeting of October 24, 1991, was conditioned upon the following: 1. That the City be provided assurances that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000; and 2. That the applicant proffer a covenant, in a form acceptable to the City Attorney, guaranteeing the occurrence of all other conditions enumerated in Resolution No. 91-92, as amended by Resolution No. 91-779, upon which this Variance is contingent. To this date, we have not received either (a) assurances that. the City is guaranteed an equity in excess of $250,000 or (b) an executed covenant meeting the City Attorney's approval. Enclosed are copies of my letters to Gary Brown, attorney for the applicant, dated October 31, 1991 and December 13, 1991, and Mr. Brown's reply letters dated November 5, 1991 and December 26, 1991. I wish to remind you that, pursuant to Section 2105.2 of Ordinance 11000, the applicant has 180 days from the date this amendment to the Variance was granted, that is until April 21, 1992, to pull a building permit under Ordinance No. 9500. Any building permits pulled after said date will have to comply with the provisions of Ordinance No. 11000. THIS DOCUMENT IS A SUBSTITUTION 0 ORIGINAL. BACKUP ORIGINAL CAN E SEEN AT THE END OF THIS DOCUMENT Sergio Rodriguez January 14, 1992 Page 2 NOTICE Thlc aawalneetlsmmzM1etletIfora ecbearing In arcprd an[e wlN tlmellnee setiMM1ln the CINm Mlamicote. Theappllre de tlaision-making br wll rewewM recom end or public M1eed.4orentl era mentlauon orannai aedaon. PZ-22-14439 01/16/24 Please advise how you suggest we should proceed regarding this matter. IMA/lb/P726 cct A. Quinn Jones, /II, City Attorney Matty Hirai, City Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih 11i THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN fit# ttf jrQ nti BE SEEN AT THE END OF THIS DOCUMENT A. QL INN JONES, 111 City Attorney Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: October 31, 1991 Amendment to Chinatown variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No.i A-91-734 (305): 579.6/00, Tetecopier: 13051 579-3399 G 0 PUB&/c NOTICE This subrrilikneeels ache.. for a put. hearing rcommines wim amines see forth In the city of Mlami Cale. The appela Cle tleosion-mating hotly will re Newtlte Inbnnatbn at the puh,c nearing to fender a rec-.mmentletlon mrefinal decleon. PZ-22-14439 01 /16/24 Dear Mr. Brown: With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of. mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equityin excess of the $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 I EW Q Gary Brown, Esquire October 31, 1991 Page 2 4. THIS DOCUMENT IS A SUBSTITUTION,. TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT If you have any questions, do not hesitate to call me. Sincerely, • / Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. Planning, Guillermo Planning, McManus, Asst. Director Building and Zoning E. Olmedillo, Deputy Director Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James_J. Kay, Asst. Director Public Works Department G. ` Miriam Maer Chief Assistant Joel E. Maxwell Chief Assistant Mr. Isaac Shih IDlssubmRtal needs. be scberMed for a public bearing In record mace wiU tlmelina set forib in the City dr Mlemi Code. The emptier., dedeon-ma beg body mane review Mcinioimeaon al the public beeped m render a nconmsendaeomere anal decision. City Attorney City Attorney IS DOCUMENT IS A SUBSTITUTION 1 ORIGINAL. BACKUP ORIGINAL CAN SEEN AT THE" END OF THIS DOCUMENT A, QUINN JONES, 1I1 City Attorney City. of �ittmi December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 • Re: Amendment to Chinatown Variance Resolution No. 91-92 Our File No. A-91-734 NOTICE Thssubmma needs t, to scbedu lee for pub hearing In accordance a...mimes Imes settorih n the City of Warn Thede e Boohoo tle decision-maltingbody teal ren wTe deformation at the pubfo M1®rng to render a (305). 579.6700 Telecopier:(105)599.3399 Dear Mr. Brown: By your letter of November 5, 1991 on the above -referenced matter, of which I enclose a copy, you advised me that you would provide us with the pertinent mortgagee estoppel letter and title insurance commitment within two weeks of said letter, that is, by November 19, 1991. As of this date, we have not received said documents, nor, for that matter, any of the documents made reference to in my letter to you dated October 31, 1991, of which I also enclose a copy. Please bear in mind that the Amendment to the variance granted by the City Commission at its meeting of October 24, 1991 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 .. THIS DOCUMENT IS A SUBSTITUTION O ORIGINAL. BACKUP ORIGINAL CAN r ‘ItE SEEN AT THE END OF THIS DOCUMENT Gary Brown, Esquire December 13, 1991 Page 2 was conditioned upon our receipt of said documents. 'any questions, do not hesitate to call me. Sincerely, IMA/lb/P706 CC: If NOTICE This submttal needs to be scheduled fora public hearng in ccoolance will timelines set todh in the City of Miami Code The applicable decision•ma king body will renewthelnbimation m the public hearing to render recommendation or a foal decld on. PZ-22-14439 01/16/24 you have Irma M. Abella Assistant City Attorney A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. Planning, Guillermo Planning, McManus, Asst. Director Building and Zoning E. Olmedillo, Deputy Director Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel B. Maxwell Chief Assistant City Attorney Mr. Isaac Shih 1 r• t1 L_ IJ use.AtL ettZOw GAO. A AOPN ALAI., v •.(.N A,LA•d .+I :sLASER GAPY BPOWN PESECCA S woNL. rabpt z$ A stoO FHtS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUME 13t nzow, tonr , KAN & GLASER. P.A. ATI )UNI•:V s AT LAW PENTI•IOLISE SURE NO,/ BISCAYNE 80111 tvARO PO sox et • 9002 MIALt1. FLORIDA :1:11ttt•INMII.2 Irma M. Abeiia, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 November 5, 1991 NOTICE This euteritat needs ho teenage.] fora nubile hearing In accordance with gelatines set forth In the city of Miami Coble. The applicable decision -reeking body will rodeos Me l rdormadon at the public hearing to rendesa recommended on or aural deciaon. TELEPPIONE 13O61 eos•252O (30S1 523 e00t (BfaQWARO) TELECOPIEP 13051 eos •..121 Re: Amendment to•Chinatown Variance, Resolution No. 91- 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: I am in receipt of your correspondence of October 31, 1991. It is my understanding that Miami Chinese Community Center, Ltd. has delivered to Joel Maxwell of your office an original appraisal of the sub3ect property. We will be providing your office with current estoppel letters from all mortgage holders evidencing the present outstanding principal balance on each of the mortgages, together with a Mortgagee Title Insurance Commitment. i would expect to have the mortgagee estoppel letters and title insurance commitment to you within the next two weeks. Thank you. Ver, 'ru1v yducs><./ / GARY L . ' BROWN For The Firm GLB/rr cc: Miami Chinese Community, Ltd. Attention: Mr. Isaac Shih yET MICHAEL BEDZOW GARY A. KORN ALAN J. KAN ALLAN M. GLASER GAI Y L. BROWN REBECCA S.WOHL ALAN IS SCHNEIDER Bow, KORN', KAN 8c GLASL-A, p.A. ATTORNEYS AT LAW PENTHOUSE Suitt 1107'1ti SISCAVNE BOULEVARD P.O. BOX 6I.9002 MIAMI, FLORIDA 00101-0002 December 26, 1991 Irma M. Abelia, Esq. Assistant City Attorney City of Miami Office of the City Attorney Dupont Plaza Center, Suite 300 300 Biscayne Boulevard Way Miami, Florida 33131 Re: Amendment to Chinatown Variance Resolution No. 91-92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abelia: NOTICE This submittal needs to be ahaiu led bra gubUc hearing coraance with II!2 a eec Ion-m Inthe city of Mlamlcde.cTe appllratb pubijc herir.Jtbody BAIL reNew the Inbnnation at the pu bGc hearing to rentl ev a .a manaaeon Bra Wool a�riaon. �PZ-22-14439 01/16/24 TELEPHONE 13051 SOS•2520 (3OS) S23.8OOi (SPOWARD) TELECOPIER (3OSI BDS • 1421 Thank you for your letter of December 13, 1991. Due to the year end crunch of title work, we do not yet have the Mortgagee Commitment. As soon as we have the Mortgagee Commitment, I will forward same together with mortgage estoppel letters to you for review and approval. Thank you. GLB/rr cc: Miami Chinese Community Center, Ltd. xbr000520 For The Firm THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT i L 1 L. 1. .4 . L..-. 1.1 £' E F T '.A Miami 01m:ae CoM urit•ty Ctir;tec, Ltd, 1921 Biscayne Qt'u:rvsrd Aulte 14 tdta�ntr Flortdo 91t32 October 9, 1491 Vt.�l..�'►.t'1tX1►NU.F;ciU1l1R,trL�iL (979i319') stma M. Ahw11u, 4�rsq. Aysiatant City Attorney City of Miami Pot nMqueat for Amendment of Conditions of voiriou8 RomOlution No. 91-92 Drat lie. Ahe11$, Plearue be advised that the undersigned wishes to proffer in lies 'f Certain chrilltiOAS of Resolution No. 91,92 the following items: 1. to lieu of the requirement that a unity 'of titin be provlled for Tract A prior to the 193uance of a buckling permit, whereby the Northeast Fourth Avenue pcopetty shall not be vv1.1 separately from the Alscayne Boulevard property, we offer cam, plane a deed restriction on the Northeast toucth Avenue property, in a fotin acceptobie to the City .Aherne,/, guarantying that the FMparking apace*, .a. indteated on pills on fil• dated November 7, 199U, snail he provided w:thfn the same trims• frame as in Resolution No. 91-92; 2. In 1190 of the requtcement that a performance b•.•nd c•e Utter of. Credit be posted in the tcltount of $250,000.00 to quarInty that the regvtc.id parking Vial be provided and that the commencement of the second phase of the p(ojeat will cor►vtor.ct , we offer that the City be placed as a Mortgage hotdec with respect to both the Biscayne eouleverd property and the Northeast Fourth Avenue property, and 12 mh:�emiaai neees ea x��nea��ea mra p�ed� neanny ¢ordan[e wiN rcmelines se[tortM1 In [M cltyH Mami Ccde.meapplirade eecisic erFingbaly will reMewNe In}ortnatlon al IM1e putllc M1earhq to render a rsvnrnendation orafnaldecision. PZ-22-14439 01/16/24 3, That the time period tor Commencement for constc4ct:on of Purse XI will be three yearn from the Oat, at tesuarte of .0 final Certificate 'of Occupancy ter Phaoa i. rhank you. Very tt y yours,• Miami ;Chinese Community Center, ►.c•!. By: Xseac Shin THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THW END OF THIS DOCUMENT 91- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT of 141iiian* IORCE L. FERNANDEZ City Attorney October 8, 1991 Mr. Isaac Shih Miami Chinese Community Center, Ltd. Miami Chinatown Development Corp. 331 N.E. 18th Street Miami, Florida 33132 Re: .Request for Amendment of 'Conditions of Variance Resolution No. 91-92 Dear Mr. Shih: sells suisrottat needs mtesched.t.dtot ams acotrearee M. emotes. setter. Cede i1e appen tle osson9 bodyMN reelew to pubs hearinoto render renonreendatotnora eraieeu®on. PZ-22-14439 01/16/24 105, 5'9.6700 Tete( oilier . 305, 3"4.4' l0 We have received your letter of Wednesday, October 2, 1991, asking for a continuance from the City Commission meeting of October 3, 1991, to the City Commission meeting of October 24, 1991, of your request for an amendment of the conditions of the variance granted by the City Commission by Resolution No. 91-92, adopted January 24, 1991. In order that we may properly advertise and place this item on the agenda for consideration by the City Commission, I must receive a letter from you, by return facsimile transmission, no later than the close of bus: ass, on Wednesday, October 11, 1991, specifying the conditions wh.`ci1, as you stated at the meeting you attended on September 30, 1991 with Sergio Rodriguez, Assistant City Manager, and various other members of the Planning, Building and Zoning Department and the City Attorney's Office, you wish to proffer in lieu of certain conditions of Resolution No. 91-92 which you wish to be relieved of. In my recollection, the conditions you offered to proffer at the said September 30, 1991 meeting are: 1. In lieu of the requirement that a Unity of Title be provided for Tract A prior to the issuance of a building permit, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, you offered to place a deed restriction on the Northeast 4th Avenue property, in a form acceptable to the City Attorney, guaranteeing that the 80 parking spaces, as indicated on plans on file dated November 7, 1990, shall be provided within the same time frame as in Resolution No. 91-92; and 91 779 OFFICE OF THE CITY ATTORNEY/lino AmeriFirst Building/One Southeast Third Avenue/Miami. Florida 33131 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Mr. Isaac Shih October 8, 1991 Page 2 Thla submittal needs to Ix scnebulen for a public nearing In accordance welttlrnmellnes set forth In the City of Hord) Cole. The applicable 01.5bn-making hotly will redouble Information at the pubic nearing to render a remmmengenn or aloe ldecl9 on. 3. In lieu of the requirement that a performance bond or letter of credit be posted in the amount of $250,000.00 to guarantee that the required parking will be provided and that the construction of the second phase of the project will commence, you offered that the City be placed in a position no less than that of second mortgagee with respect to both the Biscayne Boulevard property and the Northeast 4th Avenue property. Also discussed at the said September 30, 1991 meeting were the various documents which must be provided for the City Attorney's review pertaining to the proffered deed restriction and second mortgage. Enclosed is a copy of my memorandum to Sergio Rodriguez, dated September 30, 1991, listing the various documents required. With regard to the proposed deed restriction, I suggest that you ask your attorney to prepare a draft document for our review prior to the October 24, 1991 City Commission meeting. If you have any questions, do not hesitate to call me. IMA/lb/P641 cc: Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Sincerely, k ht. at& Irma M. Abella Assistant City Attorney 91- 779 3 4.4 CI 1, 1 :- L r l., Sergi° Rodriguez hesistant City Manager A.. >)1. (�,�(1A., Irma M. Abslla Assistant City Attorney D E P t ter vtfr,'i INTtFt•OFFICF MEMORAI$6 3 September 30 Chinatown Varianc4 'Pak "0 Yin /MO A-•00-903 Pursuant to the meeting held this date, with the applicant, Mr. Isaac shih, you, and various other members of the Planning, Building And Zoning Department and the City Attorney's Office, I wish to memorialize the various alternatives discussed with Mr. Shih regarding the requested amendment to the variance granted the applicant by Resolution No. 91-92 which would satisfy the Commission's original intent concerning said Resolution's requirements: 1. In lieu of the requirement that a Unity of Title be provided for Tract A prior to the issuance of a building permit, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, we recommend the acceptance of the placement of a deed restriction on the Northeast 4th Avenue property, in a form acceptable to the City Attorney, which guarantees that the 80 parking spaces, as indicated on plans on file dated November 7, 1990, shall be provided within the same time frame as in Resolution No. 91-92. 2. The following documents pertaining to the proposed deed restriction must be provided for the City Attorney's review prior to the October 3, 1991 City Commission meetings an Opinion of Title, dated the week of September 30, 1991, in a form acceptable to the City Attorney, for both the Biscayne Boulevard property and the Northeast 4th Avenue property; and copies of all mortgages encumbering the Northeast 4th Avenue property. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 91- 779 i/ PUBCiC 0 a. r E P. - T t - •c• 1 t•t 1_I t ! 1 S : c '? L_ N 14 Li E F' 1 TB HIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN E SEEN AT THE END OF THIS DOCUMENT Sergi° 'Rodriguez September 30, 1991 R� Page 2 3. in lieu of the requirement that the applicant post a pertOrmance bond or letter of credit in the amount of $250,000.00 to guarantee that the required parking will be provided and that the construction of the ;second phase of the applicant's project will commence, we recommend that the City's mortgage position be no leas than that of second mortgagee with respect to both the Biscayne Boulevard property and the Northeast 4th Avenue property. 4. The following documents pertaining to any such second mortgage in addition to those documents outlined in 2(a) and 2(b) above, must be provided for the City Attorney's review prior to the October 3, 1991 City r Commission meeting: �y= NOTICE This' submittal needs to be scheduled for a public nearing in accordance with ti relines set fah in the City of Miami Cade. The applicable decision-makng bads, will reNew the Information at the public hearing to render a recommendation or a final deciaon. PZ-22-14439 s� 01/16/24 wtS�� EW CO a) current appraisals, prepared by a MAT appraiser, for both the Biscayne Boulevard and the Northeast 4th Avenue properties; b) copies of all mortgages encumbering the Biscayne Boulevard property; and c) copies of the title insurance policies currently in effect for both the Biscayne Boulevard and the Northeast 4th Avenue properties. 5. Applicant shall provide, within 15 days from the date the proposed amendment to the variance becomes effective, an executed covenant whereby the applicant agrees that the Biscayne Boulevard property and the Northeast 4th Avenue property will be subject to the conditions.of the variance, in a form acceptable to the City Attorney, and joinders from all mortgagees. In addition to the documents discussed at this meeting and made reference to in Paragraphs 2, 4 and 5 above, the applicant must also provide, within fifteen (15) days from the date the proposed amendment to the variance becomes effective, a commitment to issue title insurance policies naming the City as Additional insured for both the Biscayne Boulevard property and the Northeast 4th Avenue property, subject only to those exceptions and encumbrances acceptable to the City Attorney. The applicant shall be responsible for the payment of all fees associated with obtaining and recording all the required documents. 91- 779 G.I r r r r 1 1 : i L .-i tJ tr E F T THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN Setcg ib Etodt i9u BE SEEN AT THE END OF THIS DOCUMENT September 10, 1991 Page 3 NOTICE Thisvbmrttameedsfo be scnenuiee for pueuc nearnq rcoreance wit emends se, forth t me My of Karr C 1e.The appka. dedsiorrmak cdywill renew MeinbRnatlon m the pubic bearing to render recommendation or a noel aecidon. PZ-22-14439 01/16/2 �Q We will be glad to wotk with you to consider any other alternatives which may be suggested regarding this matter. 1'MA/lb/bee/P640 cc: A. Quinn Jones, ITt, Acting City Attorney ouillermo E. Olmedillo, Deputy Director Planning, Building & Zoning G. Miriam Meer, Chief Asst. City Attorney Joel E. Maxwell, Chief Asst. City Attorney 91- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT MIAMiP:art 91 OCT -2` PM 5: 25 Miami Chinese Community Center, 1.4d.• 331 N.B. leth'Street Miami, Florida 33132 October 2, ,1991.. VIA TELEFAX AND REGULAR MAIL (579-33990 Joel Maxwell, Esq. Assistant City Attorney - City of Miami Office of the City Attorney 100 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 Re: Miami Chinese Community Center, Ltd. Your File No.: A-90-953 Dear Mr. Maxwell: NOTICE Please be advised that.we wish for a continuance of the Chinatown ;.._.— matter • which .. has .been .set. on .the Commission agenda for the October 3, 1991:..City.-Commission meeting. -.We request a continuance in order to `Or obtein'additional=Zfavts to:.present to the City Com ission so that they •. 'ai11 bave.:aufficient"_knowledge -with which to render a decision with regard: -to :our :pending requests. In addition, we request that the Commission modify the requirement for the time to commence construction of Phase II, to be three years from the date of issuance of a final certificate of.occupancy for Phase I. We request that our matters be rescheduled to the Commission for .:October 24, 1991. Thank you. (CC: Mr. G. Olmedillo - Planning Dept. Very truly yours, Miami Cc By: inese Community Center, Ltd. Isaacre? THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Mall Miami Chlnsu Community Cnntrr, Ltd. Sept. 11. 1991 Thp City �f Miami. r'it'. Manager ' 0 Fan Ameri n Drive, Miami. F1 3:1113 . r•Ar.tlp'nen: p PUBLic NOTICE Thls submRtal reads to be scheduled fora public hearing In accordance,. timelines set forth n the City of Miami Code . The aciaikabble tlecbign-maNing body rnll reglewtbeinfomaadon at the pubic hearing to render a mme..goo or a finaldecieon. PZ-22-14439 VIEW CO' Re: Rpnuest for Amendment to Resolution 91-92. entered January 24. 1991 This letter shall serve as our request to amend Resolution 91-92. entered January 24, 1991, in the following respects: 1 Clarify the Declaration of Restrictive Covenants ("Declaration"), to provide that the mortgage holders consent to the Declaration of Restrictive Covenants not be required. This modification is necessary due to the fact that the Declaration contains a unity of title. The mortgage holders have objected to the unity of title set forth in the Declaration in that each one of the five mortgage holder's mortgages encumbers different pieces of the real property which applicant owns. Attorneys for the objecting mortgage holders have stated that it is not possible for a mortgage holder to agree that such mortgage holder will unify the title to the entire property owned by the applicant. They have stated that each mortgage holdermust have the ability to foreclose its mortgage and obtain title to the' portion of the real property on which they have a mortgage. By joining into the Declaration the; are under the belief that no individual mortgage holder will he .able to obtain title to the property which their mortgage encumbers. TM.: (303) 3724200 NNW DMuL s Development CM. 331 M.E. 105 Strut, Mama, Raids 33132. USA (305) 3734256 ..../Page i 91- 779 Fa: (305) 5T/4161 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Png Cppt ! ' 1 n91 The City of Miami. City Manager. AAA etz 111* •• 424.'4 Miami Chine Commodity Center, lid. Thla...al nea%to be scheduled fora public hearing in accordance,. ti self ..the Cf/of Miami Code_Mae amain, hie ...ion -making body will � M aeon M1 public hearing torender a rhcortru eon Id sio PZ-22-14439 .applicant believes that its covenants set forth in the Declaration. which provide that no final certificate of occupancy for the proposed improvements shall be issued until such time as automobile parking for no less than 80 automobiles has been provided as per plans on file with the City of Miami dated November 1. 1990. together with the further assurances set forth in the Declaration provide adequate assurance that the proposed improvements will be constructed in accordance with the terms and conditions as agreed to by the City and applicant. 2. Provide that. in liE.0 performance bond or letter of credit, that the applicant deliver to the City the deed for the real property described in Exhibit "A" attached hereto. to be held in the City's escrow account for a period of three years. unless released by the City Commission. Applicant believes that the escrow so established. together with the covenants of applicant contained in the. Declaration provide adequate assurance to the City that the property will be developed in accord- ance with the terms and conditions agreed to by the City and applicant. • Based upon the foregoing. applicant requests that the City Commission. at public hearing. amend Rese4ution 91-92. as requested herein. Thank you for your kind consideration. Very truly y rs. Isaac Shih cc: Gloria Fox, Plann)4iig. Building & Zoning Department TM.: (306) 3724206 Nog CM.rr Dust Cup. 331 M.E. 111h Strut, Mani, Rends 33132, USA (306) 3754250 91- )fl9 Fax: (306) 57741111 auel TEL 212-601-331. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 424 BROADWAY CONDOMINIUM UNIT DEED iFf:1170rt 1250 THIS INDENTURE, made the 11th ciao of December,,1986 by and between ISAAC and JOAN SHIM, 3806 Bailey Avenue, Bronx, New York (Grantor) grid ISAAC and JOAN SHIN husband and wife (having an officelresidine at) 3806 Bailey Avenue, Bronx, New York, (hereinafter referred to as the "Grantee"). That Dollars and does hereby or auCcesso WITNFSSET P the Grantor, in consideration of Ten ($10.00) other valuable consideration paid by the Grantee, trent and release unto the Grantee. and the heirs re and assigns of the C;rantea. forever: The Condominium Unit (hereinafter referred to as the "Unit") known as Unit No. 1 in the building (hereinafter referred to se the "Building") known as 424 Broadway Condominium and by the street number 424*426 Broadway, County of New York and State of New York, maid Unit heing diaignated and described and described as Unit No. 3 in a certain declaration dated November 13, 1086, made by Grantor pursuant Article 9.8 of the Real Property Law of the State of New York (hereinafter referred to as the "Condominium Act"), astahliahing a plan for condominium ownership of the Building and the land (hereinafter referred to as the "Land") upon which the Building is situated (which Land is more Particularly described in Schedule A annexed hereto and by this reference made A dart rereoir, which declaration was raro riled in the Office of the City Regiotar of New York County on December 10, 1986, in i / Reel We, page d�Jwhich declaration and amendments V thereto arm head -Hefter collectively referred to es the "Declaration"). This Unit is also designated as Tax Lot 1001 in Block 209 of Section 1 of the City of New York on the Tax Map of the Real Property Assessment Department of the County of New York and on the Floor Plana of the Building, certified by ualter Lavi and Associates, Architects, on -November 26. 1986, end filed with the Rea] Property Assessment Department of New York on December 9, 1986, as Condominium Plan No.'373 and also filed in the Office of the City Register of. New York County on December 10, 1986, as Condominium Plan No. 373: NOTICE mis soemmameeos m tesasma msa paouc nnpre tt the � ym eMew. imm�rratu at the pulAc Maing to rentler'a PZ-22-14439 01/16/24 91.... 779 17:0E 0000 PHOIIVIRiALTY _ TEL 212..-.-60r...1-33 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN ..8E SUN ALTFl r p, OF THIS DOCUMENT SCHEDULE 'A' CONTINUED PARCEL NOTICE This in accordance ve.h I e[forth in ea natl. the Cihearing MNex Jo ,The ppl bltl ma1 gbetlJe . cemme^aano^o afinal tecdon. 11.70vt lb/ ALL that certain lot, piece or parcel of land. situate, lying and bring in the Borough of Manhattan, City, County are. Sate :' New York, bounded and described as follows: BEGINNING at a point on the Easterly side of Broadway distant Northerly 62 fet 1 inch from the Northeasterly corner of Broadway and Canal Street; RUNNING THENCE Easterly at right angles or nearly so to Broadway, 9$ feet 4 inch*:;• THENCE Nortberiy and parallel with Broadway or nearly so, 25 feet; THENCE Westerly and at right angles to Broadway or nearly so, 98 feet, 1.1/2 inches to the said Easterly side or line of, Broadway; and THENCE Southerly and along same 24 feet 10 inches to the point or place of BEGINNING, be the said several idimensions more or less. TOGETHER with all right, .title and interest, in and. to the Northerly portion of the building standing on above described premises and on the premises adjoining on the North; said Northerly portion.of said building being erected on land leased by Elizabeth Clarkson Jay to Elias S. Higgins, by lease dated May 1, 1868 and recorded in the Office of the Register of the County of New York, on July 1, 1868 and recorded in the Office of the Register of the County of New York, on July 1, 1868 in Liber 1064 Cp. 459. BEING the same premises which were conveyed to Elias S. Higgins by Philo T. Ruggles, referee, by deed date May 12, 1868 and recorded May 12, 1868 in Liber 1050 Cp. 505. • continued • 91-- 779 g it PAACtl THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT SCB>DULE 'A' CONTINUED v!i 1170N I . ALL that certain lot, piece or parcel of land, situate. lying and being in the Borough of Manhattan. City, County and State of New York, now known as 426 Broadway, 1n said Borough, being 25 feet in width in front and rear and 100 feet in depth, be the same more or less and which lot, piece or parcel of land was in end by a certain lease thereof dated the 1st of May, 1868 made by Elizabeth Clarkson Jay to Elias S. Higgins, bounded tnd described as follows: ALL that cerettn lot or parcel of land until lately in the occupation of Cornelius McLean of James M. McLean and bounded Westerly in front by Broadway, Southerly'by a lot of land of Elias S. Higgins until lately in the occupation of said Cornelius McLean or James McLean, Northerly by a line parallel to Howard Street and distant therefrom 50.feet and in the rear, Easterly by a line paratle! with Broadway and distant therefrom 100 feet, the said lot hereby demised being 25 feet in width and 100 feet in length, be the same more or less. TOGETHER with all the right, title and interest in and to any strips or gores of land embraced within or adjoining the above described premises or any part thereof. Premises known as 424-426 Broadway, lamptplop,Illopepimpol, Manhattan, • II PZ -22.14439 01/16/24 91_ 779 A Together with an undivided 7.57 interest in the Common Elements (as such term is defined in the Declaration): THIS DOCUMENT IS A SUBSTITUTION COORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Together with the aenurtenences and all the estate end rights of the Grantor in and to the Unit; Together with, and subject to, the rights, ohlims- tions, easements, restrictions and other nrovielons set forth in the Declaration and the By -Laws of 424 Broadway Condominium, as the same may be amended from time to time .!hereinafter referred to as the "Bv•Lawa"), alI of which shall constitute covenants running with the Lard end Rhall hind [env season having at •nv time env interest or eatar.e in the Uric as though recited and stipulated at length herein; TO HAVE AND TO HOLD the same unto the Grantee, and the heirs or successors and assigns of the Grantee, forever. If any provision of the Declaration or the By -Laws is invalid under, or would cause the Declaration or the By -Laws to he insufficient to submit the Property to the provisions of the Condominium Act, or if any provision that is necessary to cause the Declaration and the Av-Laws to he sufficient to submit the Property to the provisions of the Condominium Act is mitaina from the Declaration or the By -Laws, or if the Declaration and the By -Laws are insufficient to submit the Property to the Provisions of the Condominium Act, the applicable provisions of Article 18 of the Declaration shall control. The Grantor, in compliance with Section 13 of the Lien Law of the State of New York, covenants that the Grantor will receive the consideration for this conveyance and will hold the risht to receive much consideration eP s trust fund for the Pumps. of paving the cost of the imorovea+ente at the Property and will apply the same first to the navmeant of the cost of such improvements before upinp anv part of rhea acme for •nv other purposes. The Grantee accepts and ratifies the Provisions of the Declaration and the By -Laws (and anv Rules and Regulation* adopted under the By -Laws) and agrees to comply with all the term* end provisions thereof, as the acme may he amended from time to time by instruments recorded in the Office of the Register of the City of New York, New York County. The term "Grantee" shall he reed es "Grantees" whenever the amnia of this indenture so reanuires. This submital ocelots be sebetlrifora petite bearing In accordance wlrittl meth®set firth In i] City of Miami Code. The applicable decimal -reeking body. reslewthe inbrna4on at the pubic hearing. render a recofernendatlon or a final decision. PZ-22-14439 01/16/24 91- 779 �� % • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 1 IN WITNESS WHEREOF, the Grantor and the Grantee have duly egeoutd this indenture as of the day rd Year first shove writ ten . • •, hy: h JOA 114/11 /9A Ax. ra. /079-t .0//74j,0_44 izei/ ode atiiazaaa- Aed4.4446 •91- 779 /I/ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT RECORDED OY COUNSEL ABSTRACT INC 111 GREAT N;:CK RD. GREAT NECK, N.Y. 11021 This submittal needs to be scheduled for a pubUc hearing In accordance with hmellnes set forth in the City of Miami Code. The applicade decision -ma king bodywilt revewthe lnlomiaion at the pubec hearing to render a recommendation or a final decin on. t (SPACE ABC TMIS LINE FOR RECORDING oxT4111 WORDS USED OFTEN IN THIS DOCUMENT (A) "Mortgage" This document, which is dated' July 30, 1990 will be called the "Mortgage." (3) "Borrower" tSAAC SHIH ano JOAN SHI11, his whew residing at J804 Bailey Avenue, 1E1, Bronx, New York 10443 will be called "Borrower" and sometimes simply "I" or "me".' (C) "Lender" Asia Bank, N,A. will be called "Lender." Lender is a corporation which exists under the laws of the United States. Lender's address is 135--34 Roosevelt Avenue, Flushing N.Y. 11354 (D) "Note" The not.: ::ignod by Borrower and dated July 30, 1990 will be called the "Note." The Note now that•i owe lender ONE MILLION ONLY _ and 00/100 U.S. DOLLARS (5 1,000,000.00 ) plus intersst. I have promised to pay this debt in monthly payments of $11361.'>U at the yearly rate of 12.5% and to pay the debt in full by August 1, 1995, (E) "Property" The property that is described below in the paragraph titled "Description of the Property" will be called the "Property." . (F) "Sums secured" The amount desori.bed below in the paragraph titled "Borrower's Transfer to Lender of Rights in the Property" sometimes will be called the "Sums secured." Mos submtlal needs. !rescheduled fora pubic bearing In accordance wen tlmellow set forth In the Clty of Waco Code . The appica He decision clue.. hotly wil rMeva 1, Information nt the pubic nearing to render a recommend...ora noeldeclson. 1. BORROWERS TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terms of this Mortgage. This means that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights that the law gives to Lenders who hold mortgages on real property. I am giving Lender these rights to protect Lender from possible losses that might result if Z fail to: (A) Pay all the amounts that I owe Lender as stated in the Note; (B) Pay, with interest, any amounts that Lender spends under. Paragraphs 6 and 11 of this Mortgage to protect the value of the property and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under thisMortgage. 2. DESCRIPTION OF THE PROPERTY I give Lender rights in the Property described in !A; through (J) below: (A) The Property which its located at 424-424 !lro�dway, , Unlr. No. 1 (Basement and 1st Floor) , New York, 1Tw fo{k HAI s This Property is in N,.w Ynr4_,�__ County. It has the following legal description: SEE SCHEDULE "A" HERETO ATTACHED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 91- 779 PZ-22-14439 01/16/24 /6 9.0, s '91 1S:44 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ANTHONY F. LAMA REALTY SERVICES INC. NEW YORK, N.Y...- HOBOKEN, Nj. REAL ESTATE APPRAISING AND CONSULTING ANTHONY E LAMA, Ha SRA nttSutlNT Mr. John' 0. Kenyon, IUi vice President Chemical sank 277 Park Avenue New York, New York 10172 Dear Mr. Mayon: • LET' 01' 'TRAl9SM13T94+ September 22, 1989 NOTICE This subrtlal needs. be schecia.t bra pubic bearing accordancein wilhtlrsec set firth in the Ur of WarCode. The appal.. becision•rz king h., wail rMew., information at the pubic bearing to render a recommend. on or a final decision. l l9 *ASt 3$TH $T*U't NIV YORIC, NY 1ool6 2224B5•0$30 tf ,Y To: $29 ADAMS Sower HOIIOKJNt, NJ otogo 29142040S0 TE DAX 4+ 201-420.4714 Me: Commenial� Med:mdmey tav Omit I Mew York. Nem rock Blaclk 209 Lot 1001 Pursuant to your request, we have appraised the captioned condominium unit located within the 424 Broadway sportswear Condominium Building situated on the east side of Broadway between Canal and Howard Streets in the borough of Manhattan, New York County, New York. The property is improve¢ with a 6-story and basement commercial/loft condominium building constructed about 1900, containing 26,400 SF of gross building area. The subject condominium unit contains 4,020 S8' an the first floor and 3,551 SP in the basement fora total of 7,571 SP. It is situated on a site containing 4,920 square lest (50'3/4" x 98'41/4") and zoned H1-5B, Light Manufacturing District. The purpose of the appraisal is to estimate the market value of the herein described property subject to the Market riles definitions and Limiting Conditions set forth in the appraisal report. Tha in the henrdsicri rights wised are of the unencumbered fee simple estate Property• PZ-22-14439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ANTHONY F. LAMA REALTY SERVICES, INC. Mr. Jahn G. Kenyon Ras 424 426 Icosammy, New York, New Tack September 22, 1909 Page 2 • We have inspected the subject property on 9spteMbsr 22, 1989 and ressarched available market data. In our opinion, sufficient data was obtained to enable us to reach en estimate of value. Descriptive material and supporting data together with our findings are set forth in the appraisal report. In arriving at an estimate of value, all factors and assumptions developed in preparing. the report have been considered. tan the basis of these factors, it is our opinion that the market value of the subject property as of September 22, 1989 is: One Million Six Hundred Thousand Dollars ($1►600,000) Respectfully submitted, Anthony F. Lama, MAI, SRA President ThIs submtlal needs. be scheduled fora pubic bearing In emote van wen tlmellnes set forth In the Clly M Minn Cole . The appicane tlxidon•ma king hotly wit review the Infonnaeon et the pubic bearingto render s reconentendelton or a nnaieedaon. PZ-22-14439 01/16/24 9i - 779 /5„ .1-91-5?(a) 1; 24!91 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT RESOLUTION NO. '/ " 9 2 A RECOLtJTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING EEQUIREMENTS," AND ARTICLE 20, SECTION 2008, SUBSECTION 2000.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE P00T COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREST PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED)/ 8' SIDE YARD (42.9' REQUIRED), 5E0/31,639 SQUARE FEET OPEN SPACE (640/34,970.21 SQUARE FEET REQUIRED); 170/9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (214/11,474.6 SQUARE PEET REQUIRED); AND ELIMINATING THE REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 1BTH STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT N0. 1380 - "CHINATOWN", AS PER PLANS ON PILE DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON THE FOLLOWINGS (1) THE 80 PARKING SPACES (AS INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS PER PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF THE BLOCK; (5) SAID PLAIN ;BUST RECEIVE LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; (6) ANY REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN' FOR PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7) A COVENANT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE PROPERTY WILL DE SUBJECT TO THE HEREIN LISTED CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OP DADE COUNTY, FLORIDA; SAID VARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERPORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF S250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED. crrcc*1.z r' or .%••241991 NOTICE This...al needs to be scheduled fora public hearing in ccordance ,p timeline selform.the Cit/of Miami revew.einooma nnl'T'a tle public hearing tbodyniii a ex wCode Mae adon at the pubion-m ingto render a rhc endadon or a finaldecision. PZ-22-14439 01/16/24 91 '-- 779 !9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT WHEREAS, the Miami Zoning Board at its meeting of December 3, 1990, Item No. 2, duly adopted Resolution Z9 115-90 by a six to zero (6-0) vote granting a variance as hereinafter set forth; and WHEREAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the variance; and WHEREAS, the City Commission, after careful consideration of thi+l matter finds that there are peculiar circumstances effecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, SE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein es if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as emended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements", and "Minimum 0ffstrset Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 584/31,639 square feet open space (641/34,970.21 square feet required); 174/9,200.43 square feet of pedestrian open space (214/11,474.6 square feet This subr tal needs to be scheduled fora pubic hearing in accordance ..timelines set forth In the City of Miami Code The applicable decision -making hotly wit reWew Me lnfonnadan at the pubic bearing to render remcemendadon or a anal decid on. PZ-22-14439 \ O1/16/24 91- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT required); and eliminating the required vision clearance at the intersection of Biscayne boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the followings (1) the 80 parking spaces (as.'indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block (the Northeast 4th Avenue.property)142).parkinq sgeces,.(as fgr.plans on_file_dated Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby. the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable city Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the applicant posting a performance bond or letter of credit in the amount of $250,000.00 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced. --eubmRtel needs m be ecbeduled bt a public M1eadng reo— 3p timelierez ron-m rr!1 City, �Ml—LpdenThmmappl'ra tle tlee¢Ipn-making body will ex wtM1einbm—, at tM1. b�cbearinq Nrentleea entlatlon orafinal deci9on. PZ-22-14439 01/16/24 91. -- 779 a/ Section 3e• e tOLU1VIENT DESTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Resolution shall become effective immediately upon its edoptiona PASSED AND ADOPTED this 24th day of , 1991. CITY CLERK PREPARED AND APPROVED SY * .aleteliLo T7 MI RIM MST CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS* JGE L. C Y ATTOR EY CMMjrma/lb/M1?74 • XAVIR . Sf ► OR to I This aubmtlal needs to be ache.. bra pubic bearing in accordance witO a mein. set forth In the City of Miami Cale. The appl¢be beciam•ma king body wit re•ew the Information at tie pubic bearing to render taco mendatlon or a final decision. PZ-22-14439 01/16/24 as y4 - 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT OPINIOi OP TITLE TO: THE CITY OF MIAMI, a political subdivision of the State of Florida mr a pub. hearing in rcvtlancewAh tlme.. set for. In the City°, Miami code. The appll¢ble decision -making hotly will realms the information at the public hearing to render re:omm..on or final decision. PZ-22-14439 01/16/24 With the understanding that this opinion of title is being furnished to the CITY OF MIAMI, FLORIDA, it is hereby certified that we have examined the public records of Dade County, Florida, covering the period from the BEGINNING to September 24, )99), at 8:00 A.M., inclusive, of the following described real property: Lots 2, 6, 7, 10, 11 and )2, Block 6, of MIRAMAR SUBDIVISION a/k/a THIRD AMENDED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida. Basing our opinion on said examination of title, we are of the opinion that on the last mentioned date the fee simple to the above described real property was vested in: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership. Subject to the following encumbrances, liens and other exceptions: GENERAL EXCEPTIONS I. All taxes for the year 1990 and subsequent years. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. 6. A11 matters set forth on Plat of CHINATOWN, as recorded in Plat Book )40, at Page 48, of the Public Records of Dade County, Florida. SPECIAL EXCEPTIONS 7. Easements, reservations, restrictions, dedications and rights -of -way as shown on the Plat of MIRAMAR SUBDIVISION a/k/a THIRD AMENDED MAP OF MIRAMAR, recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida. As to Lot 2: 8. Mortgage executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, dated March 27, 1990 in favor of Eastern National Bank, filed for record on March 27, 1990 in Official Records Book )4484, Page 3078 of the Public Records of Dade County, Florida. As to Lot 2: 9. Assignment of Leases executed by Miami Chinese Community Center, Ltd., a Florida limited partnership on March 27, )990, in favor of Eastern National Bank, filed for record in Official Records Book 14484, at Page 3090, of the Public Records of Dade County, Florida. 9i - 779 d3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • As to Lot 2: 10. UCC-1 Financing Statement wherein Miami Chinese Community Center, Ltd., a Florida limited partnership is the Debtor and Eastern National Bank is the secured party, filed for record on March 27, 1990 in Official Records Book 14484, at Page 3095, of the Public Records of Dade County, Florida, As to Lot 2: 11. Dedication to the perpetual use of the public, the streets, avenues, drives, boulevards and alleys shown upon the Plat of MIRAMAR except as therein set forth rated March 31, 1917 and filed April 19, 1917 in Deed Book 163, Page 473, of the Public Records of Dade County, Florida. As to Lot 12: 12. Mortgage executed by Miami Chinese Community Center, Ltd., a Florida limited Partnership, dated January 12, 1989 in favor of Interamerican Engineering Corporation, filed for record on January 12, 1989 in Official Records Book 13960, at Page 427, of the Public Records of Dade County, Florida. As to Lots 6, 7, 10 and 11: 13. Covenant running with the land, dated and filed October 8, 1980 in Official Records Book 10893, at Page 2186, and rerecorded on October 9, 1980 in Official Records Book 10894, Page 766, of the Public Records of Dade County, Florida. 14. Mortgage and Security Agreement dated March 10, 1983 given by Louis LaFontisee, as Trustee to Consolidated Bank, N.A., filed March 14, 1983 in Official Records Book 11724, Page 1472 of said Public Records, as modified by First Modification of Note and Mortgage dated June 27, 1983, and as modified by Second Modification of Note and Mortgage dated August 30, 1985, and as modified by Third Modification of Note and Mortgage dated May 29, 1986, which mortgage is subject to that•certain Assumption Agreement dated November 10, 1988, filed November 13, 1988 in Official Records Book 13892, Page 677, of said Public Records. 15. Financing Statement UCC-1 executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed March 14, 1983 in Official Records Book 11724, at Page 1488, of said Public Records. 16. Collateral Assignment of Leases and Rents executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed March 14, 1988 in Official Records Book 11724, Page 1491, of said Public Records. 17. Covenant Running with the Land executed by Louis L. LaFontisee, Jr., in favor of City of Miami, relating to parking facilities in connection with the lease from Louis L. LaFontisee, as Trustee, to Zum Alters Fritz, dated August 21, 1984, filed August 22, 1984 in Official Records Book 12245, at Page 1628 of said Public Records. 18. Financing Statement UCC-1 executed by Elisabeth Yamahoha d/b/a Zum Alters Fritz, in favor of Southeast Bank, N.A., as to all restaurant and kitchen equipment located or used in the operation located on Lot 6, Block 6, of the subject property, filed in Official Records Book 13276, Page 1914 of said Public Records. 19. Resolution No. R-729-86 passed by the Board of County Commissioners of Dade County, on June 17, 1986 entitled "Resolution Adopting The Method Set Forth In Section 197.363, Florida Statutes, For Collecting The Special Assessments To Be Levied In the Special Assessment Project Area Known As the Execution Of The Downtown Component Of Metrorail (DCM) Project, If And When Such a Project Area Is si - 779 c24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 111/ Created By County Ordinance, So As To Enable Such Special Assessments To Be Collected As Though They were Ad Valorem Taxes" filed June 17, 1986 in Official Records Book 12923, Page 2618 of said Public Records. 20. Mortgage given by Miami Chinese Community Center, Ltd., a Florida limited partnership, to Louis LaFontisee, as Trustee, filed November 14, 1988 in Official Records Book 13892, Page 689, of the Public Records of Dade County, Florida, which mortgage was collaterally assigned by the owner and holder thereto to Consolidated Bank, N.A., pursuant to that Certain Collateral Assignment dated November 10, 1988, filed November 14, 1988 in Official Records Book 13892, at Page 694, of said Public Records, and as reflected in that certain Security Agreement from Louis LaFontisee, Jr., as Trustee, in favor of Consolidated Bank, N.A., dated November 10, 1988, and filed November 14, 1988. 21. VCC-1 Financing Statement executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed November 14, 1988 in Official Records Book 13892, at Page 697, of said Public Records. 22. UCC-1 Financing Statement executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, in favor of Consolidated Bank, N.A., filed November 14, 1988, and recorded in Official Records Book 13892, at Page 684 of said Public Records. I, the undersigned, further certify that I am an attorney - at -law duly admitted to practice in the State of Florida, and a member in good standing of the Florida Bar. vbr188504/R1-3 Respectfully submitted, BEDZOW KORN KAN & GLASER, P.A. 11077 Biscayne Boulevard P.O. Box 61-9002 Penthouse Suite Miami, Florida 33261-9002 Phone: 305/895-2520 (Dade) Telecopier (305) 895-1'421 By: !!•`'� ,NARY L. BROWN 91 7'79 c7 - THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT OPINION OF TITLE TO: CITY OF MIAMI, a political subdivision of the State Florida. . 1 . NOTICE PZ-22-14439 01/16/24 With the understanding that this opinion of title is Eur- nished to the CITY OF MIAMI, it is hereby certified that we have examined the complete Abstract of Title completely covering the period from the BEGINNING to September 24, 1991 at 8:00 A.M., inclusive, of the following described real property: A11 of Lots 3 and 13, Lots 4, 5, 8, 9 and 14, less the West 40.00 feet thereof, and the 10.00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 6, "MIRAMAR" (also known as the "THIRD AMENDED MAP OF MIRAMAR"), according to the Plat thereof, as recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida. Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: MIAMI CHINESE COMMUNITY CENTER, LTD., A FLORIDA LIMITED PARTNERSHIP Subject to the following encumbrances, liens, and other excep- tions: GENERAL EXCEPTIONS As to all of the property: 1. All taxes for the year 1990 and subsequent years. 2. Rights of persdns other than the above owners who are in possession. 3. Facts.that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. 6. All matters set forth on Plat of CHINATOWN, as recorded in Plat Book 140, Page 48, of the• Public Records of Dade County, Florida. SPECIAL EXCEPTIONS 7. Conditions, covenants, limitations, easements and reserva- tions, contained in Plat of THIRD AMENDED PLAT OF MIRAMAR, as recorded in Plat Book 5, Page 4, of the Public Records of Dade County, Florida. 8. Dedication dated January 25, 1917, filed March 30, 1917, in Official Records Book 162, Page 414, of the Public Records of Dade County, Florida. 9. Dedication dated March 31, 1917, filed April 19, 1917, in Official Records Book 163, Page 473, of the Public Records of Dade County, Florida. a6 s1 - 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 10, Resolution No. R-729-86 passed by the Board of County Com RfvIEW co' missioners of Dade County, on June 17, 1986, entitled "Resolution Adopting The Method Set Forth In Section 197.363, Florida Statutes, For Collecting The Special Assessments To Be Levied In The Special Assessment Project Area Known As The Extension Of The Downtown Component Of Metrorail (DCM) Project, If And When Such A Project Area is Created By County Ordinance, So As To Enable Such Special Assessments to Be Collected As Though They Were Ad Valorem Taxes" filed June 17, 1986, in Official Records Book 12923, Page 2618, of the Public Records of Dade County, Florida. As to Lots 5 and 8: 11. Covenants running with the land, dated October 8, 1980 filed in Official Records Book 10893, at Page 2186, and rerecorded on October 9, 1980, in Official Records Book 10894, Page 766, of the Public Records of Dade County, Florida and dated August 21, 1984, recorded in Official Records Book 12245, Page 1628 of the Public Records of Dade County, Florida. As to Lots 3, 4, 5, 8 and 9 and the 10.00 feet alley lying North of and adjacent to Lot 5: 12. Mortgage and Security Agreement dated March 10, 1983, given by Louis LaFontisee, as Trustee to Consolidated bank, N.A. filed March 14, 1983, in Official Records Book 11724, Page 1472, of the Public Records of Dade County, Florida, as modified by First Modification of Note and Mortgage dated June 27, 1983, and as modified by Second Modification of Note and Mortgage dated August 30, 1985, and as modified by Third Modification of Note and Mortgage dated May 29, 1986, which mortgage is subject to that certain Assumption Agree- ment dated November 10, 1988, filed November 13, 1988, in Official Records Book 13892, Page 677, of said Public Records, under which the said mortgage was assumed by Miami Chinese Community Center, Ltd., a Florida limited partner- ship. 13. Financing Statement UCC-1 executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed March 14, 1983, in Official Records Book 11724, Page 1488, of the Public Records of Dade County, Florida. 14. Collateral Assignment of Leases and Rents executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A. filed March 14, 1983, in Official Records Book 11724, Page 1491, of The Public Records of Dade County. * 15. Mortgage given by Miami Chinese Community Center, Ltd., a Florida limited partnership, to Louis LaFontisee, as trustee, filed November 14, 1988 in Official Records Book 13892, Page 689, of the Public Records of Dade County, Florida, securing the original principal amount of $527,500.00, which mortgage was collaterally assigned by the owner and holder thereto to Consolidated Bank, N.A., pursu- ant to that certain Collateral Assignment dated November 10, 1988, filed November 14, 1988, in Official Records Book 13892, Page 694, of the Public Records of Dade County, Florida. 16. UCC-1 Financing Statement executed by Louis LaFontisee, as Trustee, in favor of Consolidated bank, N.A., filed November 14, 1988, in Official Records Book 13892, Page 697, of the Public Records of Dade County, Florida. 17. UCC-1 Financing Statement executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, in favor of Consolidated Bank, N.A., filed November 14, 1988, and recorded in Official Records Book 13892, Page 684, of the Public Records of Dade County, Florida. 91 - 779 (7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 2. LOUIS LaFONTISEE, as Trustee As to Lots 13 and 14: 18. Mortgage from Miami Chinese Community Center, Ltd., in favor of Citicorp Savings of Florida, dated November 9, 1988, recorded November 10, 1988, under Clerk's File No. 88R-407319, in Official Records Book 13888, at Page 1831, securing an indebtedness in the sum of S263,500.00, together with an Assignment of Leases and Rents, filed in Official Records Book 13892, at Page 38, and UCC-1 Financing State- ment filed in Official Records Book 13892, at page 42, of the Public Records of Dade County, Florida. NOTE: AS TO THE 10.00 FEET ALLEY LYING SOUTH AND ADJACENT TO LOT 9 AND THE 10.00 FEET ALLEY LYING NORTH OF AND ADJACENT TO LOT 5, MIAMI CHINESE COMMUNITY CENTER, LTD.'S OWNERSHIP IS SUBJECT TO ORDINANCE TO VACATE, ABANDON AND CLOSE SAID ALLEYWAYS FILED WITH THE CITY OF MIAMI. Wherefore it is our opinion that the following parties must join in the platting of the above described real property in order to grant the CITY OF MIAMI and DADE COUNTY, FLORIDA, and the public, a good and property title to the dedicated areas shown on the final Plat of the aforedescribed property, the sub- division thereof to be known as CHINATOWN and that Miami Chinatown Development, Corp., a Florida corporation, as general partner of Miami Chinese Community Center, Ltd., a Florida limited partnership, is the proper signatory to the Plat. 1. NAME SPECIAL EXCEPTION INTEREST NUMBER 1. MIAMI CHINESE COMMUNITY CENTER, LTD, a Florida limited partnership Owner Mortgagee 15, 16 3. CONSOLIDATED BANK, N.A. Mortgagee 12, 13, 14, 15, 16, 17 4. CITICORP SAVINGS OF FLORIDA Mortgagee 18 I, the undersigned, further certify that I am an attorney - at -law duly admitted to practice in the State of Florida, and arna member in good standing of the Florida bar. Respectfully submitted this 1st day of October, 1991. vbr188503/R Bedzow, Korn, Kan i Glaser, P.A. 8Y: 6'`� "r��✓r! v 94 - 7'79 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN - SEEN AT THE END OF THIS DOCUMENT NAIRMANINStituti REAL ESTATE ArAIS'ERS SOCIETY OP REAL SSTATS AI I* HAS YfMSiR • CORAL OASLEO BOARD 0► R►AL1OI$ MEMlyER • FLORIDA A6SO0tA7ION tli AEA. -OAS JAMS& L AOMER. MAI GRIOORT M. OuNTtR, MAI TNOMAS P. MAOLNNEIMCR 3, MARK QIJINLIVAN, MAI, SRPA PROFESSIONAL ASSOCIATION REAL ESTATE APPRAISERS $ CONSULTANTS $,30 S•w. TArw STRUT. Sun 300 SOUTH MIAMI ILOR10A 33,43 Miami Chinese Community Center, Ltd. 1823 Biscayne Boulevard, Suite 14 Miami, Florida 33132 Gentlemen: We have recently completed an Appraisal Report of your land parcel located on the east side of Biscayne Boulevard between N.E. 18th Street and N.E 19th Street, Miami, Florida TILtPMONS663461f FAX 660•IHHt October 10, 1991 NOTICE Pala sobmaUl needstedeaAedi led fir a plane hearing in accordance with hmeanes set forth In the Cityot Warn Code. The applicable decision -making htly oma review-thereconanendahon or a enaldeusnon at the pubic hearing . ren era PZ-22-14439 The value of the total site was estimated to be S3,475,000. According to information you have sent to me, the mortgages on the property total S2,454,200. Based on our estimate the equity in the property would be as follows: Estimated Value Mortgages Equity $3,475,000 2A454.200 $1,020,800 01/16/24 �- 779 T-H ION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 4..MA,131W..PPiQv Miami Chinese Community Center, Ltd. Oct. 1. 1991 Mr. Joel E. Maxwell. City Attorney. .Amerifirst Bldg.. 1 S.E. 3rd Ave.. llth floor. Miami. FI. 33131. Dear Mr. Maxwell. T. e.m,taireee.m bea..e�V•e m.a pebu� nea��ng damMmrortn'mmeeirior Mlami Cafe. The appllraCle tlxiaion-m.,g boh will eealewM formalbnMMeru.cbeatlng to reneeva rzmmmentletl on or efinaleeci9on. As per our meeting yesterday. we are pleased to enclose the following for your perusal. Annex 1 copies of MAI appraisal covering the whole lot of Chinatown. Annex 2 - copies of title insurance policy covering 4 pieces of land. Annex 3 - copies of contract with the 5 mortgages. Please note that the opinion of title covering the whole lot of Chinatown will be submitted by our attorney Gary Brown within today. VQurs sincerely. MIAMI CHINESE COMMLTNITY CENTER LTD. AC ENCL. alialliVill oww.rt...t Corp. 331 N.E. leas Stt R, MIwL Floridt 33132, USA (306) 375•9266 ir:r;H JO )110 10. 7 10 '1dA 0 16.uagEZ1 130 cl-,1i33 d 91-- 779 Fax: (3116) 5714e161 30 PUB&, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT (17, An ACMIM. . tt#s Muni Chinese Community Center, Ltd. ANNEX 1 :sss**s C, 0 Q- Q NOTICE This au b.-Wreak. be ache.. tore public hearing in accordance with tl matinee set firth In the City of Miami Code. The epic,. decision -making hotly will review fie. Inform., at the pubic hearing to renter a recommended on or a final decagon. PZ-22-14439 01/16/24 IEW C°` 91- 779 1411111 c11 Developing tor, 33/ N.E. lath Strut, MIMni, Ronda 33132, USA (305) 37542511 FIE (305) S771N1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT TN.: (306) 372.5200 +EU IMP Mhimi Chinese Community Center, Ltd. ANNEX 2 sssssss SUM Cwrres awrepm..r Cop. 331 M.E. fah Stfwt, Mani, Raids 33132, USA ( ills sutlnraf needs. be scheduled bra putlic hewing ccovdance wtlh Ilmeliree set forth in the Oty of Mlami Lcde. The appdcatle decision -malting body enLL renew the information at the pubic fearing to render a recommendation or a Anal decie on. PZ-22-14439 01/16/24 91- 779 Fax: (306) 571.6e61 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 1) MORTGAGE PROPERTY 2) MORTGAGE PROPERTY 3) MORTGAGE PROPERTY 4) MORTGAGE PROPERTY Miami Chinese Community Center, Ltd. ANNEX 3 *milts -- INTERAMERICAN ENGINEERING CORP. - - LOT 12 BLOCK 6 OF MIRAMAR (327 N.E. 18TH STREET) - ,, LOCIS LAFONTISEE (1st mortgage) CONSOLIDATED BANK(2nd mortgage) -- LOT 3 - 11 (N.E. 18 - 19TH STREET) - - CITICORP SAVINGS OF FLORIDA - - LOT 13 - 14 (N.E. 18TH STREET) - 1 EASTERN NATIONAL BANK - - LOT 2 BLOCK 6 (1846 N.E. 4TH AVE.) Mimi Chiming Ormispttatt Carr. 331 N.E. 111h Strout, Miami, Florida 33132, USA () 3754256 NOTICE This submittal nestle [o be ecM1aiuletl bra public M1earing rcr eTh wip timelede sdon-mikthe Llfy of Mlemi Cotle. The appllutle tl�'sion-makFg hpEy will reWewtbe Inbrtnaeon at the pubM1c M1earing m rentler a mendation are final tleciaon. PZ-22-14439 91.- 779 Far (306) 57741161 33 Sp PU THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 110 $ .000.00 Miami, FIcr to January 12, 1929 • FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CENTER, :.'D., Florida limited partnership having its principal business offices at 1823 Biscayne Boulevard, Apt. 14, Miami, Florida 33132 ("Maker"), promises to pay to the order of INTERAMERICAN ENG:NEER:NG CORPORATION, a Florida corporation, with offices at 150 S.E. Sectnd Avenue, Miami. Florida 33131 ("Payson the principal sum of CNE HUNDRED SEVENTY THOUSAND and 00/100 DOLLARS (S170,000.00) lawful :Honey of the United States of America at the time of payment, together with interest from the date hereof, at the rate and on the terms set forth herein, as follows: The per annum interest rate on the unpaid principal balance outstanding shall be a rate equal to ten and one-half (10 1/2R) percent. Maker shall pay equal monthly installments of principal and interest in the amount of One Thousand Eight Hundred Seventy Nine and :8/100 ($1,879.18) Dollars without demand, set-off or deduction. on the twelfth (12th) day of each calendar month from the date hereof beginning February 12, 1989, through the twelfth (12th) day of February, 1996 (the "Maturity Date") on which date the entire unpaid principal balance of this Note and all interest accrued thereon and all other sums payable hereunder shall be immediately due and payable in full unless extended as provided for herein. Principal payments shall be amortized over a fifteen (15) year period. The principal and interest shall be payable at the office of Payee set forth in the heading hereof, or at such other place as Payee, from time to time, may designate in writing. Maker shall have the right to prepay this Note, in whole or .n part, at any time atter the third (3rd) anniversary date of this Note, without penalty, provided that any partial prepayment shall be applied first to accrued interest and then to principal. Prior thereto, any prepayment shall be subject to a penalty equal to all interest that would have accrued during the first three (3) years of the term hereof had no prepayment been made less all payments o: interest made prior to such prepayment. Payment of this Note is secured by a Mortgage dated January 12, 1989 intended to be recorded forthwith. from Maker to Payee, upon certain real property situated in Dade County, Florida. together with the buildings and other improvements now or hereafter constructed thereon. more particularly described in the Mortgage (and herein referred to as the "Property"). 'A11 of the agreements. conditions, covenants, provisions and stipulations contained in the Mortgage and any other loan documents which are to be kept and performed by Maker are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein, and Maker covenants and agrees to keep and perform them. or cause them to be kept and performed, strictly in accordance with their terms. Any default by Maker under the Note or Mortgage (the "Loan Documents") may, at Payee's option, be treated as an event of default hereunder. It is further understood, however. that should any default be made in the payment of any installment of principal or interest on the date on which it shall fall due. or in the performance of any of the agreements, conditions. covenants. provisions or stipulations contained in this Note, the Mortgage or any other Loan Documents. then Payee. at its option and without notice to Maker unless expressly required elsewhere herein, may declare immediately due and payable the entire unpaid balance of principal with interest accrued thereon at the then otherwise applicable rate specified hereinabove to the date of default and thereafter at a rate equal to the leaser of: (a) eighteen percent (18%) per annum; or (b) the maximum legal -1- 91- 779 34-- w THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 9 of �::erect~ar;,eable 'taker (which _esser rase eznafter re:erred to as theault Rate") and ell other -42 by maker hereunder or under the Loan Documents, anyth.n; ne;e_n or in the Loan Documents to the contrary notwithstanding: and payment thereof may be enforced and recovered in whole or in ;,art at any time by one or more of the remedies provided to Payee Note, the Mortgage or the Loan Documents, in such case, Payee -ay also recover all costs of suit and other expenses in connection therewith, together with a reasonable attorneys' fee for collection. together with interest on any judgment obtained by Payee at a rate which shall be equal to the Default Rate. including interest at that rate from and after the date of any execution, judicial or foreclosure sale until actual payment is made to Payee of the full amount due Payee. \ PZ-22-14439 /, ..,01/16/24-Q The failure of the Payee to exercise such option to accelerate the indebtedness evidenced hereby shall not constitute a waiver of the right to exercise such option at any other time so long as sic:: event of default remains outstanding and uncured. Payee shall not exercise any right or remedy provided for herein because of any default of Maker unless Payee shall have first given written notice thereof to Maker and Maker shall have failed, in the event of a monetary default, to pay the outstanding sums within a period of thirty (30) calendar days after the giving of such notice of such default or in the event of a non -monetary default, Maker shall have failed. within a period of thirty (30) days after the giving of such notice of such default to correct the non -monetary default, or it such non -monetary default is of a type which cannot be cured within thirty (30) days, Maker shall have begun to correct such default and thereafter Maker proceeds diligently to correct such default; provided, however, that Payee shall not be required to give any such notice or to allow any part of the grace period if Maker shell have filed a petition in bankruptcy or for reorganization or a bill in equity or otherwise initiated proceedings for the appointment of a receiver of Maker's assets. or if Maker shall have made an assignment for the benefit of creditors, or if a receiver or trustee is appointed for Maker and such appointment and such receivership is not terminated wit`i- thirty (30) days. The remedies of Payee as provided herein, or in the Mortgage. and the warrants contained herein or attached hereto or contained in the Mortgage. shall be cumulative and concurrent. and may be pursued singly, successively or together at the sole discretion of Payee, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this Note or of the Mortgage or any•other Loan Documents. as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting the Property, or any other property, real or personal. or any part of the proceeds arising from any sale of any such property, from attachment. levy or sale under execution. or providing for any stay of execution to be issued on any judgment recovered on this Note or in any action to foreclose the Mortgage, exemption from civil process. or extension of time for payment; and Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon. may be sold upon any such writ in whole or in part in any order desired by Payee. Except to the extent set forth herein, Maker and all endorsers, hereby waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor. protest and notice of proteet of this Note. and all other notices in connection with the delivery, acceptance, performance, default. or enforcement of the payment of this Note, and they agree that the liability of each of them shall be unconditional. joint and several, without regard to the liability of any other party, and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification -2- 91 -- 779 35 • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE PZ-22-14439 i 01 /16/24 FVI EW COMQ /ranted or consented to by Payee. Maker and all endorsers. c sen: to any and all extensions of time, renewals, waivers modifications that may be granted by Payee with respect to .e payment or other provisions of this Note, and to the release of the collateral or any part thereof, with or without substitution. an: agree that additional makers, endorsers, guarantors or sureties ^a; become parties hereto without notice to them of affecting ::'AL: liability hereunder. It any provision of this Note is held to be invalid unenforceable by a court of competent jurisdiction, tie other provisions of this Note shall remain in full force and effect and shall be liberally construed in favor of Payee in order to effect the provisions of this Note. In addition, in no event shall the rate of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) (hereinafter the "Maximum Legal Rate"; and any interest paid in excess of the permitted rate shall be refunded t_ Maker. Such refund shall be made by application of the excessive amount of interest paid against any sums outstanding and shall be applied in such order as Payee may determine. If the excessive amount of interest paid exceeds the sums outstanding, the por:ion exceeding the said sums outstanding shall be refunded in cast. by Payee. Any such crediting or refund shall not cure or waive any default by Maker hereunder. Maker agrees, however, that in determining whether or not any interest payable under this Note exceeds the highest rate permitted by law. any non -principal Payment. including, without limitation. prepayment fees and .ate charges, shall be deemed to the extent permitted by law. to be an expense, fee, premium or penalty rather than as interest. Payee shall not be deemed, by any act or omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee, and then only to the extent specifically set forth in the writing. A waiver on one event shall not be construed as continuing or as a bar to ar waiver of any right or remedy to a subsequent event. This instrument shall be governed by and construed accord.n; to the laws of the State of Florida. Maker consents to he exclusive jurisdiction of the Courts of the State of Florida and he federal courts located in Florida in any and all acticns and proceedings, whether arising hereunder or under any of the :=a- Documents. Whenever used, the singular number shall include the plural. the plural the singular, the use of any gender shall be applicable to all genders, and the words "Payee" and "Maker" shall be deemed to include the respective heirs. personal representatives. successors and assigns of Payee and Maker. This Note may not be amended or modified, nor shall any waiver of any provision hereof be effective, except by an instrument in writing executed by Maker and Payee. 91 779 14 i 50 ame PHOEBE ,:E:.L_. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Maker. intending to be legally bound hereby, has caused his Note to be executed as of the day and year first above written. This Note consists of four (4) pages. • DAG103 MIAMI CHINESE COMMUNITY CENTER LTD. a Florida limited partnership 8y: MIAMI CHINATOWN DEVELOPMENT CORP., a Flo ida corporation. General PartOer Sy: a riaident F. Tho bmMal needato be scheduled for a public bearing In , [cord ante Alt timelines set lotln In the City Of Marc Code. The appliorKe tlecicion-reeking body tuff reMwibe Inbrtnanon std. public bearing to render a recommended on or Mel der I9on. PZ-22-14439 01/16/24 91- 7737 BE SEEN AT THE END OF THIS DOCUMENT llo THIS DOCUMENT IS A SUBSTITUTION 1 -- TO ORIGINAL. BACKUP ORIGINAL CAN =�_E:£-=4..-, 0 -- '_r.. :-.- 1301 JAM 14 1-:.G C. C; A 4; y t. This document prepared by and should be returned to: DONALD A. GOLDEN, ESQUIRE Moretz. walker i Golden, P.A. Suite 1940 One Biscayne Tower Miami, Florida 33131 s 13960 427 MORTGAGg 1 Documentary Stamps Collected f d- r„ 3 SURTAX Doc. Starnes Class "C" )nun`1bte tax Comic -tee Rkhara,P. Stinker, Clerk. Cade Coory, F. eyy C THIS MORTGAGE, made this 12th day of January, 1989, by M:AMM: CHINESE COMMUNITY CENTER, LTD., a Florida limited partnersr..p, having a principal place of business at 1823 Biscayne scu:.evari. Apt. 14, Miami, Florida 33132. (hereinafter called "Mortgagor' to INTERAMEAICAN ENGINEERING CORPORATION, a Florida corporat.ia having a principal place of business at 150 S.3, Second Ave::,.e. Miami, FL 33131 (hereinafter called "Mortgagee"). WtTNESBETE( wHEREAS, Mortgagor is justly indebted to Mortgagee. having executed and delivered to Mortgagee its promissory note, a cipy which is attached hereto and made a part hereof es Exhibit "A" ("Note"), bearing even date herewith, wherein Mortgagor promises to pay to Mortgagee the principal sum of ONE HUNDRED SEVENTY THC::SA.NO AND 00/100 DOLLARS (5170.000.00) (the "Loan"). lawful money of the United States of America, with interest thereon at the rats and times and in the spanner and according to the terms and cond.:.cns specified in the Note. all ot which are hereby incorporated .`.erein by reference. THIS IS A PURCHASE MONEY FIRST MORTGAGE NOW THIS INDENTURE WITNESSETH. that Mortgagor, in considerat:.nn of the indebtedness and to secure the payment to Mortgagee of the principal with interest, and all other sums provided for in the Note and all such other agreements and instruments evidencing and securing the Loan, all of even date herewith, being hereinafter collectively referred to herein as (the "Loan DOCUMenta"), has granted, bargained, sold and conveyed and by these presents does grant. bargain, sell and convey unto Mortgagee that certain tract or parcel of land lying and being in the County of Dade and state of Florida. more particularly described and set forth in Exhibit 'B" attached hereto and made a part hereof (hereinafter the "Property"). TOGETHER with all and singular the tenements, hersditaments. Gasersnts. appurtenances. passages. waters. water courses. riparian rights, other rights. liberties and privileges thereof or in any way now or hereafter appertaining. including any other claim at law cr in equity as well as any after acquired title. franchise or license and the reversion and reversions and remainder and remainders thereof. TOGETHER with all after acquired property of Mortgagor attached to the improvement of the Property (the "Atter Acquired Property"), to which After Acquired Property the lien of this Mortgage shall automatically attach without further act ot Mortgagor or Mortgagee. TOGETHER with all buildings and improvements of every kind and description now or hereafter erected or placed thereon and all materials intended for construction, reconstruction, alteration and repair of such improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the mortgaged promises immediately upon the delivery thereof to such mortgaged premises. and all fixtures now or hereafter owned by Mortgagor and attached to said premises, including but not 11mited to all apparatus, motors, elevators, fittings. radiators, all 1 9 i .e 779 38 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT tit an r0 42 r•luMbinq, heating, lighting, cooking, laLndry. '✓en flat.. refrigerating, incinerating, air-conditioning, hot grater heath, and sprinkler equipment and fixtures and appurtenances thereto. and built-in equipment and built-in furniture; and all renewals or replacements thereof or articles in substitution therefor. it being mutually agreed that all the aforesaid property owned ay sa:; Mortgagor and placed by it on said premises shall, so far as permitted by law, be deemed to be affixed to the realty and covered by this Mortgage. The Property, After Acquired Property an; buildings, parking spaces, improvements, fixtures. and a:l other rights herein being hereinafter collectively called the-mortgsged Property". TO HAVE AND TO HOLD the above -granted and described Mortgaged Property unto Mortgagee, its successors and assigns. forever, AND Mortgagor hereby represents. warrants and covenants with Mortgagee that Mortgagor is indefeasibly seized of the Mortgaged Property in fee simple; that Mortgagor has full power and lawful right to convey the same in fee simple as aforesaid; that is shall be lawful for Mortgagee at all times peaceably and quietly to enter upon. hold. occupy and enjoy the Mortgaged Property and every part thereof; that the Mortgaged Property is free from all liens and encumbrances; that all property, fixtures and equipment described herein will be fully paid for and free from all liens, encumbrances. title retaining contracts and security interests when delivered and/or installed upon the Mortgaged Property; that such ;rcperty. fixture and equipment shall be deemed to be realty and a part of the freehold: that Mortgagor will make such further assurances to prcve the fee simple title to all and singular the Mortgaged Property :.. Mortgaqee and to prove the lien and priority of this Mortgage. as may be reasonably required, and that Mortgagor does hereby and 4i:: forever fully warrant and defend the lien and priority of this Mortgage and the title to the Mortgaged Property and every part thereof against the lawful claims and demands of all persons whomsoever. PROVIDED ALWAYS, and these presents are upon the express condition that if Mortgagor or the successors or assigns of Mortgagor shall pay unto Mortgagee, its successors or assigns. the sums of money secured hereby, and any renewals or extensions thereof in whatever form. and the interest thereon as it shall become due. according to the true intent and meaning thereof, together with a:1 advances hereunder, costs, charges and expenses. including reasonable attorney's fees, which Mortgagee may incur or be put : in collecting the same by foreclosure or otherwise; and shall duly. promptly and fully perform, discharge. execute, effect, complete. comply with and abide by each and every of the stipulations. agreements, conditions and covenants of the Note, this Mortgage and all other Loan Documents, than this Mortgage and the estate hereby created shall cease and be null and void and this instrument shall be released by Mortgagee, at the cost and expense of Mortgagor. MORTGAGOR COVENANTS AND AGREES to and with Mortgagee that until the indebtedness secured hereby is fully repaid: 1. Pavment and Performance. Mortgagor shall pay to Mortgagee. in accordance with the terms of the Note and this Mortgage. tre principal and interest. and other sums therein set forth: and shall perform and comply with all the agreements, conditions, covenants. provisions and stipulations of the Note and this Mortgage. the terms of which are incorporated herein by reference. 2. Interest Nate, Notwithstanding any provision contained in this Mortgage or in the Note Secured hereby, the total liability for payment of interest, or payment in the nature of interest, shall no: exceed the limits now imposed by applicable usury laws, including the applicable choice of law rules. In the event of the acceleration of the Note hereby secured, the total charges for interest and in the nature of interest shall not exceed the maximum amount allowed by law, and any excess portion of such charges that 2 91-� 7 7 9 33 _�:�. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT aE� 13960 4es £VIEW CO' may have been prepaid shall be refuned to the maker :hereof. refund may be made by application of the amount Involved against:ne sums then due hereunder, but such crediting shall r.ot cure or waive the default occasioning acceleration. Nothing herein contained nor in any transaction related hereto shall be construed or steal: so operate either presently or prospectively to require Mortgagor to make any payment or do any act contrary to law. but if any c:ales or provision herein contained shall otherwise so operate t_ Invalidate this Mortgage, in whole or in part, then such clause or provision only shall be held for naught as though r.ot herein contained and the remainder of this Mortgage shall remain operative and in full force and effect, 3. Maintenance of MQrtcaged Property. Mortgagor shall abstain from and shall not permit the commission of waste, impairment or deterioration in or about the Mortgaged Property; shall not permit the Mortgaged Property to become vacant, deserted. or unguarded; and shall maintain the Mortgaged Property in good condition and repair. reasonable wear and tear excepted. 4. Insurance, Mortgagor shall keep the Mortgaged Property Continuously insured against all hazards as Mortgagee may reasonably require, including. but not limited to, insurance against loss cr damage by fire, with extended coverage, for all improvements now or hereafter located on the Mortgaged Property, and Mortgagor shall also continuously maintain contingent and public liability insurance and property damage insurance, all of which shall be issued by an insurance company, or companies satisfactory to Mortgagee, and .n such total amounts as Mortgagee may reasonably require from time t„ time. Each policy, including policies for any amounts carried in excess of the required minimum and policies not specifically required by Mortgagee, shall be in form reasonably satisfactory to Mortgagee, shall be maintained in full force and effect, shall be assigned and delivered to Mortgagee at or prior to closing, wit:: Premiums prepaid, as collateral security for payment of the indebtedness secured hereby, shall be endorsed with a standard mortgagee clause in favor of Mortgagee, not subject to contribution or assessment, and shall provide for at least thirty (30) days' notice to Mortgagee prior to cancellation thereof. ;.* : e insurance, or any part thereof, shall expire, or be withdrawn. or become void or unsafe by Mortgagor's breach of any condition thereof, or become void or unsafe by reason of the failure cr impairment of the capital of any company in which the insurance may then be carried, or if for any reason whatsoever the insurance shall be unsatisfactory to Mortgagee, Mortgagor shall place new insurance on the Mortgaged Property, reasonably satisfactory to Mortgagee. All renewal policies, with premiums paid, shall be delivered to Mortgagee at least forty (40) days before expiration of the old Policies. Mortgagee may at its option elect to receive certificates evidencing insurance other than the actual policy. In the event of loss, Mortgagor will give immediate notice thereof to Mortgagee, and Mortgagee may make proof of loss it not made promptly by Mortgagor. Each insurance company concerned is hereby authorized and directed to make payment under such insurance, including return of unearned premiums, directly to Mortgagee instead of to Mortgagor and Mortgagee jointly, and Mortgagor appoints Mortgagee, irrevocably. as Mortgagor's attorney -in -fact to endorse any draft therefor. Mortgagee shall have the right to retain and apply the proceeds of any such insurance, at its election, to reduction of the indebtedness secured hereby, or to restoration or repair of the property damaged, et Mortgagee's sole and absolute option. All such Policies herein are hereby assigned to Mortgagee as additional security for the payment of the indebtedness hereby secured. :f Mortgagee becomes the owner of the Mortgaged Property or any part thereof by foreclosure or otherwise, such policies. including all right. title and interest of Mortgagor thereunder, shall become the absolute property of Mortgagee. 5. Taxes and Other Charges. Mortgagor shall pay when due and payable and before any interest, charge or penalty 1s due thereon., without any deduction, defalcation or abatement, all taxes, •.` 3 9 779 40 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE iEC I '1p 4 )U assessments. levies, liabilities, obligations, enc'.imbrantes. ..a:er and sewer rents and all other charges or claims of every nat.:re kind which may be imposed, suffered, placed, assessed, levied, or filed at any time against Mortgagor, the Mortgaged Property or any part thereof or against the interest of Mortgagee therein, or whi: n by any present or future law may have priority over the indebtedness secured hereby either In lien or in distribution out of the proceeds of any judicial sale, without regard to any law heretofore �. hereafter to be enacted imposing payment of the whole or of any par: upon Mortgagee: and insofar as any such tax, assessment, levy. liability, obligation or encumbrance le of record. the same she:: be promptly satisfied and discharged of record and the original official document (such as, for instance, the tax receipt or the satisfaction paper officially endorsed or certified) shall be cn request of Mortgagee placed in the hands of Mortgagee not later than such dates: prov!4ed, however. that if, pursuant to this Mortgage or otherwise, Mortgagor shall have deposited with Mortgagee before the due date thereof sums sufficient to pay any such taxes, assessments, levies, water and sewer rents. charges or claims. and Mortgagor is not otherwise in default, they shall be paid by Mortgagee: and provided further, that if Mortgagor in good faith and by appropriate legal action shall contest the validity of any s•,:ch item or the amount thereof, and shall have established on its boc'a or by deposit of cash with Mortgagee, as Mortgagee may elect, a reserve for the payment thereof in such amount as Mortgagee may require, then Mortgagor shall not be required to pay the item cr to produce the required receipts: (a) while the reserve is maintained: and (b) so long as the contest operates to prevent collection, is maintained and prosecuted with diligence, and shall not have been terminated or discontinued adversely to Mortgagor. 6. Installments for Taxes, Without limiting the effect of Paragraph 5 hereof, in the event Mortgagor shall fail to pay t`.e charges referred to in Paragraph 4 and/or 5, Mortgagor may require Mortgagor to pay to Mortgagee, monthly with the monthly installments of principal and interest, an amount equal to one -twelfth (./121 of the annual premiums for the annual real estate taxes, prior to the lien of this Mortgage. The amounts so paid shall be security for the real estate taxes and shall be used in payment thereof. No amount so paid shall be deemed to be trust funds and as long as mortgagee is a banking institution the funds may be commingled with general funds of Mortgagee, and no interest shall be payable thereon. At Mortgagee's option. Mortgagee from time to time may waive, and after any such waiver may reinstate, the provisions of this Paragraph requiring monthly payments. 7. Internal Revenue stamps. If at any time the United states or any department or bureau thereof shall require Internal Revenue stamps on the Note secured hereby. Mortgagor, on demand, shall pay for them with any interest or penalties payable thereon. 9. Future Taxes. If hereafter any law or ordinance shall be adopted imposing a tax directly or indirectly on Mortgagee with respect to the Mortgaged Property. the value of Mortgagor's equity therein, .or the indebtedness evidenced by the Note and secured by this Mortgage. Mortgagee, at its election. shall have the right at any time to give Mortgagor written notice declaring that the principal debt, with interest and other appropriate charges, shall be due on a specified date not less than sixty (60) days thereafter: provided, however, that such election shall be ineffective if. prior to the specified date, Mortgagor lawfully pays the tax (in addition to all other payments required hereunder) and agrees to pay the tax whenever it becomes due and payable thereafter, which agreement shall then constitute a part of this Mortgage. 9. Security Agreement. This Mortgage constitutes a security agreement under the Uniform Commercial Code as adopted in Florida and creates a Security interest in the "personal property" included in the Mortgaged Property. Mortgagor shall execute. deliver, file and refile any financing statements or other security agreements, 779 .11 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 111 rc ! 60 431 NOTICE 01/16/24 Mortgagee may require from time to time to confirm the lien f --_s Mortgage with respect to such property. :0. No Other Liens. Without the prior written cor,ser.: of Mortgagee, Mortgagor shall not create or cause or permit to exist any lien on, or security interest in the Mortgaged Property or any portion thereof, whether junior or senior to the lien of :his Mortgage. It is understood and agreed that Mortgagee's consent a::- regard to liens which would be junior to Mortgagee's lien shall not be unreasonably withheld. Any violation of the foregoing Limitation shall. except as otherwise provided in this Paragraph, at the optlon of Mortgagee be deemed an event of default hereunder. any mechanics' lien or claim of mechanics' lien shall be filed against the Mortgaged Property or any portion thereof or any _n:e:es: therein by reason of work, labor, services, or materials supplied or claimed to have been supplied, and if such mechanics' tien o. claim Of mechanics' lien 12 not Cully and finally discharged as a lien against the Mortgaged Property or fully and finally transferred in accordance with all applicable requirements of the Flari=a Mechanic's Lien Law, from a lien against the Mortgaged Property :,. a lien against other security posted by Mortgagor within f:freer. (15) days after such mechanics' lien or claim of lien shall .`.ave been filed. then Mortgagee, at its option, may: (a) pay end discharge the lien, in which case the sum which Mortgagee shall have so advanced shall be due immediately from Mortgagor to Mortgagee, shall be secured hereby, and shall bear interest at the Default Rate specified in the Note from the date of payment by Mortgagee •ant:: the date of repayment, and Mortgagee shall be subrogated to any rights, equities and liens so discharged; and/or (b) treat s.:ch occurrence as an event of default hereunder. 11. Compliance with Law and ReoulatS;Qns. Mortgagor s`a:. comply with all restrictions of record and all laws, statutes. codes, ordinances, rules, regulations, resolutions and orders of all federal, state, 'municipal and other governmental and quasigovernmental authorities and agencies relating in any way to the Mortgaged Property. 12. Inspection. Mortgagee. and any persons authorized ty Mortgagee, shall have the right at any time, upon reasonable notice to Mortgagor. to enter the Mortgaged Property at a reasonable nc:r to inspect and photograph its condition and state of repair. 13. Required Notices, In addition to any notice requirements contained elsewhere in this Mortgage or in any of the other Lean Documents, Mortgagor shall notify Mortgagee promptly of the occurrence of any of the following: Property; (a) casualty causing damage to the Mortgaged Property: (b) receipt of notice of condemnation of the Mortgaged (c) receipt of notice from any government or quasigovernmental authority relating to the development of, improvements on, use of, or occupancy of the Mortgaged Property: (d) substantial change in the occupancY of thA Mnrt7a7od Pivyvsly; (e) commencement of any material litigation affecting the use of the Mortgaged Property, 14. Condemnation. (a) In the event of any condemnation or taking of any par: of the Mortgaged Property by eminent domain. alteration of the grade of any street, or other injury to or decrease in the value of the Mortgaged Property by any public or quasi -public authority or corporation all proceeds (that is, the award or agreed compensation. 'ter the damages sustained) allocable to Mortgagor shall be ' �p PUB( THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT e :ac.e v r f' r st to payment o. ' :hdebte d.ne99 sect. ed "eres'; ,ttlerent for damages sustained shall be made by Mortgagor «:.tn Mortgagee's prior written approval. Mortgagor shall contlmse to pay installments of interest and other charges until payment ;f ~re proceeds shell have been received by Mortgagee in the :all a.-,o.nt ^ secured hereunder, All of such proceeds shall be applied _.. order and in the amounts that Mortgagee, in Mortgagee's sole discretion. may elect, to the payment of principal ;whether or not then due and payable), interest or any sums secured by this Mortgage, or toward payment to Mortgagor, on such reasonable ter-.s as Mortgagee may specify, to be used for the sole purpose o: altering, restoring or rebuilding any part of the Mortgaged Property which may have been altered, damaged or destroyed as a result of the taking, alteration of grade or other injury to the Mortgaged Property, VIE (b) If prior to the receipt of such proceeds by Mortgagee. the Mortgaged Property shall have been sold on foreclosure of this Mortgage, Mortgagee shall have the right to receive the proceeds t the extent of: (1) any deficiency found co be due to Mortgagee :n connection with the foreclosure sale, with legal interest thereon. and NOTICE PZ-22-14439.a.. co RE w Co9 (ii) reasonable counsel fees, costs and disbursements incurred by Mortgagee in connection with collection of the proceeds and the proceedings to establish the deficiency. (c) tt the amount of the initial award of damages for the condemnation is insufficient to pay in full the indebtedness secured hereby with interest and other appropriate charges, Mortgagee shall have the right to prosecute to final determination or settlement an appeal or other appropriate proceedings in the name of Mortgagee o. Mortgagor, for which Mortgagee is hereby appointed irrevocably as attorney -in -fact for Mortgagor, which appointment, being for security, is irrevocable. In that event, the expenses of the proceedings. including reasonable counsel fees, shall be paid first out of the proceeds, and only the excess, if any, paid co Mortgagee shall be credited against the amounts due under this Mortgage. (d) Nothing herein shall limit the rights otherwise available to Mortgagee, at law or in equity, including the right to intervene as a party to any condemnation proceeding. 15. Leases. Mortgagor hereby represents that there are no leases or agreements to lease, or any other occupancy rights •:pon all or any part of the Mortgaged Property now in effect other than unrecorded tenant leases executed in the ordinary course of business. • 16. Right to Reme4v Defaults. In the event that Mortgagor should tail to pay real estate or other taxes, assessments. water and sewer rents, charges and claims, sums due under any prior :_en or insurance premiums, or fail to make necessary repairs, or per".: waste. Mortgagee. at its election and without notice to Mortgagor. shall have the right to make any payment or expenditure and to ta;ce any action which Mortgagor should have made or taken. or wnicn Mortgagee deems advisable to protect the security of this Mortgage or the Mortgaged Property, without prejudice to any of Mortgagee's rights or remedies available hereunder or otherwise. at law or 1: equity. All such sums, as well as costs. advanced by Mortgagee pursuant to this Mortgage shall be due immediately from Mortgagor to Mortgagee, shall be secured hereby, and shall bear interest at the Default Rate specified in the Note from the date of payment by Mortgages until the date of repayment, and Mortgagee shalt. be subrogated to any rights. equities and liens so discharged. 17. nits of Qeleylt. Each of the following shall tonst_t'.:te an event o default (("Event of Default") hereunder: 9:J --- 779 4 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 7 iic sibt2 43,s (a) Mortgagor's noncompliance or nonperformance c sr..: term, covenant or Condition contained in any Loan Document, any condominium documents or any document or record or of wnicn Mortgagor hat actual notice, which encumbers or applies to the Mortgaged Property. (b) The commencement of any levy, execution or attac_-,en; proceedings against Mortgagor or any principal thereof or any obligor under any Guaranty Agreement given to Mortgagee in connection with the Loan (hereinafter a "Guarantor") or any of the Mortgaged Property or any other property covered by the .can Documents which is not discharged within ninety (90) days, or the application for or appointment of a liquidator, receiver, custodian. sequestrator, conservator, trustee, or other similar judicial officer (and such appointment continues for a period of ninety ;9C) days). (c) The insolvency (in the bankruptcy or equity sense). of Mortgagor or any principal thereof, or any Guarantor, Which condition continues for a period of ninety (90) days. (4 The assignment for the benefit of creditors, or tr..e admission in writing, of an inability to pay any debts generally as they become due. or the ordering of the winding -up or liquidation of its affairs, by Mortgagor or any Guarantor, under any insolvency, bankruptcy, creditor adjustment, debtor rehabilitation or similar state or federal law. (e) The commencement of a case by or against Mortgagor 'tt not dismissed within ninety (90) days), or any principal thereof, or any Guarantor, under any insolvency, bankruptcy, creditor adjustment, debtor rehabilitation or similar state or federal laws, or the determination by any of them to request relief under any insolvency, bankruptcy, creditor adjustment, debtor rehabilitation or similar proceeding, state or federal. including without limitation, the consent by any of them to the appointment of or taking possession by a receiver, liquidator, assignee, trustee. custodian. sequestrator or similar official for it or for any of its respective property or assets. (f) The rendering by any court of last resort va decision that an undertaking by Mortgagor, as herein provided to pay any tax, assessment, levy, liability. obligation or encumbrance is legally inoperative or cannot be enforced, or the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose. c= the manner of collection of any such tax, so as to affect this Mortgage or the debt secured hereby, unless Mortgagor pays any such tax in accordance with the provisions of Paragraph B hereof. (g) If any representation or warranty of Mortgagor hereunder shall prove to be incorrect in any material respect. (h) Failure of Mortgagor to pay any installment o interest or principal and interest, or any other sum, on the date it is due under the Note or this Mortgage. (i) ,any default under any other term of this Mortgage. the Note, or any of the other Loan Documents relating hereto or thereto. (j) The conveyance of all or any portion of the Mortgaged Property, except for a conveyance to a corporation or other entity owned or controlled by Isaac Shih or a corporate affiliate, parer.; or subsidiary of such a corporation or other entity and except fcr a partnership in which Isaac Shih is a limited or general partner provided, however, that any such transferee shall assume all of the obligations of Mortgagor hereunder and agrees to be jointly and severally liable for the indebtedness represented by the Note with Mortgagor who shall remain obligated hereunder and under the Note notwithstanding said transfer, all of which shall be evidenced by, such documentation as Mortgagee may require. .9 1. - 7 7 9 4 c THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ' 18. Remedies. (a) Upon the happening of any Event of Default, this conveyance shall become absolute and the entire unpaid balance of the principal, the accrued interest and all other sums due hereunder or under the Loan Documents and secured by this Mortgage shall become immediately due and payable, at the option of Mortgagee, without notice or demand except as provided herein. (b) when the entire indebtedness shall become due and payable, either because of maturity or because of the occurrence of any Event of Default, or otherwise, then forthwith: (i) Foreclosure. Mortgagee may institute an act,lon to foreclose this Mortgage against the Mortgaged Property. or take such other action at law or in equity for the enforcement of this Mortgage and realization on the mortgage security or any other security herein or elsewhere provided for, as the law may allow, and may proceed therein to final judgment and execution for the entire unpaid balance of the principal debt, with interest at the rate stipulated in the Note to the date of default, and thereafter at the Default Rate specified in the Note. together with all other sums d..e by Mortgagor in accordance with the provisions of the Note end this Mortgage. including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes. water or sewer rents. charges or claims, payments on prior liens, completion of construction of improvements, insurance or repairs to the Mortgaged Property, all costa of suit, together with interest at such Default Rate on any judgment obtained by Mortgagee from and after the date of any foreclosure sale until actual payment is made as of the full amount due Mortgagee, and reasonable attorneys' fees for collection., or Mortgagee may foreclose only as to the sum past due with interest and costs as above provided, without injury to this Mortgage or the displacement or impairment of the remainder of the lien thereof, and at such foreclosure sale the Mortgaged Property shall be sold subject to all remaining items of indebtedness; and Mortgagee may again foreclose, in the same manner, as often as there may be any sum past due. In the event Mortgagee forecloses this Mortgage against the Mortgaged Property, Mortgagee may, at its option and :n its sole and absolute discretion, assume all rights (but not t.`.e obligation unless consented to by Mortgagee) as owner of the Mortgaged Property, and to assume all rights and privileges of Developer thereunder; or (ii) Possession. Mortgagee may enter into possession of the Mortgaged Property, with or without legal action, and by force if necessary; collect therefrom all rentals (which term shall also include sums payable for use and occupation) and, after deducting all costs of collection and administration expenses, apply the net rentals to any or all of the following in such order and amounts as Mortgagee, in Mortgagee's sole discretion, may elect: the payment of taxes, water and sewer rents, charges and claims. insurance premiums and all other carrying charges, the completion of construction of the buildings and improvements of the Mortgaged ?remises, and to the maintenance, repair or restoration of the Mortgaged Property, and on account and in reduction of the principal or interest, or both, hereby secured; in and for that purpose Mortgagor hereby assigns to Mortgagee all rentals due and to become due under any lease or leases or rights to use and occupation of the Mortgaged Property hereafter 'created, as well as all rights and remedies provided in such lease or leases or at law or in equity for the collection of the rentals. Mortgagee shall be entitled to the appointment of a receiver of all the rents. issues and profits. as a matter of strict right. regardless of the value of the Mortgaged Property and the solvency or insolvency of Mortgagor, or any Guarantor, and any other persons liable to pay such indebtedness. Mortgagor hereby specifically waives the right to object to the appointment of a receiver as aforesaid and hereby expressly consenter 91_--- 779 • 13960 434 m.,uu ,apuu nean,g cprdancew.tmekffs°a eltearyd f Miami Ccde,t ap plicada ticstiup„makinp bcdyy y di PZ-22-14439 01/16/24 del5 PHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT the .ch appointment shall he made a,han admitted equity and t-.a-t the same may be done without notice to Mortgagor; or (iii) peceiVer. Mortgagee, without regard to :.e value or occupancy of the Mortgaged Property or the solvency :f Mortgagor or any Guarantor. with or without notice to Mortgagor or any Guarantor, shall be entitled as a matter of right, if it so elects, to the appointment of a receiver to enter upon and take possession of the Mortgaged Property and to collect al: rents. revenues, issues, income, products and profits thereof and apply t;ta same as the court may direct. The receiver shall have all rights and powers permitted under the laws of the state where the Mortgaged Property is located and such other powers as the court making such appointment shall confer. The expenses, including receiver's fees. attorney's fees, costs and agent's compensation, incurred pursuant to the powers herein contained shall be secured by this Mortgage. The right to enter and take possession of and to manage and operate the Mortgaged Property, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be cumulative tt any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. Mortgagee shall be liable to account only for such rents, issues and profits as are actually received by Mortgagee. Notwithstanding the appointment of any receiver or other custodian, Mortgagee shall be entitled as pledgee to the possession and control of any cash. deposits, or instruments at the time held by, or payable or deliverable under the terms of this Mortgage to Mortgagee. (c) Mortgagee shall have the right, from time to time, t bring an appropriate action to recover any sums required to be paid by Mortgagor under the terms of this Mortgage, as they become due. without regard to whether or not the principal indebtedness or any other sums secured by the Note and this Mortgage shall be due, and without prejudice to the right of Mortgagee thereafter to bring an action of mortgage foreclosure, or any other action, for any default by Mortgagor existing at the time the earlier action was commenced. (d) Mortgagee shall have the power and authority to institute and maintain at any time and from time to time any suits and proceedings as Mortgagee may deem advisable: (i) to prevent any impairment of the Mortgaged Property by any acts which may be unlawful or any violation of this Mortgage; (1i) to preserve or protect its interest in the Mortgaged Property; and (iii; :o restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement of or compliance with such enactment. rule or order might impair the security hereunder or be prejudicial to Mortgagee's interest. (e) Any real estate sold pursuant to any writ of execution issued. on a judgment obtained by virtue of the Note or this Mortgage, or pursuant to any other judicial proceedings under this Mortgage or the Note, may be sold in one parcel, as an entirety, tr in such parcels, and in such manner or order as Mortgagee, in its sole discretion, may elect. Upon any such foreclosure sale, Mortgagee may bid for and purchase the Mortgaged Property and, upon compliance with the terms of sale, may hold. retain, possess and dispose of such Property in its own absolute right without further accountability. Mortgagee is hereby authorized. at its option. to conduct any such foreclosure sale subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted by•Mortgagor to be, a defense to any proceedings instituted by Mortgagee to collect the sums secured hereby. (f) Notwithstanding anything contained herein to the contrary, Mortgagee shall not exercise any right or remedy provided for herein because of any default of Mortgagor unless Mortgagee shall have first given written notice thereof to Mortgagor and Mortgagor shall have failed, in the event of a monetary default, toy, 9 rTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT iG, PZ-22-14439 9,�,F 01/16/224 ,the outstanding sums within a pe iod of thirty :3:; :a_ea4a da)s after the receipt of such notice of such default. or in the event of a non -monetary default, Mortgagor shall have failed. .ritnin a period of thirty (30) days after the receipt of such notice of such default, to correct the non -monetary default, or if suon non -monetary default is of a type which cannot be cured wi_n_n thirty (30) days, Mortgagor shall have begun to correct such de`_a_:,: and thereafter Mortgagor proceeds diligently to correct s..:on default; provided, however, that Mortgagee shall not tot required to give any such notice or to allow any part of the grace period if Mortgagor shall have filed a petition in bankruptcy or for reorganization or a bill in equity or otherwise initiated proceedings for the appointment of a receiver of Mortgagor's assets, or if Mortgagor and such appointment and such receivership is not terminated within thirty (30) days. Notwithstanding anything contained herein to the contrary: (1) Mortgagee shall not be required to give any such notice or to allow any grace period more than two (2) times' in any twelve (12) month period with respect to substantially similar events of default: and (ii) Mortgagee shall be permitted to cure any default by Mortgagor without giving any such notice or allowing any part of the grace period if Mortgagee determines, in its sold judgment, that its security maybe threatened or impaired by reason of such default. 19. Rights and Remedies Cumulative. (a) Except to the extent set forth herein. the ri;h-.s and remedies of Mortgagee as provided in the Note, this Mortgage, and every Loan Document, shall be cumulative and concurrent: may to pursued separately, successively or together against Mortgagor or against the Mortgaged Property, or both, at the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall arise. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. (b) Any failure by Mortgagee to insist upon strict performance by Mortgagor of any of the terms and provisions of this Mortgage or the Note shall not be deemed to be a waiver of any of the terms or provisions thereof, and Mortgagee shall have the right thereafter to insist upon strict performance by Mortgagor of any and all of them. (c) Neither Mortgagor, any Guarantor or any other person now or hereafter obligated for payment of all or any part of the sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor, any Guarantor or of any other person so obligated to take action to foreclose on this Mortgage or otherwise enforce any provisions of the Mortgage. Note, or any other Loan Document. or by reason of the release. regardless of consideration. of all'or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note. or any other Loan Document, without first having obtained the consent of Mortgagor. any Guarantor or such other person; and in the latter event, Mortgagor, any Guarantor and all such other persons shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Mortgagee. (d) Mortgagee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without. es to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien. (e) Notwithstanding anything to the contrary contained herein, the Mortgagee's sole and absolute remedy in the event of a default on the terms Of. this Mortgage is to foreclose against tte Property on which a mortgage has been granted Mortgagee shall have 7 7 9 4i THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 4 I3943? PZ-22-14439 no right to seek or obtain a judgme“ against the Mortgagor for an, deficiency existing following the foreclosure sale, or at:amp: attach or levy on any real, personal, tangible or intangible property (other than the Mortgaged Property) of the Mortgagor respect to payment of amounts due under this Mortgage. A of this Mortgage and Note atteChed hereto shall not cons-'- -e a default on any other Note or Mortgage held by the Mortgagee. 20. Mortgagor's Waivers, Mortgagor hereby waives and releases: (a) all errors, defects and imperfections _n any proceeding instituted by Mortgagee under the Note. this Mortgage and/or any other Loan Document; (b) all benefit that might accrue to Mortgagor by v:rt•,:e of any present or future law exempting the Mortgaged Property.or any part of the proceeds arising from any sale thereof, fron attachment, levy or sale on execution, or providing for any stay cf execution, exemption from civil process or extension of tine :or payment; and (c) unless specifically required herein all notices of Mortgagor's default or of Mortgagee's election to exercise, c_ Mortgagee's actual exercise of any option under the Note, this Mortgage, or any other Loan Document. 21. Marshalling( of Asgets. The right is hereby reserved by Mortgagee to look to any of the Mortgaged Property secured hereby or under any property secured by a Mortgage acting as additional collateral for the debt evidenced hereby, if any, without notice to. consent of, or the approval or agreement of other parties :n interest, including junior lienors, and such dealing shall not impair in any manner, the validity of or priority of this Mortgage or the Mortgaged Property, nor shall it release Mortgagor from personal liability for the indebtedness hereby secured. Mortgagor on its own behalf and on behalf of its successors and assigns hereby expressly waives all rights to require a marshalling of assets by Mortgagee or to iequire Mortgagee, upon a foreclosure, to first resort to the sale of a portion of the Mortgaged Property «n:Ct might have been retained by Mortgagor before foreclosing upon and selling any other portion as may be conveyed by Mortgagor sub: ect to this Mortgage. 22. Counsel Pees. If Mortgagee becomes a party to any suit or proceeding affecting the Mortgaged Property or title thereto, :ne lien created by this Mortgage or Mortgagee's interest therein, if Mortgagee engages counsel to collect any of the indebtedness o_ to enforce performance of the agreements, conditions, covenants. provisions or stipulations of this Mortgage. the Note, or any other Loan Document, Mortgagee's costa. expenses and reasonable counsel fees, whether or not suit is instituted, shall be paid to Mortgagee by Mortgagor, on demand. with interest at the Default Rate set forth in the Note, and until paid they shall be deemed to be part of the indebtedness evidenced by the Note and secured by this Mortgage. 23. Communications. All communications required under this Mortgage, the Note or any of the other Loan Documents shall be :n writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested, addressed to Mortgagor and Mortgagee at the address set forth in the heading of this Mortgage. or to such other address as either party may designate from time to time by notice to the other in the manner set forth herein. 24. Representations' and warranties. In order to induce Mortgagee to make the Loan, Mortgagor represents and warrants that: (a) the execution and delivery of the Note. this Mortgage and a:.;. other Loan Documents do not and shall not (i) violate any provisions of any law, rule, regulation. order, writ, judgment, injunction. decree, determinationor award applicable to Mortgagor or any other person executing the Note, this Mortgage or other Loan Documents;', 11' 9 - 77s 48 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT IF1 C i i 60 43,3 1/16/24 nor (ii) result in a breach of, or constitute a default under. any indenture, bond, mortgage, lease, instrument, credit agreement. undertaking, contract or other agreement to which Mortgagor or such other person is a party or by which either or both of them or their respective properties may be bound or affected: (b) the Note, ttis Mortgage and all other Loan Documents constitute valid and binding obligations of Mortgagor and any other person executing the same, enforceable against Mortgagor and such other person(s) in accordance with their respective terms except to the extent limitations are imposed by reason of laws relating to bankruptcy, reorganization or similar laws affecting the employment of creditor rights generally: (c) all financial statements of Mortgagor and any guarantors) of the Loan delivered to Mortgagee fairly present the correct respective financial conditions of Mortgagor and any such guarantors) as of their respective dates, and the foregoing shall be true with respect to all their financial statements delivered to Mortgagee hereafter; (d) Mortgagor and any guarantor(s) of the Loan have duly obtained all permits, licenses, approvals and consents from, and made all filings with, any governmental authority (and t.e same have not lapsed nor been rescinded or revoked) which are necessary in connection with the execution and delivery of t:::s Mortgage and any other Loan Document. the making of the Loan. the performance of their respective obligations under any Loan Document. or the enforcement of any Loan Document. Mortgagor acknowledges and agrees that Mortgagee is relying on the representations and warranties in this Mortgage and all other Loan Documents as a precondition to making the Loan, and that all such representations and warranties shall survive the closing of the Loan and any bankruptcy proceedings. 25. Amendment. This Mortgage cannot be changed or amended except by an agreement In writing duly executed by the party against whom enforcement of the change is sought. 26. Definitions. whenever used in this Mortgage, unless the context clearly indidates a contrary intent: (a) the word "Mortgagor" shall mean the person who executed this Mortgage and any subsequent owner of the Mortgaged Property and his respective heirs, executors, administrators. successors and assigns; (b) the word "Mortgagee" shall mean the person specifically named herein as "Mortgagee" or any subsequent holder of this Mortgage; (c) the word "person" shall mean individual, corporation. partnership or unincorporated association; (d) the use of any gender shall include all genders: (e) the singular number shall include the plural and the plural number the singular as the context may require; and (f) if Mortgagor be more than one person, all agreements. conditions, covenants, provisions, stipulations, warrants of attorney, authorizations, waivers, releases, options, undertakings. rights and benefits made or given by Mortgagor shall be ioint and several, and shall bind and affect all persons who are defined as "Mortgagor" as fully as though all of them were specifically named herein wherever the word "Mortgagor" is used. 27. Captions. The captions preceding the text of t!.e paragraphs or subparagraphs of this Mortgage are inserted only for convenience of reference and shall not constitute a part of this Mortgage, nor shall they in any way affect its meaning, construction or effect. 28. Oplicable Law, This Mortgage shall be governed by and • construed in accordance with the laws of the State of Florida. no Lorne. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE'END OF THIS DOCUMENT aEC 13960 439 NOTICE siarrnMal needs to to saedir.0 lore ,ere n:n-m, lln 0weemss �/intrn Op ei a9 PZ 22.14439 01/16/24 29. Jurisdiction. Borrower consents to the excl:sive jurisdiction of the courts of the State of Florida and the Federal Courts located in Florida in any and all actions and proceed:.r.ys whether arising hereunder or under any other agreement :r undertaking. 30. Venue. Mortgagor agrees that venue for any action bra•.:q:^t by Mortgagee under this Mortgage, the Note Or the Loan Docu: en:s shall be Dade County, Florida. 31. Mortgagee's Consent. So long as Mortgagor is not In default of either the Note or this Mortgage. Mortgagee shall be required to join in or consent to any easements, dedications. rats or other applications or documents relative to the zen:ng. development of or construction upon the Mortgaged Property within ten C10) days of written request by Mortgagor, provided, however, Mortgagee incurs no expense with respect to same. IN WITNESS WHEREOF, Mortgagor has caused this Mortgage to be duly executed on the day and year first above written. MIAMI CHINESE COMMUNITY CENTER L:'O., a Florida limited partnership By: MIAMI CHINATOWN DEVELOPMENT CORP., a Florid corporation, General Partner By: STATE 0P FLORIDA ) ) se. COUNTY OF DADE ) Pres` eed I HEREBY CERTIFY that on this day, before me, an offLcer duly authorized in the State and County aforesaid to lake acknowledgements personally appeared Isaac Shih well known to me to be the President of MIAMI CHINATOWN DEVELOPMENT CCR?., a Florida corporation. and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the tr::e •corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 12th day of January, 1988. fir., ,,,, BLic ii:::6gY11:v. State of Florida at :POW) b ;' t.My Commission Expires: .syacp�., c' `. ..' c (NOTARIAL SEAL) :'?.._i , ;• DAG104 attar PYgre start Or'Latta �r etaiutat U. Ote. •. Nt aat0 Mil Rout tN. are, 9 1. --- 7 7 E O THIS DOCUMENTIS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT This subrredg needs to he in accordance vel, ee, led for amCIty of blic hearing ewteThe 4.1. �fabn pgbyonll rNeervaloon at peek Aerre to!elder a recommenciatlor PZ-22.14439 01/16/24 rnOMISSORY NOTE S 527,500.00 Miami, Florida November i0, Isee FOR VALUE RECEIVED the undersigned promises to pay to the order of LOUIS LaFONTISEE, AS TRUSTEE, the principal sum Of Five Hundred Twenty Seven Thousand Five Hundred and no/Lo0 Dollars (S527,500.00),.together: with interest thereon.from date, at the rate of Ten Percent (10%) per annum until maturity, said principal and interest being, payable in lawful money of the United States or its equivalent, in consecutive monthly installments of Five Thousand six Hundred, Sixty Eight and 54/100 Dollars ($5,668.54), with the first such installment becoming due and payable December 10, 1988, and with the entire balaance or principal and all unpaid interest becoming due and payable November 10, 1994, at:. Suite 301 3121 Commodore Plate Miami, Florida 33133 This note may be prepaid in whole•or in part at any time without penalty. Each maker uud endorser severally waives demand, pro- \ test and notice of maturity, nonpayment or protest and ail requirements necessary to hold each of them liable \ s mak�+fs and endorsers. Each maker and endorser further agrees, jointly and \\severally, to pay all coats of collection, including a reasonable attorney's tee in case the principal of this note or any payment on the principal or any interest thereon is not paid at the respective maturity thereof, or in case it becomes necessary to protect the security hereof, Whether suit be brought or not. This note and deferred Shterest payments shall near ln: n:•,.f • ne vhf4 vnNn nr Fi rhnnn Pnrcnnt (1S%) hnr. annum Erum ,arum .y until paid. !h)S% i!'.t's St . el rn5 hia r.:%:r.heme TI:r.s -g; .'. gage of even date herewith and is to be construed and endprced according to the laws of the State of Florida: upon default in the payment of principal and/or interest due on any note .secured by said mortgage, all notes so secured and remaining unpaid shall forthwith become due nd payable notwithstanding their tenor. MIAMI CHINESE COMMUNITY CENTER, LTD. Florida Limited Partnership Sy: MIAMI CHINATOWN DEVELOPMENT =HIP., . Florida corporation, (Genera Partner) t\J‘), tUyt isaaC Shill, President Attest: Joan Shih, Secretary sJ - 779 51 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT S170,00 PROM:ssc "` , .fir Miami. Florida January 12, 1989 FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CENTER, LTD.. a Florida limited partnership having its principal business offices at 1823 BisCayae Boulevard, Apt. 14, Miami, Florida 33132 ("Maker"), promises to pay to the order of flTERAMERICAN ENGINEERING CORPORATION. a Florida Corporation, with offices at 150 S.E. Second Avenue. Miami. Florida 33131 ("Payee') the principal sum of ONE HUNDRED SEVENTY THOUSAND and 00/100 DOLLARS ($170,000.00) lawful money of the United States of America at the time of payment, together with intereet from the date hereof, at the rate and on the terms set forth herein, as follows: The per annum interest rate on the unpaid principal balance outstanding shall be a rate equal to tan and one -bait (10 1/2%) percent. Maker shall pay equal monthly installments of principal and interest is the amount of One Thousand Light Rundred SeventY Nina and 18/100 ($1.679.18) Dollars without demand, set-off or deduction, on the twelfth (12th) day of each calendar month from the date hereof beginning February 12. 1989. through the twelfth (12th) daY of February, 1996 (the "Maturity Date") on which date the entire' unpaid principal balance of this Note and all interest accrued thereon and all other sums payable hereunder ahall bs immediately due and payable in Lull unless extended as provided for herein. Principal payments shall be amortized over a fifteen (15) year period. The principal and interest shall be payable at the office of Payee set forth in the heading hereof. or at such other place as Payee. from time to time. may designate in writing. Maker shall have the right to prepay this Note. in whole or in part. at any time after the third (3rd) anniversary date of this Note, without penalty, provided that any partial prepayment shall be applied first to accrued interest and then to principal. Prior thereto. any prepayment' shall be subject to a penalty equal to all interest that would have accrued during the first three (3) years of the term hereof had no prepayment been made less all payments o: interest made prior to such prepayment. Payment of this Note is secured by a mortgage dated January 12, 1989 intended to be recorded forthwith. from Maker to Payee. upon certain real property situated in Dade County. Florida. together with the buildings and other improvements now or hereafter constructed thereon. more particularly described in the Mortgage (and herein referred to as the •Property'). All of the agreements, conditions. covenants. provisions and stipulations contained in the Mortgage and any other loan documents which are to be kept and performed by maker are hereby made a part of this Note to the same extent and with the same force and effect as if they wars fully set forth herein, and Maker covenants and agrees to keep and perform them. or cause them to be kept and performed, strictly in accordance with their terms. Any default by Maker under the Note or Mortgage (the 'Loan Documents") may, at Payees option, be treated as as event of default hereunder. It is further understood, however, that should any default be made in the payment of any installment of principal or interest on the date on which it shall tall due, or in the performance of any of the agreements. conditions, covenants, provisions or stipulations contained in this Note. the Mortgage or any other Loan Documents. than Payee, at its option and without notice to Maker unless expressly required elsewhere herein. may declare immediately due and payable the entire unpaid balance of principal with interest accrued thereon at the then otherwise applicable rate 'pacified hereinabove to the date of default and thereafter at a rate equal to the lesser of: (a) eighteen percent (38%) per anis= or (b). the maxilmma legal 91-- 779 -1- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT raze atiaL itterest chargeable to lak twh th lesser raze _t herei r referred to as the Defau- ate) and all other s-T.s due by .,alter hereunder or under the Loan Documents, anything rereift or in the Loan Documents to the contrary totwithstanding; a:d payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to Payee _t this Note. the Mortgage or the Loan Documents. in such case, Payee may also recover all costs of suit and other expenses in connection therewith, together with a reasonable attorneys' tee for collection, together with interest on any judgment obtained by Payee at a rate which shall be equal to the Default Rate, including interest at that rate from and after the date of any execution, ;udicial or foreclosure sale until actual payment is made to Payee of the full amount due Payee. The failure of the Payee to exercise such option to accelerate the indebtedness evidenced hereby shall not constitute a waiver of the right to exercise such option at any other time so Long as such event of default remains outstanding and uncured. Payee shall not exercise any right or remedy provided for herein beceuse of any default of Maker unison Payee shall have first given written notice thereof to Maker and Maker shall have failed, in the event of a monetary default, to pay the outstanding sums within a period of thirty (30) calendar days after the giving of such notice of such default or in the event of a non -monetary' default, Maker shall have failed. within a period of thirty (30) days after the giving of such notice of such default to correct the non -monetary default. or if such non -monetary default .s of a type which cannot be cured within thirty (30) days. Maker shall have begun to correct such default and thereafter Maker proceeds diligently to correct such default: provided. however. that Payee shall not be required to give any such notice or to allow any part of the grace period it Maker,shall have filed a petition in bankruptcy or for reorganization or a bill LA equity or otherwise initiated proceedings for the appointment of a receiver of Maker's assets, or if Maker shall have made an assignment for the benefit of creditors, or if a receiver or trustee is appointed for Maker and such appointment and such receivership is not terminated within thirty (30) days. The remedies of Payee as provided herein. or in the Mortgage. and the warrants contained herein or attached hereto or contained in the Mortgage. shall be cumulative and concurrent. and may be Pursued singly, successively or together at the sole discretion of Payee. and may be exercised as often as occasion therefor shall occur; and the failure to exorcise any such right or remedy shall Maker hereby waives and releases all errors. defects and imperfections in any proceedings instituted by Payee under the terms of this Note or of the Mortgage or any other Loan Documents, as well as all benefit that might accrue to Maker by virtue of any present or future 'awe exempting the Property, or any other property, real or personal. or any part of the proceeds arising from any sale of 3,l„ A.,ATf, Oftmemtob.. L-., ..LY -.-.�W rAYrV�rVN• or providing for any stay of execution to be issued on any Judgment recovered on this Note or in any action to foreclose the Mortgage, exemption from civil process, or extension of time for payment; and Maker agrees that any real estate that may be levied upon pursuant to a Judgment obtained by virtue hereof, on any writ of execution issued thereon, may be sold upon any such writ in stole or in part in anY order desired by Payee. Except to the extent set forth herein. 'Maker and all endorsers, hereby waive presentment for payment, demand. notice of demand. notice of nonpayment or dishonor, protest and notice of protest of this Note,•and all other notless in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note, and they agree that the liability of each of them shall be unconditional. joint and several, without regard to the liability of any other party, and shall not be affected in any manner by any j indulgence, extension of • time. renewal, waiver or modification -2- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT c...,ited or consented to by Payee.:Maker and all endorsers, ;se : to any and all extensions of time, renewals, waivers modifications that may be granted by Payee with :aspect to :ne payment or other provisions of this Note, and to the release of t-e collateral or any part thereof, with or without substitution. and agree that additional makers, endorsers, stuarantors or curet -es '.y become parties hereto without notice to them of affecting e:,r '_ 1 Ah1 1 1 tv haranri lnr If anY provision of this Note is held to. be invalid or unenforceable by a court of competent jurisdiction. the ct,.':er provisions of this Note shall remain in full force and effect and shall be liberally construed in favor of Payee in order to effect the provisions of this Note. In addition, in no event shag) : e rate of interest payable hereunder exceed the maximum rate of interest permitted to be charged by applicable law (including the choice of law rules) thereinafter the "Maximum Legal Rate") and any interest paid in excess of the permitted rate shall be refunded to Maker. Such rotund shall be trade by application of the excessive amount of interest paid against any sums outstanding and shall be applied in such order as Payee may determine. If the excessive amount of interest paid exceeds the sums outstanding. the portion exceeding the said sums outstanding shall be refunded in cash by Payee. Any such crediting or refund shall not cure or waive er^,y default by Maker hereunder. Maker agrees, however, that :n determining whether or not any interest payable under this Note exceeds the highest rate permitted by law. any non -principal payment, including, without limitation, prepayment fees and )ale charges, shall be deemed to the extent permitted by law, to to an expense. fee. premium or penalty rather than as interest. Payee shall not be deemed. by any act or omission or commission. to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee. and then only to the extent specifically set forth in the writing. A waiver an one event shall not be construed as continuing or as a bar to o waiver of any right or remedy to a subsequent event. This instrument *hall be governed by and construed according to the laws of the State of Florida. Maker consents to the exclusive jurisdiction of the courts of the State of Florida and .:ne federal courts Located in Florida in any and all actions and proceedings, whether arising hereunder or under any of the Loan Documents. Whenever used. the singular number shall include the plural. the plural the singular, the use of any gender shall be applicable to all genders, and the words "Payee" and "Maker" shall be deemed to include the respective heirs. personal• representatives, successors and assigns of Payee and Maker. This Note May not be amended or modified, nor shall any waiver of any provision hereof be effective. except by an instrument n writing executed by Maker and Payee. -3- 91-- 779 tio THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Art. 15 '69 14:$e a00e Pwcfae REAL.YY TEL 2-601-351. rrneeea m x aeneeuiea wr a p.... in accordance the anof MNmI C.. The aepgube Ealslgnmatlng bW. Tern McInIMO. Aklea.ingto reritle�a recommerrnm Maker, intending to be legally bound hereby, has caused this Note to be executed as of the day and year first above written. This Note Consist$ of four (4) pages. DAGl03 MIAMI CHINESE COMMUNITY CENTER tT'D• a Florida limited partrerahtp By: MIAMI CRINATOWN DEVELOPMENT CORP., a Florida corporat.o . General Partner By: 41-'="sident Dec. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 4:42 i24130 PEKOE a.r i b, lye L) : b;4E 14 '' COMM le ZNo firdK+ ai ntl NM, $ 1,500,000,00 Mewing AO 4sMA Ma. --- a Retiitni Chdw link pelted* Mar* 10, NOTICE recertmentlPZ 22-14439 9,r 01/16/24 Y REVIEW CC"4 !tr The metes tk tette Non, minket mobil, Wife "Or, If P Y Of ;WOW (ell of atom *1 hMlnifter Is,Wd1Y in ate Spin 'Qbnice '!, ;oi,t(r sae own tuemtgs t a tsw to the raer of CZNIOUDATED /ANK. N A., bald bur and ii p OLSwwssM fandv haanalMr pled "Molder^;, rR le Nike et e0D 4/ Street. Nisbet. ft Wide 21012 far at gait ether 04ca tt the Mina hereof may ddirt*, tit om of Gb-=LUX irM bi[.t = — emit infant. at . rags pie ram *high et ell tlmM eta be.wiaIMram Ow ilnym Win the ibieP Rote er G distant Alfa !et I twni. are data! en Use Mans tweefl, lash Otago In Ng inure* ben resign from Via* in IN aim rota a aeon Plan par bt off we,ire CA day et bout boon thongs to the Mao Pieta et OlNwnt Rat MnllHI lad MHtiet I • eb be Mid Wenn: tit Cr pr mclpal each in the SIMC alt of riveThousand Dollars 4111111111110884 together with interest, shall bar and payable tmnthly beginning April 1, 1983 Cos the fixat day of eacheucxsedirg tecntz unt.1. larch 11, 19613 vtaan the entice principal balance and all accruedacre u = irstargls: &bull be due pad payabsle. to tip arena isle note la ensivsed by Obiteer with irdiUGen el the t/pregitatR rota dWQMban My1Ag bran Inadvertent1 we;usd obey* o: Molder, the Helder mar mark the a'propr4ro rote designator t0 este senses *fah 'giant emission, and Obitgor egrets to ire bound thereby ea 1 opOrOprttts bet* deMgnsMdn red been ptgtue1Y lndlcsted slier to ea it mteeunee of this note. as goes Inglis Imam a, Yee germ "Cilla4n1` Oa rearm then i1 II ep..iflteW %absrduted N tria iota wanner aim ill peewit. elanti OYl.gv err F:+ sweets, solo Ail wattserrONip.rWhir auetodr,Walt tdi--1*.attleeterue.uteaethatsiirantheanuseroenaeuahrpostillions1,aintransitta MOW in *syenalro , ht IonNptadpnte or wan sa du Mehl al Hera point bN der+esto wad ersdiu M ash aware earth. tram: rains al awn *air 41 r the Mcldmtoaany1nw wiMtBu. Witt resold emote. the tMnlle uWraUnd eat VeH514w It WYMrlaa. mars Unser Sanaa taiga Ott help is lope►Yen erns i. M stele or 4 p614 and, N WO ifdw M Ike HNdff *ay Uwe Is the amnia o1 er as a roseate roost int w fret et the thlieewtM rap dtttnad in isle ,nrrn.n. a- akwMretnr oeeaterat Manbr is donned ad.1Y.te et net Aa tad N ea the Unit `Obligatlire- snag roar re lei imlabeednIsa "miaow,/ ci !Ai - sM W renseewt SAE eWitVWtWS Amer and elsina of leery aura end detetlnaM of the Nel0. *gather eht OWlpra wnwha krwsnt ar Miro ter•bsno en. wain, M the INNta all whiter hat savant, mews. torn/tam new'ad entnatYred. 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AM ak0 twee la ha pee a me poses .IbQ_M liesetilipem i . en..n �. « ...»..,. • -... _..- .. . .._. a. d rn ai .4 bear -phi u M iiw;*5 W M1 trwhria'w5M~a �ia rraw pwft.wwm iA iwp 4 1 appease M she leap all the raaowe sill M the bile. The 0.14016 AS is neap► mad smolt M4W lere/ MdMf,4 r4 Mewed W teas aft ell hew rpleseid Melanins.. noes, saethaes eef4:ns- iru omega oI ebw4d Mel wblame oral Maw, end wi0rintise lb.r read ea.Mwlwr song nada The *.nose elate taros we tandnasrl tea emir. oaawre es. -dnlYaiialM. assigns aid oeeiefu rt tl eash wit every Okla* endow wow le04IMfMt a N Mt Ms� 1. p \won wad iwlg*p. The stets 4 wawa ,nwv ;•+a awl ef seek el gag Mbligire. 9 7'7 9 �, THIS DOCUMENT IS A SUBSTI TO ORIGINAL. BACKUP ORIGI BE SEEN AT THE END OF THIS DOCUMENT 15' 110 f TUTION NAL CAN 2220 _-L C SS4_ S263,500.00 °OM:SSOR'_' NOV:: This nilament needs to be scbed led fora pubic bearing ia accordance w.n timelines set mnn in me city of Miami Code. The applies tie decision -making bedy will review -the mfonnaorn zone pubic nearing to render a recommended on or a Peal der id on. PZ-22-14439 hoverr.ne 7_, .iEE 01/16/24 FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CE.N"'ER, LTD., a Florida limited partnership (hereinafter called "Maker'') hereby jointly and severally promises to pay to the order of C! :CORP SAVINGS OF FLORIDA, a federal savings and loan association (hereinafter called "Association") at 1 Citicorp Savings Plaza, 8750 Dora'. Boulevard, Miami, Florida, in lawful money of the United States, in immediately available -funds, the principal amount of Two Hundred Sixty -Three ThouSand Five hundred Dollars (S263,500.00), or so much thereof as is advanced, with interest computed on the unpaid principal balance thereof from time to time outstanding from the date hereof until maturity at a fluctuating interest rate per annum equal to one and one -quarter percent (1.25%) per annum above the Base Rate (as hereinafter defined) in effect from time to time, which rate shall change as and when said Base Rate shall change during the life of the note (but not to exceed the maximum lawful rate permitted under applicable law). "Base Rate" shall paean the annual rate of interest announced from time tg tiMf• by r•i ihnnlr t t t•_. Its.' uaaC Luce. :ne Base rate .s neither tied to any external rare,.o€.,i^rere-o -r i:es'esr. actua. y charged oy Citibank, N.A., to any particular class or •ntegory fits customers. If, for any reason, Citibank, N.A. '.its nil pub.isn a "base rate," then Base Rate shall mean that rate i:barest published in the all Strvurnal under the column entitled "MONEY RATES" under the heading "Prime Rate." in the event that the Prime Rate published by the Wall Street Journal is a range, the Base Rate shaL1 bs�Lil'+ iRl�ttiRl: UnIajustersimulianeorusly with adjustments.in the Base Rate. Interest rate changes shall be made immediately and shall apply on the outstanding pr.nct_pal balance due on this Note.. Commencing on January 1. 1989. and on the first ':ay of each an every month thereafter until January 1, 1994 pr..acipai payments of !!44111141116 shall be due and payable together with monthly interest payments. computed as above provided. l'he balance of all accrued but unpaid interest and all principal :en remaining unpaid shall be due and payable on January . :994. This Note shall be prepayable in whole or in part without penalty at any time. Partial prepayments shall be applied to installments of principal to become due thereon in the inverse order of the maturity thereof and all prepayments shall be accompanied by an amount equal to the interest accrued thereon to the date of receipt of such prepayment in collected funds. This Note is secured by (i) that certain Mortgage and Security Agreement executed by Maker in favor of the Association dated of even date herewith (the "Mortgage"); (ii) that certain Assignment of Leases and Rents of even date herewith executed by Maker in favor of Association; and (iii) that certain Guaranty executed by Isaac Shih and Joan Shih, his wife, in favor of Lender dated of even date herewith. All payments made hereunder shall be credited first to Association's expenses, if any, then to interest and then to principal; however. in the event of default, the Association may. in its sole discretion. apply env oaVMent rn ♦acnr+-•���' .rnet�w ��-• •.... e• 4ul.lpa1 anaior any lawful charges then accrued. It is intention, of the parties hereto chat one provisions herein ;hall not provide directly or indirectly for the payment of a q:eater rate of interest or tht rerention o: ar.y other charge thar it i'.lowed by applicable :awl If for any 91-- 779 57 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT azee "4: . 111-42. 411 ason, interest in excess of such legal rate or a charge prohibited by law shall at any time be paid, any sues excess shall either constitute and be created as a payment oft print:ea: cr be refunded directly to the Maker. ...tea. coo uou pr i:'..- ea: shall ^,ct be paid within fifteen (L) days after they become due or snc�:•! there be a failure to romp:y with any of the terms and ccve-.ar.ts contained herein or in any agreement securing this ;tote, including but not limited to the Mortgage, or in any other instrument now or hereafter existing and reiair,q cr pert: to this Note, beyond any appiic:aule cure periods, if any, teen such shall constitute an event of default hereunder ;"!vent Default") and the entire principal sum and accrued interest sa:: become due and payable at once, at the option of the Association. Upon the occurrence of an Event Qi �irf,ni* rho r.t..r.i c„ ....s„;„ ...va.u, plus accrued interest, shall bear interest at a rate of four percent (4%) per annum above the ease Rate specified above (not to exceed the maximum /awful rate permitted ;ender applicable law) Cthe "Default Rate") computed from the date of default and continuing until such default is'cured. :n the event of the acceleration of this Note, the total for interest and the nature of interest shall not exceed the maximum al:owed by applicable law, and any excess portion of such charges shall be refunded to the Maker hereof at the time of acceleration. Such crediting may be made by application of the amount involved against the principal su*rns then due but such crediting she:: at cure or waive the default occasioning acceleration. Upon Occurrence of an Event of Default, the Associat:c."..~a: institute appropriate legal proceedings against the Obligors :fir purposes of this Note, Obligor shall mean each and every party tc this Note, whether as Maker, endorser, surety, guarantor cr otherwise) to obtain judgment on the Note and/or to exercise its rights and remedies as a secured party under Florida's Untform Commercial Code or other applicable Law. Upon the occurrence of an invent of Default, the Association shall have the riche, at its option, immediately and without further action by it, to se_ tf against the Note all monies owed by the Association in any capacity to any of the Obligors and also to set off against t:-e Note, all other liabilities of the Association to the Maker and all monies owed by the Association in any capacity to the Maker. The Association shall be deemed to have exercised such right of setoff and to have made a charge against any such monies immediately upon the occurrence of such default even thou;h such charge is made or entered on the books of the Association subsequent thereto. The Association may at any time in its sole discretion compromise, settle or extend the time of payment of' any of the demands or obligations under this Note, •and all of the parties liable for the payment hereof hereby make, constitute and appo:t: the Association, his or their true and Lawful attorney for this purpose with full power and authority to compromise, settle or extend payment of said demands or obligations and to acquire, satisfy or discharge the same of record, or otherwise, as the parties liable for the payment or collection hereof might, or could', do if personally present. Each' Obligor agrees. jointly and severally, to pay all costs of collection, including attorneys fees. Each Obligor agrees, jointly and severally, to pay all costs of fees and attorneys' fees on appeal, in case any of the principal and interest due en this Note shall not be paid or should there be a failure to comply with any of the terms contained herein, or to enforce the terms of this Note, whether suit be brought or not. Each Obligor hereby waives demand, except as herein set forth. presentment. protest, notice of protest, and notice Of dishonor, and agrees to pay all costs, including attorneys' fees -2- NOTICE °m PZ-22-14439 01/1 6/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • NOTICE alit ny attorneys' fees incurred or. �eal, whether suit be 9���/1sre b ht or not, f counsel shall aftL. maturity of this Note default hereunder be employed to collect this Note, or to eniorte the terms of this Noue. Each Obligor hereby consents to any modifications, replacements, extensions or renewals of this Note or any oar, thereof by the Maker and Association without need of .notice, and agrees that it will remain liable as such during any modification, replacement, extension or renewal hereof tint:: --.a debt represented hereby is fully paid. Each Obligor ^crser=s ._ and waives notice of any and all waivers and modifications ::::IL may be granted by the Association with respect to the payment c. other provisions of this Motu, or to the release of any Obligor or any r_dllateral or any part thereof with or without substitution. The Association shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver shall be in writing and signed by the Association and then only to the extent specifically set forth therein; a waiver in one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. Notwithstanding anything contained herein to the contrary. no payee or holder of this Note shall ever be entitled to receive, collect, or apply as interest on the obligation any amount in excess of the maximum lawful rate under applicable law, and in the event the payee or any holder hereof ever receives. collects, or applies as interest any such excess, such amcun: which would be excessive interest shall be applied to the reduction of the principal debt: and, if the principal debt :s paid in full, any remaining excess shall forthwith be retuned :o the Maker. in determining whether or not the interest paid or payable under any specific contingency exceeds the highest Lawf,:l rate, the Obligors and Association shall, to the maximum extent permitted under applicable law (a) characterize any non -principal payment as an expense, fee or premium rather than as interest, (b) exclude voluntary prepayments and the effects thereof, and (c) "spread" the.total amount of interest throughout the maximum term of the obligation so that the interest rate is t;r.::or- throughout the entire term of the obligation. Wherever used, the singular number shall include the o_,:ra:. and the use of any gender shall include all genders, wherever the context so admits. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed the day and year first above written. MIAMI CHINESE COMMUNITY CENTER. LTD., a Florida limited partners^.:; Ay: M:AHL CHINATOWN DEVELOPMENT CORP.,a Florida corporation. its general partner jfh345f By: -3- ISAAC SHIN its President 91- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT sfr9400.oa Thar submittal reedsto be echeaulea for a pubic nearing in accordance van tlamines set torch time city of Miami Cade. The marinade tlxivon-making body will review the information at the pubic hearing to render a recommendalon or a Ina idecla on. FOR VALUE eaten/ID, the undersigned jointly and severely thereinafter elated "ierroserei yenlse to pay to the order of LAStURN KAT2Off l $ANK, a national banking association (hereinafter called eLenderel, the principal sum of Oat ampere stvvr - Piet TNOUSANO DOLLARS (e115,000.00) together with interest thereon free the date hereof et per ammo rate metal to one are one-half percent CThX) above the Prier Rate (as defined beia). Interest shell be calculated on the bash' of a 360•day veer for the actual nurber of days elapsed. The princieel and interest shall be due end payable in lawful currency of the United States of Aaariea et '66 *axe le Leon seuteverd, Coral eabtes, Pteride, or at such other pleas as the larder or holder hereof flay hereafter designate in er tine, es fellows: (a) camencing en April Zt, iSISO, there Mali be due at the 2Tth day Of each emnth thirty-five (33) eenseeuttve egtat Installments of principal in the ammo* Of Sawn Madrid Twenty -Rine end 1T/100 Dollars Ce720.17) each, tecether with intermit on the outstanding principal balance. payable On r........ , _,., r ...,,re and the entire indebtedness represented hereby shell be due and All paybfnts shell be spatted firet to accrued interest and then to principal. ,Al. ..._. in pert at any time without penalty. If any Moment ie not made in full when duo, the entire unpaid principal balance and accrued interest, less any trier-rez Interest end less any interest in excess of the maximum allowed by law and any rebates required by taw. shalt at the option n. the holder become immediately due end payable without notice. Failure to exercise this option shell not constitute s waiver by Lew. or in the•intamiCf et^cise such option. Lghile in default, this Note shalt beer interest et the maxiesae rate Osesitted above the Prise Rote. ••r-� Ames of interest, et a rate *pal t0 six and one-half portent (66,.) the •Prise Rate" for purposes hereof shalt be that este of Interest designated as the prime rate and elated daily ,r the wall street Jarred (Eastern Edition), provided that if mare than one such rite is quoted, then the highest such rate that: be applicable. Any change in the interest rite hereunder resulting from s change in the Prime Rate shaft be effective on are e s of the day the Prime este changes. borrower and all sureties. endorsers and guarontore of Limes Rote hereby Cl) wive demand, presentment for peyv -t, retie of norywleent, protest, notice of protest and all ether notice, filing of suit end diligence In cettecting this mote, enforcing any of the security rights or in proceeding against wet the collateral (the 'Collateral") securing the obligations Ovidenerl by this Note; (b) agree to any eubetitittdn, fathom, addition or release of any of the Collateral or the emit• w or release of any party or person primarily or secondarily liable hereon; (c) agree that the lender shall not be required firs: te institute any suit, or to exhaust its remedies 'pint Serretlaf cur env other parson Or party te became liable hereunder against the Collateral in order to enforce pefeant Of this Nets; (d) eenurit to cry exnnsfen, raaorampecett, renewal -• postyanwasit of tin of payment of this Robe end te any other Indulgence with respect hereto without notice, consent. .• cansideretfen to any of the foregoing; end (e) agree that, notnfithstasding the emnaraice of any of the foregoing Concept impress written release by the tender or holder), they shalt be end remain jointly and severstty, directly and primarily. liabt for all swag duo seder this Note. end trey ether deemients eemarieg this Note. Upon the happening of wave tie following events. each of which shall constitute a default hereunder, att tiabitit,e of each renewer to Lander, whether or net evidenced by this Note, shell t%ereupan or thereafter et the option or the Lenes without notice er dammed become due and payables Is) failure of may gerrawer, endorser, surety or guarantor t"obligor") perform any agreement hereunder or to pay in full, when due, any indebtedness or liability whatsoever ;o Lender er . installment thereof or interest thereon; (b) the filing of any petition lader INC eanknuptey Act, or any Similar federal or mat- statute. by any Caliper; (e) the institution mpfnst any Obligor of a proceeding under the eminency Act. or any similar feces^ cur state statute, which proceeding is not dismissed or discharged within a period of thirty C30) days after the riling therec fe, u. Application for the appointer* of a receiver for. or the asking of a general assignemt for the benefit of credit_ • .. ihnnlvency of, any Obligor; (e) the entry of • lixigment against any MLtgor; (f) the issuing of any attachment lern,shsont, or the filing of an Lt„e.r •e•ener env property of any Obligor; (g) the taking of possession of any sweetens Part of the property of any Obligor at the inaenee of any governes..•t ..e..,•vr rhl tee dissolution, merger, easoliCat• er reoneenisatien of any cealgor; (i) a default by cry Obligor under any edger instrument or aereeeenw securing the.leen evidenced by this Note; and (3) the detenination by Lander that a materiel adverse change has oectsres den ffMrleigl eeflditien of eny Obligee free conditions mart iamb in the soot recent finaeial statement of such Oblicof afy Oob-t(ICII• . ...... _ ....lure re in any earner; or that env warren,, representation. certificate cur statist. Note fs neth._ ea am injen with this Note or the Loan evidence* by :I The borrower, jointly and severalty. promises and agrees to par In the event of a default, all costs .,.. , incurred MM er holdhereof in collecting this Note, including cart tests and atterey's fees. and ate* those costs. etnt I�1.1/r W Paget ofZ 7HU 305 577 3055 ‘0 779 H S DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE _ AT THE END OF THIS DOCUMENT .lp PUBL,c. NOTICE IMENS PZ-22-14439 11/16/24 �Q co tAm Molar mW.�stann M elite Molatt eanreruma eh. nrtal'•erwl*. Ott Manny e _ eatteette.ru e:e.au"etr dYta,+•+.+.t neetneenr• n. terrain tar. all .aural and mn•ewafnt eenta?Pam ft, %fire w rlrVleele ed Oven as news* the elurtt ee ', tN� a/.,fvllr, ef e W gleams fie, releintne and neuter ,ea d tter'Melon a�ar ehC ne whe!•ever Me eentant se owlet er n=yu: tee. ;n ne vomit matt interest ttnetudtne ors► thirteen tee held to be interest by court of eemeement jwritdielfeml retx to es Osyeble hereon in estate of the highest oantreet nett allowable by Lew for the time Such irhdebteenlaa Shell be eutttenei•ee aid mislaid, and if by tertian Of aeceleretten of erttaity of such tndfbtedness, or for any ether mermen. interest In excess tr the highest legit rate shall be dell or peed, any math excess shell car*tttute end be treated as a payment on the principal •ate we shell operate to reduce such prtncipet by the Amount of step exeess, Or if in excess of the principal indebtedness taut, *WAS shall be rtftrded to Eerrewer. llitheut Melting the generality of the foregoing, and notwithstanding any are or wr+!!et, agreement, no deposit of funds shall be required in conneetton with this tan in an amount which will, when deducted •,gym the prinet.Ial aeruan outstanding hereunder, cause the rote of interest hereunder to mead the maximum lawful rote. This Mete is seared, inter elle, by a Nertgege of wen date executed by the gorrowr to favor of the Lerdr, eel reference is made to the Mortgage for rights es to the acceleration of the maturity of tilts epee. EXCEPT AS MAT et PRo1IIHTED BY LAW, LCUDIDOlAID IOeIdf VIEW GNAIINOLY, ROLUKTAStLY Alm INTI rt•1ONILLY. WRY[ 111E etas erne MAY NAWSWVE TO A Aerr rem 1WSWTO Mr LITIO TION M1 NANKIN. Ot Matte OUT OF. Lfl 1 OR to Ctet enc. VITA is NOTE, oR ANT AQQ E9T oR INETIILIMAIT CONTEMPLATED TO VIE MUMtN CONJUi�t:OtaIse e► C IGTI01 fiTN. to ANY Oimurr tam ev DEALING. STATEMENT! cWwEm ORAL OR MAITTEII) CA ACTIONS OF [Wiled PANTY. rF Tie? ASLACT meTTER O► ART %CR LITIGATION I! ONE IN Ana TAR WIVES of A JURY rapt IS PIONIIITiD, IE:IITNER THE eDRIoiER urge TTE LEADER SAALL OVUM AS A 110N-OSwILSCRT OANTERCLatIl IV SUM LITIGATION. ANY CLAIM AR1StNG OJT OF Tett VOTE. RATTiR14E. NEMER THE LEADEN NON NENt6EA eau. tEEt To COiINOLIDATE ANT St= ACTtor IV ANtCE A AIRY TUX Nag OM WAIVED, VITA ANT MOM ACTION IN MUCK A AST TttAL maw WE WIVED. TEIS PROVISTOM 11 A MATERIAL I1DUOtVART FOR TifE LIiADER'S ECTDDIEC CREDIT TO 11012C ER. • o4PP-12-90 THU 3:22 Page 2 el 2 NIAMt CNINESE COMMUNITY CENTER, ITC., a Flerfda United partrwsnrp Ay: Its general partner, MTAMI CM1MATOYN DEVEI.0?$IDIT COND., a Florida corporation Iy: Isaac Shi', ergot 305 577 3055 F.._ *4.****4**h$***r****4****4*******•nerd«****•,*****h h .h•ha.• •.',,... 4, F,,il TRANSACTION REPORT •• • DATE START SENDER RX TIME Pam' FS NOTE riPR-12 9:23 94r— 779 1./",c_• THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CONSOLIDATED BANK This submiial needs to be scheduled br a pubic nearing in accordance wim Mines set forth In the cry of 'Awn Code. The appll.l la deciuon-maltlng btly will renew the Inlgmaimn at the pubic heanrg to ender a reeomnaendadon or a final decie on. July 15, 1991 ur. :ssac Shih Miami Chinese Community Center, Ltd. 331 N.E. 18th Street Miami, Florida 33132 Re: Consolidated Bank, N.A. ("Bank") loan to Miami Chinese Community Center. Ltd., a Florida limited partnership ("Borrower") secured by a firs: priority Florida Real Estate Mortgage and Security Agreement dated !larch 10, 1983 and recorded on March 14, 1983 in Official Records Book 13892. at Page 677, of the Public Records of Dade County, Florida, as subse- quently modified, (collectively the "Mortgage") encumbering the proper:• located on the east side of Biscayne Boulevard between N.E. 18th Street and 19th Street, Miami, Florida ("Property"). Dear Mr. Shih: Please be advised that the Bank will release individual units or sores from the lien of its Mortgage, upon the following terms and conditions, ar upon any other condition reasonably required by Bank from time to time: i) Evidence satisfactory to the Bank that the improvements be made to the Property have been completed in accordance with the requirements and standards imposed b•: a'.l governmental agencies and/or authorities having jurisdic:ich over the Property. ii) Evidence satisfactory to the Bank that the Property has been legally subdivided and may be sold in individual units and/or stores without impairing the value or use of :he remaining Property. iii) Receipt of a.copy of the Contract for Purchase and Sale per- taining to the unit and/or store sought to be released stat- ing a purchase price acceptable to the Bank. 9i-- 779 900 West 49r1+ St • Post Office Box 2157 • Heiman ru u.33O 12 • (305) 556.1 OOC 4 THIS DOCUMENT IS A SUBSTITUTION -TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT TA, sabm..line Es to be eche.. fora public nearing in accordance with ti marines set forth in the city of Miami Code. The aniline. decision -making body will w 1M1e infwmatbn at the pubic M1earing Vo rcrvtl er a recommend. on ore Mal eecial on. PZ-22-14439 \ 01/16/24 iv) Receipt of payment in the form of cash or a cashiel- check of an amount equal to eighty (80%) percent of t`.i Bank approved gross sales price of the unit or st.re sought to be released. vi) Borrower shall not be in default in the performance _, any of the terms, conditions and requirements of Mortgage, the note secured thereby or any other c <_- ment executed in connection with the loan. vii) All releases shall be in statutory form and shall prepared by counsel for Borrower at the expense of Bor- rower, and shall be in form and substance satisfactcr. to Bank and to ics counsel. viii) All releases to be granted by Borrower must not be mace in a manner which will render any portion of the Property remaining subject to the lien of the Mortgage landlocked, inaccessible to public highways or streets. or which will leave such remaining portion of the Property economically unfit or undesirable for develop- ment, or sale, or unable to be developed pursuant tti the then existing zoning laws, but all releases shall be made in a manner that will preserve to the portion of the Property remaining subject to the lien of the Mortgage ready and adequate access to main highways and to public utilities without the necessity of obtaini^.z rights of way over lands of others for such purposes Access to any interior portion of the Property shall to by street or road approved as a public street by the Planning Board or other governmental agency having jurisdiction thereof, and for the improvement of which a bond has been filed, if so required by said Plannir.a Board or other governmental agency, or if by a private street then after adequate easements of ingress and egress have been afforded to the portion of the Property remaining encumbered by the Mortgage. in form and substance satisfactory to Bank. ix) Borrower will at its sole cost arrange for payment to the Bank through an acceptable title company every time a unit is released and for the issuance of an ap- propriate title endorsement to Bank, which is in form and content acceptable to Bank. CONSOLIDATED BANK, N.A. a national banking association BY: EMILIO ROYO, S.V.P. CONSOLIDATED BANK 9i._ 779 63 001 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT IiZY.TOUILEDC`a.D !+ND ACV.EL d : rapt CHINESE COM1 U)lI.r CENitc r.otlda ilwieed partnatchtr oar "*GMT ,KTNATOW DEVEiO MENL 'RF a rlor'ida corporation. genera. parse: Y; L* tac,aht , Pem,:JtFlt Attoet: 36ay�5hih, Secretor•, rnH ri iH ATY, SCd1L i This submtlal needs. be acherigef bra pubic bearing In accordance with tlmelin® set firth In the City of Miami Cole. The appiira tee decision cna king hotly MI review the InMmnation at the pubic hearing to render a recommender on or a final Seca on. PZ-22-14439 01/16/24 CONSOLIDATED BANKS j - 7 7 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN E SEEN AT THE END OF THIS DOCUMENT ACKNOWLEDGED AND AGREED BY: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership BY: MIAMI CHINATOWN DEVELOPMENT CORP . , a Florida corporation, general partner By: Isaac Shih, President Attest: Joan Shih, Secretary [CORPORATE SEAL] • CONSOLIDATED DATED BANK NOTICE Thls subrnktal needs, be scheduled for a public hearing In accord snm verb h melines set forth nthe City of Kam Little. The anon.. declsloThror boo body end renew he information at the pubic hearing to render recorrnercladonor a final decision. PZ-22-14439 '� 01/16/24 6 5 9i- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN 41 BE SEEN AT THE END OF THIS DOCUMENT ACKNOWLEDGED AND AGREED BY: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership BY: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, general partner By: Isaac Shih, President Attest: Joan Shih. Secretary (CORPORATE SEAL] a ThIs submtlal needs. be scheduled bra pubic hearing In accordance with dmelin®set firth In the Llty of Warn Code. The appals. decision,. Icing body. review the InMnnadan at the pubic bearing. render a fKprnrnen...or a final aeon. PZ-22-14439 01/16/24 91- 3 CONSOLIDATED HANK CONSOLIDATED i THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CONSOLIDATED BANK July 15, 1991 Mr. Isaac Shih Miami Chinese Community Center, Ltd. 331 N.E. 18th Street Miami, Florida 33132 This sucmlctalneees fa be scheduled for a public nearing ocortlance with timelines set forth In the City of Rani Code. The applicable tlxlslon-malJng body wit revlew the Informalbn at the pubic nearing to rendera recommendation or fine decidnn Re: Consolidated Bank, N.A. loan to Miami Chinese Community Center, Ltd.- Promissory ,Note in the amount of $1,399,650. Dear Mr. Shih: Enclosed please find original promissory note date May 29, 1991 in the amount of $1,399,650. Please have this note plus all addendum executed by Isaac Shih and Joan Shih and both signatures notarized on the reverse side of the note. Even though the format of the note looks different from the first one you signed, the contents of the note is the same. Should you have any questions regarding this new note, please do not hesitate to contact the undersigned at 364-8299. Sincerely, ,114.e4frA10.1 e, LQ.444. Carlos Cuervo Assistant Vice President 900 West 48th St. • Post Office Box 2157 • Hialeah, Florida 33012 • (305) 558-1000 91- 779 6? �T1e7'4111. ,• ry •v „'r THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN 'BE SEEN AT THE END OF THIS DOCUMENT 1y •.trial • 1 n .l, nrletkfr ' ,d►•• C"rlq.' yly ,•_.. :••0•n al !0 Cl, . .^I Oder 0' CONSOLIOA-Eli 9.141c ..• + _ a9 Svatl. l4 •e r..n ::• 4 33012 1.r at fun Other dace Jt •r. 11� ._E t' ANC 10/ .0t „are .v•Ir rterell al a •ail Der annum *rich a1 In bm0I t11.1 10 �. .•• ?v• an„vm )Cori 1-e 3r a lit =ate •• : K• - • ter'1t are defined on the 'Ivor/• mOr0ot. :err. •!Nano. 1 :h0 •."..., 'J•, .i:q ,rye _ „let'• •^t 9e14 patsd I.• 5.1 + • de, 0' sect suet ;mono. of the Out •cite •Ji O,tcu..••t Hatt o. r• va• ,••.1 •• .,. s ,.• ,:.r.10.•Nra, ''ion to 'I r 1 ^ .. ::a ; - - the amount if 52.000. ;C s,us 'nterest 'IA • 'll . Or hen. . 'e i99: and On the •Uri dd./ of 21C' • . . e -3''.e, 1a:e tic ert:re Outstdndin1 a, :e sue and ,ayabie and snal1 _e oaia.' ~eee.ncer ,era •- -. :ayment ,74 ;ate interest and late l'ees, oily. :ht-r. :, accrued 'nteee .• -_ - snatl then oe applied toward the navmen' 3` unpaid ;,rinCiOa' Ia the even1 tele note U atecuted by Obligor with , Ad 'Cation ill ll.r aoo•00l•aie rate Oei•g"al,dn n)v,np been ,had venter tiv ofn•",: SM. •-v SOW. eh* KOldetman mark the IDp?ODhele r111 d1l,pnaudn vc as N.:'rrrct )ucr I:a!en? nrn.se,nn inn ob119o' 0910.4 „1 et owl •hale", at w orm:w to its deelgftatlen had teen D901rtv'00?cl?e0 p1,0' •.: n .0 11et.,l,.ln ,11 0,11 •,vte as Wed if, Hai ,tie ninfoni. the t.r'+, C0I10101,I eneh .efer lC '••)•.'•.•'•l ac neeu.ad.n l".a reel• ledelner w.In eu O' 304,, ). 413^ 'C ;: •••• ' •• • wrote. Whether in WWII? any Olinger et lot custody • adpe COri•c,w, w Le,* .v r",w. 1 hareem or., .4.101W1 0r c, ,'oc"ol 00011*0 031. ei p• .^ ••1-?•I •:.•• Milder 1h any NOs0 00. IY einedndeoeMI or pointend the hen? a' I•"• •N aga••1• ui 1e01.it•r• and :red .It a' inn 001.1101 worn and 41111.161.111 016601 00' 4e' Sc. •I' too N01es,at any erne emoting. With 1.4000?thereto. tote 0an,.s un•Jhre,a n0'net •"4•'0.at' ,.,•,•,n'1e461114"31.060011.17101 'windy? 0r 0r n01,:e 1000D•• I1c".: 11•1'0' o *Moil, 0,,n De11. end. .n IYen 6,616, •e the ,1010er •+00014e1. 10 '", ••••"e1,1 .1 .. ,l • •a tag., .DO.,it die ), m0re 01 144 001.946 0.1 ►a 441n00 •''1.1 •^P•.'"t-• eineffief white collet0f•I therefor It dNme0 10a0uef• or net Aa ulru n'mt nil'•„r,..• • e . " D3l,g,.n1 Milli Wei id the •eo.Of1Onela •eDre tented tell I •. Old 1e te0l•011e end ev1ehtvbane nereel end 04ever, n.,n r , 0f eth. • 1 14*i"ed ••.• • •b .m.1• i ',ii 4.4 091,9661. .1111,,• Y•N•• •' • .•J•t t••1. wee " •• •OOulred DV the raider. end whether',int 1•,0r4. .. 0•01011 !Cr... .. . •• ••'• •• i,1 •,a•.0 .n.id.,01:00 I"•:' • •r • NOTICE Ail NOunty ler D1Ym0nl at nee ...wean* di e• ••'ren Ob.':l. C011 elenl..nC1001n9 erll0Dut u0Ils?1Ot1 Mr 010De1.. •.1101' me, -• •• SEE ADDENDUM ATTACHED HERE-0 AND sti t i ores •;: slADf : nor wENE:IA. ?ill MOLDM AND T„l O111.100•S Sl * ..Ave Twt hltiHTS AND Ct;tl@5 .v',.' ?ESo(C' •uf _0L:r1.tle&. AS sr ,pos-. 1, •••t coNCti11141N0 micro's AND DUTI[S WiTN atsoter t0 COLLATERAL PANTED ON rt..; RCv0NSE .E11E00 The n•p0emng Of any et the renewing Oventa 1h011 0OnsdNU • default hereunder ref 11101.1fq or any Obi.go.'0 der .n tut, am D^^a :e • •'•?• • helaW101t Drom00M *Pan n becomes ous..bl firkin of erre 0b*ppr to eey fa Ito when de, 010 •nd*D100n0t0. 00,11e0On 01 ht0,he,'0 0O100• w0► toper :• f..: • -- :: meHel Of MIMIC I1e0101; 101 tenure O? Inv Obhp°, tO a0doem env agresn0Mt nereuns0l or under any attune, Ogn4Man1 securing t-e Obl.q•:.ont. • : • -•• - - " ObIIp0f• f0? d any Obllpet 1111e0116411 ma01401t a' tiny mle4Y4ney Oreeeedtn0O ue 1e10 u/me 11101v1n1 area ',na01v.►ncr O1at•10rnge ire tih•e: • '•.. •-- Cemm1111al Cede of fIan 011 we,n1bwud Or Mara beer against any obligor, a' 100'C atm. In ire JOOO•nimenr of a rebut., br en, Ob do• 1• •0• e•• a '•1 .1111? • O0np0r to the learns al any law. atl00nm*n1 0r garnishment, or the Mtn* 01 On,'nen ag41141 any er^eerie Olin, 00bder. i gl tee0 afl.4n"1.,. p. •,v :0' any of Ma COlieferei riffIrlaut carmen :Omani Ot the Metd0L • If et enY bnfe lhs Mateer girt !Mr 0r1yw01rM14. febrile trite' tan an,bCild^r3:e10^'11.1 aI Of, 34hgar 'wnti1•1 eont4,'•C •'11 roil 1r•-• :•'a • •• • ' ! connecuenwgn this net, Or Oft lean or,r00„evidenced by ten' 00t/0'anr?acur•t, )9,re..rot bawmg 164 0016 mae001 be titre )' .30r 1nt ill veto••d : 1-. r • 44%411 oil defined keno+. or it Melds at any One ISM dt4(W010r in...felon art/macaw; 1.1 Ina onto* amount Of ter, mete ram„nen; .101'0 oaf •-• J•^:.-• Or1•MO Unreel Or 0440O011 end ley teeelee F09u3,00 fey law. /ken 1.11"? hue .red 00,8n14 'on*w•m 1, •na.eher 4f m1 00f.0' ' '•• •reide• a•0 . . •' •'• IMrffend. In n0 0.011 end %MOI• me an1m01O0ta1 3060 1401d.r 10 elealas n1'•un.le• !.• . •HA 1............0..,:,, - j reduetthg She pad end un1C0?WO at Oa,d end vitearnee nlefal: ' Jr. 1.4_ a ,. ..n .. •r,1 ' in •,r'0110 Dr••: 01 :a ,n!. •r•.1• f •^ . . o?Dadl0MMOt shin t10, inflaterhorn thel•m0 a? 1v:1 d01a•At at,n• •.• •... ... - •4,1• • n.'•,'In• an0.nae•' . .. 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Off10n,M..• :'Not• •a' : 4 • • nem., .00 oared and 011 Gibe 0OW1.m4nt► *eCellary f0 clung* 0' na.a •rev Obhga, 1yb14 ren my 0Otidet?an (31 stir l0n111? •1ce•:' •c• : ar. • : •. • :,-•• CeIooe a osw Or Mree0M 010Nde0 or efatm11i 01 •ndebte0re14 :•11 a., ?U.y1 an Yru•.ruM 6n0'I0.n'0mem11 In? 110 01M1•1 0' a^. ?D1,de• • .. . • • • • Ile 01141 silent M0? some me, De ...oat :Si the'. Ins 10'01ao0le e.4 Neda 1,, Cavnter-•a•m 01 e'•Y MuIO M •1.60.n01.0n .n ere • b01:.i. • •. , ' . - t tilde? 0heff it serene Winn The 0at'94re tr,•r111r agree mar env Joagluons 01 an, 00'963. mar 110m 11m0 1. 111.1e •1 wry e . • :a^ •• • •.• • 1MMeee.N00nNI00, a*mpl0mllet Oreunarged 41 Wedged tau 111,wander. and ... Courwat 110h 6110404 mint el let .Otttar nq an. 'JC•; Jl:'t- I. .' - •11 Wilda Or Ifs Den, 0e esene0 s*. 6ef0 ter rsioass , 11. *moor *ON,e IS Of l.010a •0f.f... n)M 01 ngh1a I9a.M1 env ih',TM art 1 • " ., ' I. . .., •-• 'sem.hg NeJ,N�d,N My t3Wg0' The obbeor?W"d. 4.010„0,ah. I1100 re 0a, an l.0.ngl tUl/n0 al b01%1? •3•'err,rC O. .,. ,.•y..,_ I N,In nit• 01M,etl10ma..00wput$ n•e'.0,1 •e e1 •••••tree, of n 1 . .•111•..n, • •,QJ"on e1'm.••• .a41.0eI0 0M•:.enMga Tree newer anon ref err env act. N1ny, 4m•111 or .0 omen ere 0f b1410o 11, n0r1 w01v00 any 0* 01 .rynts Of'emao•ef •n3 ,• .1.... r• .' . • 4.1006 inwl?lmg and gig*. 9103.6 610396, Anl.p111 end 'amed.t,WO, Naar under lM ferint Of lfi nets andr0eal any Venals 3•'. 003' J. 1-1 ' mey 01 eeere,Ne su04GNw414 o. e0KVn00•0, Tilt 01+gon 10•n110 end 1e•'ar?y arse tits 111t Ne10e' snail 0e MIIt100 10 an •tit • J"t pf • ill•.+.' - .. < 4469.119131111 m4/N0rea1. fens m010 00611 be gerentld by ail C001613066d m 6e60l0e41e6 w.m 1+1 141100 04 ?he Sot Of 1601.e0 One eia••ba^ C. •"•.. •'• •' ' - eneele.Negl, e' .06eme un04/ amf law .+Od W ..611061.01110 1►110011in1 01 seen v4e0l0JCNb,d. 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GO. •nn^•n, .e• 4004 .•• 4..001 ,.31 ..'• 1• :11. .' ••.• 3•410411• 14•110(1,11.n1 •1• a• J•':J ._. v 441.,l 00 .. ... ... 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"100111 •a plot 0' • N.vH00N(ty. t1110 gets,. of otnitonl viols., Inn e, ltl 7r •1'I'ie S1".-•. •^ ttt COdRNo ..0i•I1.0oe Inn 010og1/ oru0nn•, NO VIVI0ero •n100"00.1011110110100r14004,1400. •n01M M010., Mefllb,..N., 01Y11y d11th11rg.d an0 •0.0.a:'•t- .0000,.0'1'. Y'! 10.." 10. 100 CO. el. s.l 00 ...steno. out ►n111 Ter.. e(1 "%nos end mew. n1Mun00' n 10 ID Ceitsti /I1 not so trt0l•0w•0 ' I110 noon sod '.,'•, •O •O.44'0n1 0• '.' t' •,t14•00I u' " Oub•hl4,l.000 Ier.1M C61I/16,4l 0, 1A, OM 0141,001 .01,4 1101 00.a$.e'0a 01 Uy Cellegr•' Arlo IA •0Ce•40 144 g'O<1001 0' •n il wc1001 an0,^r1-• -^ •^. CO 1nH11 ^Skeane •keel. /401n 40111.00 10n1 Si 17,4411l1elt' ,• 104N u.. tams •o I0y0( tni Obugio oil. !n0 P100M, i•00e 1n01t11r•1:. Su:" ape. it0/ •010re 1•(:•,•9••1 .14.0.0e- 1'0•1I•4•1.•nV.411/11,41.0I01.00.4,46..Y'.e•u4n. nt110ng1. Ivb10hea0n 0, dtls.(•:g011 es 00han..eeI.... a •.t1• 'Net►! 0n0,0 .0V'0.11 d0n•en0 1.1 'nI .peR• •-n•Wn.1• •erems 101J,I0•.O„0,1nttse" owew,0M1•, r11111 rd any Collat...t h10.•n,• .04,4te.4.41••. C^.••I:.n• "n ••IN 10 Ile ••P1,11CIO•.to•00„n10er.010b..0a1.1anl'.00n swine, AttgN(noon In*M3311/.1.111.1.nn•1 Cod gips, leitntt'0",re••0 rams, $Y'•e401'd'•4 a."•n. n' bthilth.(0 10n• not .nett'^e •10n1 at roe r0104,(0 'Ott". MO CWl,M.N 10 fl:4•'4 !a. nine, Oblg*lton. ''1 'ono N••" b.000(00010 ^•.• e1Pe•,.0 r 1• c0.• ^ . "Nee• 1n'1 w,01.r01, ".1 the Co".','.' I.' q•.I w'• •••(0••.0.• l'•. VM'0'•••::,!.:1• ('^• ae00o' ^! C:1'• ete'ennt• rlayn+ r wnh00 0.1 tot nOlOP •Md n1.t 10 V nnw.r to nt 11(nl.nl wn.la•, 1e10 1C1•00%N0 (Ileelbb'• Any 01n1e Non b 00 1,4 lt' •^. ,llled D. 1a.0 O .Jg0r ta111 nn1 be a10T1 •0 • (1,1u,10 00115:1. 1111U•••iIl Cat. 1 •• (lh..g•.t (•1.01 n•,•f0000•Ull to„0t De0••w•0.0n 01 Me <011•'1'I- •^0 0n.. .. • 1110110 Dote.•#[ •.14(4.g.•0tt Or'e• oln.•1 •nil 1*0101' Ih N1 nail. 1111 •.4" (0 tin u.all nn, ,0 no140He61e b.•(.w• (.gat, •whop Or,Or 04114111.411, InP• •,I -•f O• • •.10.4'ee 0.0 ••••.'1 '0 'IS'. I e00' 0' •0 e.1,e:.. In• ao, 01 00w•• * 11' 1.100(.1 10 .n, 01 •0. 0.1'glnon. t( Coltl•,•1 0, ter Inv Oply •„ le 0n•ng ',•e M0104, 44110101 n(1►.ng SAY 00(n*040 w0n10.(1f .n01' Mr0 too rent to 11111 $11 O, Dort of ins Coll.inp, ellnougn iM ObIOeIWne •00y 0.:044l.•'gen' :' •�0•4.'01:1 w • 1011 M0100, tonelde,1 1VCn e•U oilcan.", io, 111 0(O(0at(0a Sale of In. Cod*i..1 'Gov O. T•0.. U any hots Ono from 111110 10 W41. p aav aye., ^.It. 1e10 •11ne op0,014 0f (nil 1.10100r w.I14w1 10y,*l.IJnplt.t Flat,00 e0 My OMrp,, 'A118nt push n0000 e1 to nhytorOd by tine Poi 0.nn0100 waned. NA Mekele. •1, 1C.H. 10. C01(It*s.• 11 .Fly 8000 114,41441111111 0r0nsd/a Ay Iewl has born toy a4011y at hidornDe.0y1 end 0t01w ell 0I140t npn0I, Also d04veune M( 1101n.111. ^ciao; lqe. •.Denise and 111ptn101 '111 lee • •0•1pmne or wane lht COtutppt ono e014101(09 tet oroteels of 111., roe Helder Ihel' new ih1 ngn0100o01y In1 ,e.••100f• 1' l-0 a,O9H0. to 00vn0'101 00 1t O00101Y1 ege.net any 0( the Obi0g06ons. tee ewer. {soot OM Hunt blown INWICe1100IS be to 104 salt Ileel.p0a 0f 100 ••0.OI' .- • its tent ,0he0 0' 1"., ene r.. nits*, Time 'the. 1. the COII.l.101 .I •NVA•d bylaw to D.0..0n to soy 9100401 0f COIIt1.0e1. toe noinotS*,00 01,01100ND1s 0OheO 1' l 00 •• Os. 1t'd.n0 so. -Inset et 0/av0e1 .o '00'y'a9t•n0 note 11 0../1 Iry c01•n40r Wive Worts the bent of isle 000 seseat('0a TO. Othgpo OW) 10e00.0 '00.e !L ••0 '3•S 10r eh0 01.,4In' 0/44il 101.0 I-:. ..110 •n•p.Il .t la. ,,0..1r10T •01M01 .010101 40.4I100 00n1,44011 4.01/01,e1. tat n0(e0r 0440u not 00 0000,140 •0 ••IA^ ..00'111 eel It .• •100( 00 .1. 0'4:00e .0 1n1c•c• .a, al ta• 0141.001.01,e •0 001601 1004441 caw U, 111 al the Obligors 40,.•n; :anw.^14 0•,." ,^• `, Jttnleo In Lm:l 4,:0 n4n11 the •,e »e41n •'„ 4V•W1., 'o IM t:n'I01.. Cano n..1:,...,0• el Iay 10<r n l:•..••.' • "U.4I 11<•0u•1 "'•')O+.gib nnl '^t .^.01.0:••.•.nil•9r1001,0•.*At bs,11.00n.'OI.10r.1.1 Uulu•"•"l.r: a.u•.; • .....,.....•• wn.40'..• al I00'•<l0.••':w .'IIW.' ••••• •'• • 1 '.0'•J1 »O Ct+.01•;K' .•,:!^cot .JO"•dr.0r0.110.neonn,H*net 0'(I.••I.r".1u11,,.+.•0•• I•1n10n0 /00,nN4n4l..b.uly :: NO•.. 41000001•4:I'-; :0.:• r... Icsaosh S004INr 000 r nsn's* .. MIAMI CHINATOWN DEVEI iiP'MENT CORP., a Florida cct•pera:'on, A, - - fi18114'de.T.itirerr es ;Awe �! ,� sole General Penner ui MIAMI CHINESE COMMUNI`v ''E'�Te'. Oe .-' .TAYE rlori da limited oarti:r. rsn op NOD,•••• 0•'Ien•"• 100N'en ! SAAt SrTH/ana )7aN. iHtN. ]: Dr9S l4un: an4 Se,retar•: resneC_:•- -•• •••0 we. 0a04•••• t^n .^awn t000.t00.,^•a1.11^'.•1talabtd"l0'1.."n .,.044001001n.0g0'n2 .nllnATlnt and Ie0n0w110010 t0IMI e0'O,. a01(•11 1 ;n.benalf of :he :oroorat'.o' a - oar -r- S . t.SS MOTs-1112P,19 WITNESS 10, 00041n0 O'.•p01 ,.N •'•l -_ _.. - .00TIOYAL TOPS AIR CONDITIONS :Ts PROQUUORY MOT, LS PRaAYA/LL to NSOLE all IN PAST NtTU'WT ►GOAL:': 2 SASS RATS 1S A RITERS•CS SATS OP LATMLMT AOortID SY Solo N : A MINA, WORMS 7SOI *IICE ' MOLDS* DLTtRIKlftt TUE maps: '1E111T RATS* CIAROSAILS 0Y 1AR200i PLOTS t0 SORROWS"! PITY MINE EMUS 0/ CDITNOIIT1tlt1ts. OYLIO= ACKNOW.1CIS AMA ISETWAT 03 Tit MSOLED OSS! RATS ACTUALLY MO o Qm S ICLLi1DTSECTIR T lI-,a0 MOWS a ANY PARTICULAR M74 erro Nis • •04 .nn'u0•nl tat the Det{W00t 1a0,0.0 4.0, T,;Nie .0 ll tl f o' f'cs (,(t 14, M. Net Pew.: S111..,..• Are'0, rllt.l' 11 11rg• en1_r•.44.,, s .0•n(n•0M11A 0,0n0I -- 5.1'i•-1 '< 11:A1t [SALE PAT A WLRYICt CLAtO= TO IOLOIR EaMAL TO ►PT MOW 1511 Ur A007 PAYPCN= tglOM It *EC2:'VCI SY )b)LCO. :tr7S ' �• :t 31 DAYS AMR TU DATE SUO PA11m1T Ts 341. TITS S1IYICL OSARGt MALL St U@0[OO TO poet( T1 LURIAtt= MOUT :F Kt non: rat. tut AROLERO MID C0LT.LUTTOY oP Ay PUCE ULM= PAYMENTS. OUTGO" AORW TEAT Ate [%ACT or1.11T 37 s_C:• :'1TIOAL woes IS DIT'PIWLT to ASAARTATM NITS ANY 01*341 T't IS AIWA= AM TAT WQ MIRYIC= CNAIOI •1 A ASASOMYL! (I:1 5KDUTE Alm O0S9 10T COl5t1ML mom at A 7LNALT1. TDIS 111U110E CNAROL tie1, St /N ADDITION TO AMY :sTEPCST A7 :RL TAMS SATE MCI NUT SE = MLD SY ROf.00R. AT ITS OPTION. IUIOtS Awl TO 1ETIbURst sum OY ODWD rat 4OLDEI't VCRS.' toasts, tont UNC1ODINO COSTS ALLOCATIM NY ::s :1•aRMA- :CAL OL?ANM1R) An moats 510 CCONSCTION UM 71* INTEIYISTATI4N. iTO.LECT101 OR QHORGOttss 0f Tot OIL10At2CMe roC •'t• XTSI1d0ILt.SA0-111)PSSK 7t TATI01/LEGAL /E cousinu.TlKtitA1MINEOIiLXItKSERXtO�XdISHXY0txlin ldlIi?TKEry.itiv.Ol'JN a reasonable ( so !V1*T CULL ANY AORS O TO OA ACTUAL LXACTTOU O5C*11, NUL100MID OR TARO At AM ANNANC= us 01;11 rCR1LA*A$Ct SY CO:.:i'(i issrsoUTION. CACtEO TINS LOUTS STY ANY) DOOM SY MI LAW APPLIC.11.L TIA1 rag TO YIPS. tat TVS Ott Stiltr.Tits '► 11VM'r, t yOR BOiI4o.WCS IN StQT1O ITS ODSS.E0TI01. Ir Ka Afft REASON TR1p 0011 OR TR 0 0.04*1L4t[ RLtULT AT ANY ••C :y •• ITZTIVE RATt OP 3(TIRSST TAT OIANICa1DS Tit IIAtt14M INTOJ1T SLITS ►ONSTTsa SY APPLTCAAIS LAN "r ANY). ism 1(CR1tsto: OR NOTICE. :7E OULTGATlOY TO St P10.Pt•1.CD MALL IL AUTOMATICALLY SWUM TO SUCS UNIT AX: As: fail .:i:7D SY 007 A :Y Otdu Jl :sou :.AYPVL Y couicTIILL u LMTOEUT l8Ail 1t RLLS(E.LD TO OL:rea" >k •- IKA.Ca•s .P.:;^ At71Im AGAMIST PRINCIPAL. Wt:7 TIC SAMS ROO OD tMCT As T► CILIDOR 1GD sricifiWLT otucuaTEO soot CI'IA =LT6 TO 1st 74) AMID AND mate SAD AMC TO star SOTS GIURA PASKINTi At A PRO/TOM YOU movenmIT. , 1 01 AIO loom s*vUAl 1T. tY0W111CLY. VGLSJMTASILT AID :YTENTIOMALLY Ian ANT 1IG2T Min NUT AYE TO A TOTAL SY :11 11 ALitic5 TO ANy LiT:wT:ON OR PIOCLED5IIG (SSCA10Ltl1 O► NUTS= .NCR ACTION OA P1001mVNG CONCERNS ANY CONTRACTUAL IT20us OR vs= CLAM). SASSO CO Tut WCItarti111t'. .11LUNDIiIte Tier NOTE: 0i atom air aT. USW (T* 1P' comma NITS :S :::AT:OY/. INC-VDUS TITS sort. OR ANY 5OCCMIN7 OONCtM PLATTD TO SR �.:1TO :o 100.12NCtION 4LRE4:TS •1A .YY toms •LV.. :: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • NOTICE This sunmlttal needs to he scheduled fora Audi L naming in accordance ed. melinee set forth In the City of Mani Code. Ina wheal1e decision -making body lt review the information at the public hearing to render render a recommended on or aline, decid en. PZ-22-14439 Av RfV IEW CO' ADDEMOM TO THAT CERTAIN RENEWAL AND MODIFICATION PROMISSORY NOTE DATED AS :F MAY 29, 1991 BETWEEN MIAMI CRIME COMMUNITY CENTER. LTD , A FLORIDA LIMITEC PART/1ER510p. AS O8LICOR AND CONSOLIDATED RANK, N A., A NATIONAL MANK:NC AS SOCIATTON, AS HOLDER. IN '11LC PRINCIPAL. AMO!fNT TO ME RENEWED OP 5:.400 650 5. 01/16/24 The Real Property described . ,nr,da Heel Estate Mcrtgasc . Security Agreement dated March 10 .not recorded March la. :983 ir. ltfl cial Records Book 1172+., ac Page 1412, if; nihsequently modified b: lnstr�_ac:; dated June 27. 1983; August 10. 1985; May :9 1986; in addition. ' at Ass.. tiott Agreement dated November '.0. 1988 and recorded November 14 :988 :. ::�:• vial Records Book 13892, at Page 677; and an Extension and Modification .Ag:e,a sent dated as of May 29, 1991- all recorded or to be recorded in the ?ub:i: Records of Dade County, Florida executed by Obligor. as Mortgagor and Holder as Mortgagee. In addition co the foregoing this Note is secured by ;:CC Financing Statements filed with the Secretary of State, State of Florida ant Clerk of Court, Dade County and a Collateral Assignment of Leases and Ren s 311 executed by Obligor in favor of Holder hereof. MIAMI CHINESE COPO(UNTTY CENTER. LID , a Florida limited partnership MIAMI CHINATOWN DEVELOPMENT '.;ORP.. a F�orida corporat:cr. teneral partner :SAAC'344114. President .LOANH, Seererar: [CORPORATE SEA.. 91 e- 779 7 O THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT i aaa,e%% 411 DEFINITION OF BASE RATE _ �+ .,1fd n %nit n nitru men,. the term '•Slat Rstt . /hall mean Mt MO .Itetlllned by Conte' Theta Bank rr A ,•our t...,a ._ _ • i, DEFINITION OF DISCOUNT RATE am peed m (hie instrument. the term '•011count Rye" man mean a rite mutt to the dlte0unt rota and lyrchar0e wallas, or -;• -,ct• t 1: la to ow fucn surcharge On nlm.tyd*Y Corunerciel Ol0tr In etlect from he," to he,, at the Fmerll Reserve Bank of Atlanta 10 De ac _1'.1 i• •-• • -• f,C0 change ,n Ouch dtocount rata Or R1reh/rge. AEvoLYING CI1Eo1T n cut went the Wieser nee no, drawn the entire pummel firm 01 Intl nom wovoea that no dota0l nee oeeuakd 101bpna rum/ may of pnne,pl, rum him& In IN, *Vent the 01NNa intend this male 101,01enee 1 tlVolwng credit alrengerntnt (Ruch 1nienton Doing In0,Cllt0 Or ^ • ..t Went 'toorel. Wit Obhaor a0y,d14 mat n0 default has occubld. way draw me enhre pnneteat sum hereof, Or a Oen the,*0', from •hme •e i! a^' '-.+ ,. .. 0111n0* out nem undo, linen a000rOmely Inertia* Or 0e0ru011 ICI long es the aggregate eyttund,ng a,nm0el balance SAS. not It eny true leer. • , gym mental RIGHTS AND DUTIES OF HOLOt0 WITH RESPECT TO C0LLAtERAt AlihOu9n ! odium hefted,. they not stet she enkhain the nlNMlty far r1MIRO 10 Or consent Of eny Obhser tn. He10ar Tay Ltrc.e f •. • ;.•1 -• r•. ,• Oblation warm respect to any Collateral. mctu0,ng w11h0M dhltateet 104P10119M 1000w019 POW 11I to wont et termer In, on etnowns. transfer ,n!0 tat +a••f o• ••a ._ or ono Amin." two pert Of flu Cattaeral, mow d1ae1011R9 pact 'NI 1101Nel 10.0114* I►thel Me MOW. Mier 121 le plaugl or otherwne trentet, tiny or .., 0, •my Je Oa. Endo* Cowart, wnasu00n any Otad9ss a'tenet*be WWI haw /9lhe rtehl0 M 1M hider Mnw,Mr• end the Holder shall thereener oat holy own yaw/ ono •e ...tot. all netpenyb,llry end ,UOnoq ler the C011eta e ss fr0nel0wld but /M/ tfMel 11 ng1111 lad PO1Ore Mmr+der tie 10 all Collard, no, to transferred J, 10 snow 1ol.t 0nt ret1uCh0ne Of re110*11 err s*Oh0n9N at. or "Webb/bah, fef the Cetlatsrd a bay Pert thecae: (41 t0 fete 006401163n of env Constant, *no to ttey.e tin, y0C teat 0, divBlends Ind intent* on Ow COOSterel. clely4ndwae%IOW oMidthe lamb NC*Wletela apple the Dome IO M of the Oage nnM. the manna order gnd,.tonlerr,. aocl,cal.on to be m the loll 0loeref ton el the Molder: (Otte asnw eenv and an 'ghat of voting. *Mverean. 00chenge, IYb4enoum on or 011ie cant% or ooaen/ D1nerung ie. Calleterei. 1MtO Ilaundli0, Osmond. We fa. collect 000P1Om,ss. r0C4Ma and r1einel lathe Cain 0t 1uri0Ma Mateo. env Collateral if (Oran re/9enwne9Oere line Celle, !hell WO*e to he ssneloClory 10 the 001040. the 0040,1 Mel Wein dlmonelde90s,twith the Molder 0WhMnel Cellae,el ashalKlory la the Heider Surrender el mie note ac Dev0Onl or otherwise. shell not adact chi n9nt of the Neldsr to Mien ash Cote11/a11I /1Ctetly to ether 00lg1ttenl The Holder *hall be allured to here exerciser! re*0ne0fa can to the Custody end pras0N.4On of the Collateral nf„ toner awn ,letbnlble tenon! Ili •matt ou•0' ea the DI edger a1COlsteral anal% mown* in writing. but the Molest shall hove solo Dow*. to determohewhetM, Ouch ethane see rule nab,* Anr onusyen to 00*nr sc. r000W1t00 by led 01a09e inlet not 0e deemed a files le asantl0e fs1s000We can. The Obligor, "hell be raspeM,oe forth, D0*,ryalien of Imo cb010re and lair• •• all stool t0 preserve right! Items! one' Deter,. The Wheel than hew the mint to, Out shell net be eelgeted lewatery* n9hte against ono, Denies not ine, the too the lien, to eny failure le ra11t11 upon. ate 111KIN eny ngmt aim pewit tote, respect t0. eny of the ObI.ganona or Concert, . Or IDr any a0,0r 'n in 00.n; The Molder. wlth0ul mating "fly d.manda whatsoever. 'hell hew the ngllt to tell ell or pit of the Coltaeat. 0theug0 the °bowman, rosy el ell nt.^;a•' - unntatured, whenever the Heide odors such sale necessity lathe pplec0en. Santo, the Collateral nee be mhos. a any hme and hour hme ID nm1 a am 0.0 privet. tale. et 100 option of the Holder, n/h00 0draRlssmN11 Or notice 10 erre Ob11go. except such Mite" ae to mowed by sew end Wine' be ....yeti ".0 •.0'et• purchase the Collateral el any wen tee Noises preh,b1ed by lmf Ire* from shy snow of rs041(00.1001 and Stern an ether acme. After deducing to ,■osn/0t legal 1100n1et end elienell feel. la rnanlamsng Of 111110010 the Constant and 0Wncting the presand. Of see. the Holssr shell new 11 tight to ego', In, •e•••t +3f said toccatas in oermsnt of.o/ as a memo ,gs,nat any it 1n000bgs1e00. 11e "emboli ante and Wont of Wen 1001weo010 balm the sow dac,YPOn 0I in. ••0,be• the eaten! nettle" el any sae or other 0,1Peaii.On 01 the Continent n Ibaarld by law t1 N pain is any pledger of Collateral. the r*9Yn0mwt of rent onset" none. to Milt by tenons ouch nonce. as Dnyidod ,n the larpOHy note. et east fly" eWMsr dew! Nita nth pine of tle or a*00s.0On The obliges Snell MIMIC` •err • Mesa for the payment of any dafoc,lney with met4n01 at the nis*muen 11mful rote fa written Convects. MOwewt the mower smell not at Dettettee to 'tic" •e Cellete,el Out. at me election. mar crossed t1 *nano say of the Obligabono ,n enfwl 1900,et ar'y Or all of the Obl,gen. NOmmg Contetnad herein smell be d*0m0d to Watt the rt91te that the Molder has oureule' to the Uniform Cemm.R,li Coati to, in. tee.^„ I;•tt^.' m0n9a91 setienn9 iM OOhg.11on/. TAXIS The Obligor hereby agree. to ow .M strabo otble for erre Dsewn"n4ry 9t1mp Taos or Other taus when men be 1opbcable now or et env 11me•n•nt •.t.n trot Noe or UM Obbg0bdn d ev1Obnss0 OMi91r mess to oMmndy ash hold the Nelda Umlaut hint and lglentt tiny h4bd,ly, cattier a g0onf el ,e,a f •na •p tr1 n • a, See adderM INT 10 'attached he;tt MIyCFiit1AT� betagEoiititrvTreof Loradditional ^rovi*.or,s ACKNOWLEOOMENT FOR /9R90N9 EIVT rioriaa New York the sole General Partner of LilAtdt CHINESE COI.E.I1.:N1T', STATE 0a a Florida limited partnership couNTvop Bronx P P Were me Pe1On111y 0OMMN tome wall %none and known to mb la O* the Pbrl.n1l Wtentod in end who e.scutee the br0genn9 instrument. end *deed to and Dates ems I• a I �artnershlp. WITNESS my hand and alkWel lest th.a day o1 MA AC C,14/4.Z'as_J11,4Ai,°.{.t}4{r "•••Preoident-end SM cta, ., ACKNOWLEDGMENT FOR COR/ORATION STATE 00 COUNT/ OF /nc.,0at.mberum/nllog the 0 00",Iherem“D'eub0, on behalf of the :or porat o•• ..... -- A.0.19_ LL State of Me Contents on *.Ouse Notary Public Wore Will Der0eneDy 4D01M1d fro la m0 *00 anon. and known o ins to M the u,dn,lll,als dlltrebol tin ell0 who 101cu110 the (Of09pm9 mauum.nt 46 ►rae,OMt ash Soefotafy o1 pis swat named a •a•^-• and 2 allyeCthtMe08N le *Minim 1M that Owl lolCWM wet,Ila0MMM a swat President Ina Secretary• rlap1CtMOe. es Mad LM0Or1tN0. tills tea tie den 111R1ed 1111e 1,011110061 nMvuTMt se the content" 101 of sent oo,00reGbn end I0.• "nod to 1*10 1 111a0101 by 0iw anti noon sa0orlll sIRlhenry. s110 that end u90lunonl 11 the ass act and 01o0 of sat COroenl,0n WITNESS my wows end abeam mot 11e der so A.0 19 Mau *f Nolen Ruben el Ler94 My comm,a10a same) _. 7 7s 7/ J „+ • .UIC THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE St1 N AT THE END OF THIS DOCUMENT • '.ha;.ut4 kxr I. • - The bales •o •n.l Note, whether maker, endorser. surety or guarantor fen of venom art hereinafter mdludtd tn• ter-• On. go• - oromdt •^ oar to the order Of CONSOLIDATED SANK, N.A Iseid bane and any tubteduent horde, ner0.M*ter canto 'Mao., , at 't :c , 49 street M Mean Florida 33012 for at Such other blaca el the Motd.r hereof mar de„gnsnt. me sum of ONE !BILLION THREE NINETY-NINE THOUSAND SIX HUNDRED FIFTY AND NOi10O (S1,399,65C.00) w.th nter•s• at a rate per annum which et all dm111 Mall Oa I I oil oat efnt oar annum move me E Bete Rate or ., �•tcc..^ _ r• tear, sr. lol,ned on the reverie 110111011 Ennt Chang, to the ,Merest rill aoumnq Iron manta .n the Sate Rate or 0,1Count note 'a' - , - oW of yen sucr, change ,n Int Base Ran or 0Itount Rate P,.nci0at and interstl stall bt paid at follows 51 onthly prtnctrat : a : -'. .Mount of S2,00,OO plus Interest shall be due and payable commencing on the 29th day of ,'', : . - an the 29th day of each and every month thereafter until May 29, 1992, on which date the env.:: . _._._... princtpal balance together with all accrued and unpaid Interest shall be due and pavable ana All ;at•clents made hereunder shall first be applied to the payment of late Interest and late then. t 3ccrl:ed Interest; the balance thereof shall then be applied toward the payment of .::.a:. . to the mootthit lmte,f *fluted by Obheot w,th,nd,eahon of Slid sooroprutt rate designation having been rnedvsrt*ntly om,neb 000w byre Holder, the Molder ,say mirk the appropruto rite dtllgnation SO,' 10 Correct such oeteni Omlta,O4, Ind Oblige, 'greet t0 bet bound t.ltrebv es .1 the ipprdpnote rate doinilnetlon Ned boon preptlfy 'renewed pn0r to or at eslCuti0n of MIS not.. Aa used m this mallvr0int the term 'Colleterfir Shall refer 10 thole rams 1o1C,1,c1Ill, acne0ulad,n Into note together wren an proctors or aeon :o- pc • •-a• •el a-. pwp0ta *nether lh 1Ntt for prey Obligor Or for eyelet*.Pledge collectrono,Otherw,ss,.0 now of Marianas to Ma aatue Or cOnllruOile p0 .On0• 0• •••a^1,l •0 •me mower in any elpaetN. di 000,'pondento or agent, end the light of ,.Lore agamas all dep0ut1 and credit of each Obligor *,tn ano ail creams or etc., ?o,.go• the Molder el eny hm1001ating. With remDeet lherel0, the MOIMMS underhand that the Kotler H au1MOrra10 at any lima 01 tomes *t1n0u1 pia nonce'0 epp'v sv:• :: 'a •e,s in *noes 0r to pan, and. to such order as the Helder may OWL 10 lie payntnl01 01 al I Magna ggainal One Or more Ot Mt Obi,gas,ona i1a Wilma° .n " s •a••_-e^• w.sst.af Otneleollatnl thereto, deemed 1We9uate or net As upe 1n this instrument int tarn. ObSquten1 loan nano th. ,1Ol0t0nala re0t at^r t0 0. •• a -o to and all ,anewuo and ayand°Uent nano. and ct,m1 Of every nature end delc0pt10n 01 Ihe Holder 'ginner the Obligors...name, present or ryi Wl : stir wee ..t• acquired IN the Fielder. end whdthet p10t. leveret. 10ed1u10. connivent. matured unmatured. bpy.a01g0. unhdwdhed mne, or m0n,'t N mono, lad pornant Otthis non and of0Il of the Ob11hrOnt. the Obligati roomy and servant/give the Mauer a c0nnnu,nq lien ono S.Od•,0 nfent. -.'. •-• Ca141NI1. melv4tng with0et limitation tiny property *n*0h mar be pounded below SEE ADDENDUM ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THE MOLDER AND THE OIUGORS SMALL HAVE THE RIGHTS AND OUTIES WITH RESPECT TO THE COLLATERAL AS SET 0OR1.. . -E I.-. 5 -_'•, CONCERNING RIGHTS AND DUTIES WITH RESPECT TO COLLATERAL PRINTED ON THE REVERSE HEREOF The happening 0f any of the 10110wm9 events Shell Constitute a default hereunder, lei failure Or env Obligor to pay in run env Ormc 0a •••t0• •.. poorpo4e, promptly orlon ,I Decant,' out: tot failure of any Obligor to pay in full *hen due any rndebtadnMa. 0019000h. or rennin 10 14010a, *nitoover :, 1^. T'- • :g shwgo) er interest Merton; (01 lulu, of any Oplgot to Dederm am agreement hereunder or under env Mount adr,'mattt seCunnp the Obligations..° •••a 't. •- •• r• Obligor fen if any Obligor b000mea m10hreet Of any thedMney Dr000edind0 lee easel (0, 1t 'mwlwnr' and ",nsetwner ereeat0ni9e are d.1.h0^. • •.• • _ - COeumare,.lCadeetpenalat"meo led or mateb. Or eielhet en. Obligor. or0p0I.Cahen teethe &Oberminim of ''Hewer ter any obligor or for an. y••a1110•t •• a•. 000ocr In the.Yurnp of any tow atlaenmentorgamrehmelt1. 0t the Iifmi of any hen against Shy OroPery 01 any Obligor (pi the asatgnmentov env On., p •-•.-•• . •.• My 04 the Colt.f.rsi without written C0na1n1 of the Holder. i, at any Sins the Molder 10111na that any w4Mney. representation. certificate Or s1at1100M1 el any Obligor (whether 0ontl.Me m m„ note o• -T t --, • - • ' connection with Mil Clete erthe tan en creed evidenced Whim note Of any agreement securing this Melt. may net b. mg ...00nln. 'ga0e--: -• •• - - °Hwlt *a defined herein. or if Meld', 11 any um1 flat m,'pur• .0, any r w0e110Mrp UI Ina anon„mount of tin• non remelmn9 vno.e e11 ' • • 1 -' Degeol0 .m Orel, or Ou0Ount and eny re01101 raewrad by lacy. 'nab become due and parable Iprt0w•Ih Or thereafter et Me dpnon of me r.o,oe• •• + - demand in no 'rent and under no 0or0limalanCal shell Herder be anhtntl nanunda• 10 unacerued or unume0 ,nrereu a etnh cna•g01 •n lie • .•• - - • . - deducting Ins paid rand unKCNed Or paid Ind unearned interest from the On0Cl90l bllente then 0u0. tilt linen u000,4 pnncipa• OaianC. nee:. • : ,' . • unesi0 .m ereet shell OHO ,0101111i Item the Ilene Of such default et me ma■rmum legal lit plrmtlible In no event snit toms. no arwmstant as she -• • • - • nSrewlOer to IKON, eltmbm/ en. Chortles not allowed Or permibed ay taw olnv miner orntl.nai rate in 000es0011he ma aim.rm ali0w000. a* - -. M0Ounl of env chugs or pgymeet duo monomer Noll crusts Or snail 0e domed t0 coat an mtanet Omani. m ugly. of the mga,mum oar*..i e • _ , - Mateo- of0R any Ugh a111n10ude0no ni soon b0 4 Onlnf0r00101. Ina Herd and .tS C011eCSOn shell be wowed. wrth0ul aneaSe9 the rem11neer of •1,r : C :rt • ^• - . he/My. ano any such .seam amount which may nave Wen peed tip tie Meader snail be rotundas. t1.1 N01011 Ma.. at di Option m0r1u0on or tn...ehe• •e _ • • 1.Op11.tt.0 el eny Obligor et any et them selectee by NOI0MI0Otwitn1tl00iO4 any P eureion0 IherpR• immediate's due and 01va010 ...fn0ut teem/• • • • -'•• . • ' 1. • (tut rim suers sdhgiment.. I. any, wile teepee' re any in11re11 a ether charge, ore msy be w0*001 for .n the w0m.ssew note or Other w1.A,t9 e, ten' - • • . . (u,( Holder thou neoe anal Mt, a serclss w,tn4*r Demand any linden to NMI* rlmed..lprented10 a ssturedperwupon 0401 uncle, me um. •_•- --•• ' . '.. el Fonda. or 011111tr.0 aret11010 10 040101O (mCtud,0g iliac ay0t1aa0 yndef She •nmtU0.0OtiuMnt .0 seld,Son oo Ion, not ntat.n; to env 01 the 01 • • . . t0.110n end, without Inmsbad M* glhereltty of the foregoing. Molder "nett/we the nins immed!ately end *,Ih0ut tonner0el00 Oe .t. M let OM aga•n a • •- 1 • a' a • "wed by Mptd.r m enreatteeily molten or tin OG.9O0. whether of net Ova. and also to oft ag8Mt all •Sher',ebonies et seen merer to Neres, ati •-o• e. `* a ::. - .: v toany 00010.ly10sed10f Mv0bl.g0o and Holder shall be deemed to nlreese,ereed such right of pil•eM and to have madee c herd. epann8UMO•:--•••e. •. . Stale, the 0004rNt0 Of man d1ller1 or 01M1 event win though such cheap* to made r erbe,p 0. ilia beaks of M010er aubs.0Wlit H,O1.re Wrm r11000 10 any and all 0b1r9a110111 Ins001.00F,1.r.rNp villa metonow.ng. 11s111'tents 01.ompuOn orprop.m /pm .sy. or sa.. •-ce ., - prptes, lit, the c01I.Ch00 Of Slot under the Constitution 0s rewa of ant United Slates o of 0nr state thereof; 121 Demand. Or1vnImen1 Drone- •n• . - ' • •- ' • edaool Ins pen. hap eon Other re4WNIm00O he0.saery 10 Cerra 01 n010 any Obligor Lane en My Oblegal.on: 131 an, horny hater Oi ,01 j• gt•^- w •.tp -• WHOM' Mow Of wallow de0el.ted or statement of miles et0Mss: let sit Otawlo, pepw'ions and l$O4,*set for me 01n.Mi pi any obt,gor .s - -re.-• • • - (10 the astern Diel1M,a may be walr•di 151 the nglt le "IMMMO', OM NI.OII Of C-OntIClam of any Aaiun Or destr101•e0 in env nl.gen0n m *n.e- `•. -- :r . . OMi9M Snell M edyene Domes The Obligors esylrelly "ante mat am Obi.gH,pn0 01 any Obl,9O( Mee. from tome to Hit in *nor" or in pan :e ....are: et •- • :e - m00diO4. OCCHr0110. c1nlp1On'a10. 0lChardfl Or re11ea10 Wine M0I4M. Ina any COIIalral.lien .AWOI rpm aesMO0 tatua.%tiny OOSgat1009-tor. ••--• -.•-. -r in whet Of 1h pant. be uchande0. sold Of ,tossed. all w01Ow IsOL41 10 01 feeble, ,1OnW WOO el Mint ammo eny Otinoo* Ina III w.mOu! • a....a..-.: •- modem) the mootyetmy(hew. TM Obl•pwal0•mly and/.y',ellyep„ t0 pee all Ming lee,and 18.es8ndell bests el collecting or securing o•a••e-r•-;• , seam erns 0611istteoo..netudlnp townies tees. Yahoo'', or not ,nwiyrn9 l.Igalon a1N0 a0pe14to 01 0Op'nl$ The Helder shell eel by en. Set. Ogle.. (Mallon on 0111so1wt/ M dearh10 se here *dyed soy 01 lie WOO M nm10loll. are lie wai•.• :• I... . yM.Nm*nuns and dined gym. Holder Aieng110 and Ferments Oaths Helder under the terms ea Hue malelion under 0nr ettuies or r0,e10r ,•* s-. - - may 0. esartes4 evaimawaly w c nasmanlly The 001.901$ 10mily and severely sires that the Nlllar 01Ml l sn11110010 I11 me r.gnis 0r a mu ',a . - hedOttebt0 m0tita.00nt Th.s Mote smut OS governs° by and Cenhnsed •0 a*0001IOCe s*M m. Well Of the Stew of Pones any 0,0*•,pre 0• •• , _ . • . • • • ,usM10rc1lel10 Of mnal,d under am ,aw Shall ere m0N tense le the *statet 01 sock s11M0/,1aMlrh w iMel,aw w,fhOut e1Otmng the Into1C010•t.l. L. .. • - WOyerIn Mop/ My AGSMs re0lrued 10 be giNn 10 Mr Deleon Nell be deemed '.11h0.elm it monad peeled' prepare. 10lwen Oerson s address as • .O: - ••. ' - - w, If none opp.M1. 10 env fewest .A the Helder s tam. Tm Mettler snap none the meet unire,pWy to cerret patent errors .. 1ni0 opt' Each end eery 001.201 areas t0 be Whine by Me ero*I4One immee M 011Nw1N 14p*Oml9 en tee trio and the ,Ove111 PIN 0• 1,1 "'Ise The 001.9M0 Snell be tomtit and s.0erelly balle fur en meebtednlll r/Orelenep by this note one nwo 0u0OCneett me., names nerve *••-- • • • • • anyone etas snout' 0ign Or 00com0 Octane he,0n end w.MOW any Other centime(' whatever Ming moo* Thep0Wseren0 COMA noteore b,nermvn-•-*'-e .1 11•e:.• •. aolnNtetrel.re.annena and UCt10e01Of000h104ere,0bl,dr01e Nollinure10 Me benefit ofIha Helder itsuKc.sIOn end st0. lie Tine ,Ore•1 s.41._•0t.•:..•-• Nal01eat%Htoo00h9011 MIAMI CH1NESE COMMUNITY CE".TER. - - a a a nit eo partnersht� ApOr.p 331 N.E. 18th Street BY:b1LAML CH NATO\:':o Florida coy ration. as general ^at ar se• Miami, Florida 33131 Documentary Stamps were affixed to the Mortgage and v.,-:re cancelled. tsaac anon, ' restaent Attest: 91.r.. 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • in accordance wrIt 'timelines set forth re the ThIssubrnirlar needs lee he scheduler for a review inforrnahon at the public hearing ,anmm¢n . Doors na ¢¢ ¢n puhuirererre Code The aprol.eble decision -making �rya v a9 / PZ-22-14439 01 /16/2 ADDENDUM TO THAT CERTAIN RENEWAL AND MODIFICATION PROMISSORY NOTE DATED AS of MAY 29. 1993 IETWEEN MIAMI CHINRSE COMMUNITY CENTER, LTD., A FLORIDA LIMITED PARTNERSHIP, AS OELIOOR AND CONSOLIDATED BANK, N.A., A NATIONAL BANKING ASSOCIATION, AS HOLDER, IN THH PRINCIPAL AMOUNT TO BE RENEWED OF $1,399,630.00. The Real Property described in that certain Florida Real Estate Mortgage and Security Agreement dated March 10, 1983 and recorded March 14, 1983 in Official Records Book 11724, at Page 1472, as subsequently modified by instruments dated June 27, 1983; August 30, 1985; May 29, 1986; in addition to an Assumption Agreement dated November 10, 1988 and recorded November 14, 1988 in Official Records Book 13892, at —Page 677; and an Extension and Modification Agreement dated as of May 29, 1991, all recorded or to be recorded in the Public Records of Dade County Florida executed by Obligor, as Mortgagor and Holder, as Mortgagee. In addition to the foregoing this Note is secured by UCC-1 FLnancing Statements filed with the Secretary of State, State of Florida and Clerk of Court, Dade County and a Collateral Assignment of Lsasss and Rants, all executed by Obligor in favor of Holder hereof. MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership BY: MIAMI CHINA►TOWN DEVELOPMENT CORP., a Florida corporation, as general partner By: ISAAC SHIN, President Attest: JOAN SHIM, Secretary (CORPORATE SEAL) 779 i THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ADDENDUM 01 rhe in racepmmLnofrte "9 accordance needs forth c�Tyoflelerni Gude The applicable Pension -mob, holy ext1 ADDENDUM TO THAT CERTAIN PROMISSORY NOTE DATED May 29,1991 EXECUTED BY sf(A)(1 (''HIUFSF rclliC`FNTFit, 1 T11 FInridA limirrd pArrnrrshih - ("BORROWER") AND CONSOLIDATED BANK, N.A., ("HOLDER") IN THE AMOUNT OF S 1,399,650.00 IDDITIONAL TERMS AND CONDITIONS THIS PROMISSORY NOTE I5 PREPAYABLE IN WHOLE OR IN PART WITHOUT PENALTY. THE BASE RATE AS DEFINED HEREIN IS A REFERENCE RATE OF INTEREST ADOPTED BY HOLDER AS A GENERAL BENCHMARK FROM WHICH HOLDER DETERMINES THE FLOATING INTEREST RATES CHARGEABLE ON VARIOUS DEBTS TO BORROWERS WITH VARYING DEGREES OF CREDITWORTHINESS. OBLIGOR ACKNOWLEDGES AND AGREES THAT HOLDER HAS MADE NO REPRESENTATION WHATSOEVER THAT THE BASE RATE IS THE INTEREST RATE ACTUALLY OFFERED BY THE HOLDER TO BORROWERS OF ANY PARTICULAR CREDITWORTHINESS." OBLIGOR SHALL PAY A SERVICE CHARGE TO HOLDER EQUAL TO FIVE PERCENT (5%) OF ANY PAYMENT WHICH IS RECEIVED BY HOLDER MORE THAN TEN (10) DAYS AFTER THE DATE SUCH PAYMENT I5 DUE. THIS SERVICE CHARGE SHALL BE IMPOSED TO COVER THE INCREASED EXPENSES OF THE HOLDER FOR THE HANDLING AND COLLECTION OF ANY SUCH DELINQUENT PAYMENTS. OBLIGOR AGREES THAT THE EXACT AMOUNT OF SUCH ADDITIONAL EXPENSE IS DIFFICULT TO ASCERTAIN WITH ANY CERTAINTY IN ADVANCE AND THAT SUCH SERVICE CHARGE IS A REASONABLE GOOD FAITH ESTIMATE AND DOES NOT CONSTITUTE INTEREST OR A PENALTY. THIS SERVICE CHARGE. SHALL BE IN ADDITION TO ANY INTEREST AT THE DEFAULT RATE WHICH MAY BE IMPOSED BY MOLDER, AT ITS OPTION. OBLIGOR AGREES TO REIMBURS! HOLDER ON DEMAND FOR HOLDER'S FEES, EXPENSES, COSTS (INCLUDING COSTS ALLOCATED BY ITS INTERNAL LEGAL DEPARTMENT) AND CHARGES IN CONNECTION WITH THE INTERPRETATION, COLLECTION OR ENFORCEMENT OP THE OBLIGATIONS INCLUDING THIS NOTE, INCLUDING WITHOUT LIMITATION A REASONABLE LEGAL COUNSEL FEE. IN NO EVENT SHALL ANY AGREED TO OR ACTUAL EXACTION CHARGED, RESERVED OR TAKEN AS AN ADVANCE'OR FOR FORBEARANCE BY HOLDER AS CONSIDERATION, EXCEED THE LIMITS (IF ANY) IMPOSED BY THE LAW APPLICABLE FROM TIME TO TIME, FOR THE USE OR DETENTION OF MONEY OR FOR FORBEARANCE IN SEEKING ITS COLLECTION. IF FOR ANY REASON THIS NOTE OR THE OBLIGATIONS RESULT AT ANY TIME IN AN EFFECTIVE RATE OF INTEREST THAT TRANSCENDS THE MAXIMUM INTEREST RATE PERMITTED BY APPLICABLE LAW (IF ANY), THEN WITHOUT FURTHER AGREEMENT OR NOTICE, THE OBLIGATION TO BE FULFILLED SHALL BE AUTOMATICALLY REDUCED TO SUCH LIMIT AND ALL SUMS RECEIVED BY HOLDER IN EXCESS OF THOSE LAWFULLY COLLECTIBLE AS INTEREST SHALL BE REIMBURSED TO OBLIGOR OR, AT HOLDER'S OPTION, BE APPLIED AGAINST PRINCIPALt WITH THE SAME FORCE AND EFFECT AS IF OBLIGOR HAD SPECIFICALLY DESIGNATED SUCH EXTRA SUMS TO BE SO APPLIED AND HOLDER HAD AGREED TO ACCEPT SUCH EXTRA PAYMENTS AS A PREMIUM FREE PREPAYMENT. OBLIGOR AND HOLDER SEVERALLY, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR PROCEEDING (REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM), BASED ON THE OBLIGATIONS, INCLUDING THIS NOTE. OR ARISING OUT OF. UNDER OR IN CONNECTION WITH THE OBLIGATION, INCLUDING THIS NOTE, OR ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTION OF OBLIGOR OR HOLDER. THIS PROVISION IS A MATERIAL INDUCEMENT TO HOLDER TO MAKE THE LOAN. Cs ODOCUMENTOPRNOTE1 12/21/B9 Rbd Fa tittrtaipTY CENTER, LTC Nne[U 1SAAC SHIN, President Attest: JOAN SHIH, Secretary (CORPORATE SEAL) 91- 779 24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ?R M:SSL'AY NOTE S263,500.00 NOTICE Thins..M.,INuMinernkn nag RamiCcde,ea yWil PZ rnalrn 22-14439 01/16/24 November I 1988 FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CEN'ER. ..TD., a Florida limited partnership (hereinafter called "Maker"( hereby jointly and severally promises to pay to the order of CITtCCRP SAVINGS OF FLORIDA, a federal savings and loan association. (hereinafter called "Association") at 1 Citicorp Savings Plat.;, 8750 Doral Boulevard, Miami, Florida, in lawful money of :he United States, in immediately available -funds, the principal amount of Two Hundred Sixty -Three Thousand Five Hundred Dollars ($263,500.00), or so much thereof as is advanced, with interest computed on the unpaid principal balance thereof from time to time outstanding from the date hereof until maturity at a fluctuating interest rate per annum equal to one and one -quarter percent (1.25%) per annum above the Base Rate (as hereinafter defined) in effect from time to time, which rate shall change as and when said Base Rate shall change during the life of the note (but not to exceed the maximum lawful rate permitted under applicable law). "Base Rate" shall mean the annual rate of interest announced from time to time by Citibank, N.A., New York, New York as its base rate. The Base Rat. .s neither m ecificaliy tied to any external rate of interest or index, nor does it necessarily reflect the lowest rate of interesr actualy charged by Citibank. N.A.. to any particular class or •.;tegory f its customers. If, for any reason, Citibank, N.A. !Nes publish a "base rate," then Base Rate shall mean that rate ,f ::--merest published in the Wall Street Journal under the column entitled "MONEY RATES" under the heading "Prime Rate." In the event that the Prime Rate published by the wall Street Journal is a range, the Base Rate shall be the highest number of the range. The interest rate charged herein shall be adjusted simultaneously with adjustments in the Base Rate. Interest rate changes shall be made immediately and shall apply on the outstanding principal balance due on this Note. Commencing on January 1, 1989, and on the first iiay of each an every month thereafter until January 1, 1994 principal payments of $1,463.88 shall be due and payable together with monthly interest payments, computed as above provided. The balance of all accrued but unpaid interest and all principal then remaining unpaid shall be due and payable on January 1, 1994. This Note shall be prepayable in whole or in part without penalty at any time. Partial prepayments shall be applied to installments of principal to. become due thereon in the inverse order of the maturity thereof and all prepayments shall be accompanied by an amount equal to the interest accrued thereon to the date of receipt of such prepayment in collected funds. This Note is secured by (i) that certain Mortgage and Security Agreement executed by Maker in favor of the Association dated of even date herewith (the "Mortgage"); (ii) that certain Assignment of Leases and Rents of even date herewith executed by Maker in favor of Association; and (iii) that certain Guaranty executed by Isaac Shih and Joan Shih, his wife, in favor of Lender dated of even date herewith. All payments made hereunder shall be credited first to Association's expenses, if any. then to interest and then to principal; however, in the event of default, the Association may. in its sole discretion, apply any payment to Association's expenses, interest, principal and/or any lawful charges then accrued. It is the intention of the parties hereto that the provisions herein shall not provide directly or indirectly for the payment of a greater rate of interest or the retention of any other charge than is allowed by applicable law. If for any 91--- 779 7 5--- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PZ-22-14439 01/16/24 :'rayon, ."terrsr rxCy... n, 3-ar;e proh:b:ted by law shall a: a-y a pa any s,;-n excess - shall rather constitute and ce -reared as a payment on pr:.,, pa_ cr be refundeddirectly tc~e Meer. If any of the payments of interest and principal sha1: not--), be paid within fifteen t15) days after they become due or shou:d there be a failure to comply with any of the terms and covenants contained herein or in any agreement securing this Note, including but not limited to the Mortgage, or in any other instrument now or hereafter existing and relating or pertaining to this Note, beyond any applicable cure periods, if any, then such shall constitute an event of default hereunder ("Event of Default") and the entire principal sum and accrued interest sha:: become due and payable at once, at the option of the Association. Upon the occurrence of an Event of Default the principal sum then remaining unpaid, plus accrued interest, shall bear interest at a rate bf four percent (44) per annum above the Base Rate specified above (not to exceed the maximum lawful rate permitted under applicable law) (the "Default Rate") computed from the date of default and continuing until such default is cured. In the event of the acceleration of this Note, the total for interest and the nature of interest shall not exceed the maximum allowed by applicable law, and any excess portion of such charges shall be refunded to the Maker hereof at the time of acceleration. Such crediting may be made by application of the amount involved against the principal sums then due but such crediting shall not cure or.waive the default occasioning acceleration. Upon occurrence of an Event of Default, the Association may institute appropriate legal proceedings against the Obligors (for purposes of this Note, Obligor shall mean each and every party tc this Note, whether as Maker, endorser, surety, guarantor or otherwise) to obtain judgment on the Note and/or to exercise its rights and remedies as a secured party under Florida's Uniform Commercial Code or other applicable law. Upon the occurrence of an Event of Default, the Association shall have the right, at its option, immediately and without further action by it, to set off against the Note all monies owed by the Association in any capacity to any of the Obligors and also to set off against the Note, all other liabilities of the Association to the Maker and all monies owed by the Association in any capacity to the Maker. The Association shall be deemed to have exercised such right of setoff and to have made a charge against any such monies immediately upon the occurrence of such default even though such charge is made or entered on the books of the Association subsequent thereto. The Association may at any time in its sole discretion compromise, settle or extend. the time of payment of any of the demands or obligations under this Note, and all of the parties liable for the payment hereof hereby make, constitute and appoint the Association, his or their true and lawful attorney for this purpose with full power and authority to compromise, settle or extend payment of said demands or obligations and to acquire, satisfy or discharge the same of record, or otherwise, as the parties liable for the payment or collection hereof might, or could, do if personally present. Each Obligor agrees, jointly and severally, to pay all costs of collection, including attorneys fees. Each Obligor agrees, jointly and severally, to pay all costs of fees and attorneys' fees on appeal, in case any of the principal and interest due on this Note shall not be paid or should there be a tailure to comply with any of the terms contained herein, or to enforce the terms of this Note, whether suit be brought or not. Each Obligor hereby waives demand, except as herein set forth, presentment, protest, notice of protest, and notice of dishonor, and agrees to pay all costs, including attorneys' fees -2- 9 J. -- 7'7 9 7 6 THIS DOCUMENT IS A SUB-ITUTION TO ORIGINAL. BACKUP ORIGINAL CAN and any a::arre,s' fees _ ?]_.--•etrer s... :e brought Jr not, :f counsel a:ter -at .:.f of _..:s Note default '^ereur,der be emp:o ec ---:_�e=- :s Note, or to enfo,:e the terms of this Note. Eul.:h Obligor hereby consentz :J any modifications. replacements, extensions or renewals of this Note or any par: thereof by the Maker and Association without need of notice, and agrees that it will remain liable as such during any modification, replacement, extension or renewal hereof until the debt represented hereby is fully paid. Each Obligor consents to and waives notice of any and all waivers and modifications that may be granted by the Association with respect to the payment or other provisions of this Note, or to the release of any Obligor or any collateral or any part thereof with or without substitution. The Association shall not by any act of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver shall be in writing and signed by the Association and then only to the extent specifically set forth therein; a waiver in one event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. Notwithstanding anything contained herein to the contrary, no payee or holder of this Note shall ever be entitled to receive, collect, or apply as interest on the obligation any amount in excess of the maximum lawful rate under applicable law, and in the event the payee or any holder hereof ever receives, collects, or applies as interest any such excess, such amount which would be excessive interest shall be applied to the reduction of the principal debt; and, if the principal debt is paid in full, any remaining excess shall forthwith be returned to the Maker. In determining whether or not the interest paid or payable under any specific contingency exceeds the highest lawful rate. the Obligors and Association shall, to the maximum extent permitted under applicable law (a) characterize any non -principal payment as an expense, fee or premium rather than as interest. (b) exclude voluntary prepayments and the effects thereof, and (c) "spread" the total amount of interest throughout the maximum term of the obligation so that the interest rate is uniform throughout the entire term of the obligation. Wherever used, the singular number shall include the plural, and the use of any gender shall include all genders, wherever the context so admits. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed the day and year first above written. MIAMI CHINESE COMDMUNITY CENTER, *LTD., a Florida limited partnership By: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, its general partner jfh345f -3- By: ISAAC SHIN its President 779' 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE This aulamtlial. needs. to be eche:Med -for a outran hearing in Fr...mew...nehmen set torgr In the C. rat Warn Crzie The Burka. decision marrhn hotly ring macro the arlognaltlon tge walla gearing to rend er a recarrinenciat on or a final dace. PZ-22-14439 MORTGAGE AND SECURITY AGREEMENT THIS MORTGAGE AND SECURITY AGREEMENT ("Mortgage", -.ade delivered as of this :? 9 day �i Nc.en;oer 98 by MI AM: l:'r.:VESc COMMUNITY CENTER, LTD., a Florida limited partnership. whose address is c/o Ronald Silver, Esq., Courthouse Tower - Suite 40 , 44 West Flagler Street, Miami, Florida 33130 (hereinafter referred to as the "Mortgagor") and CITICORP SAVINGS OF FLOP:DA. a savings and loan association organized and existing under the laws of the United States of America, its successors, legal representatives and/or assigns, whose address is One Citicorp. Savings Plaza, 8750 Doral Boulevard, Miami, Florida 331/8-2402 (hereinafter referred to as the "Mortgagee"). WHEREAS, Mortgagor is the fee simple owner of the Mortgaged Property (as such term is hereinafter defined); and WHEREAS, simultaneously herewith, Murtgagor has executed and delivered to Mortgagee a Promissory Note (the "Note") of even date herewith in the aggregate principal sum of TWO HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($263,500.00) the interest rate of which may be increased or decreased in accordance with the terms of the Note: and WHEREAS, Mortgagor has agreed to execute and deliver this Mortgage and Security Agreement to Mortgagee so as to secure the Nute. NOW, THEREFORE, in consideration of the execution and delivery of the Note and for other good and valuable. .onsideration and in order to secure ta) the payment indebtedness evidenced by the Note, lb) the payment ` dll of�, :non:es secured hereby, and (c) the performance under •r'y : documents executed in connection with the Note and ("Loan Documents"), Mortgagor hereby agrees that the Mr:••:,. shall he a first lien which encumbers all of the f".ins_ . property: (A) THE LAND: The parcel of real property situated ?a County, Florida ("the Land"), more purti_ularly des(. ter'? Exhibit "A` attached hereto and made +a par,. hereof. (8) THE IMPROVEMENTS: (1) All the buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and (2) all fixtures, furniture, machinery, equipment, and personal property of every nature whatsoever now or hereafter owned by Mortgagor and located in or on, or attached to, and used or intended to be used in connection Stith or with the operation of, the Land, buildings, structures or other improvements, or in connection with any construction being conducted or which may be conducted thereon, and owned by Mortgagor, and all extensions; additions, improvements, betterments, renewals, substitutions and replacements, to any of the foregoing, and all of the right, title and interest of Mortgagor in and to any such personal claim, which, to the fullest extent permitted by law, shall be conclusively deemed fixtures and a part of the real property encumbered hereby (said buildings, improvements and other property being collectively hereinafter called the "Improvements"). (C) EASEMENTS: All easements, rights -of -way, streets, ways, alleys, passages, sewer rights, w.iter rights and powers, and all appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Mortgaged Property or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Mortgagor. (D) TOGETHER WITH: (i) all the estate, right, title and interest of Mortgagor of, in and to all judgments, insurance proceeds, awards of damages and settlements hereafter made 9 I_ --- 7 7 978 rms uuLumENT ISA SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END Or THIS DOCUMENT Mortgaged Property or any par: :.._.__: ..r.oer the power or en: -.en domain, ur for any damage twhe7. e: n;.sed by such taking or otherwise) to the Mortgaged Property or art part thereof. or to any rights appurtenant thereto, ar.i a.: ;ro:_eeds of any sales or other dispositions of the Mortgagee P:opertty or any part thereof including any awards for changes of the grades of streets or as a result of any other damage to the Mortgaged Property; and Mortgagee is hereby authorized to collect and receive said awards and proceeds and to give property receipts and acquittances therefor, and (if it so elects►, subject to the terms and conditions hereinafter set forth, to apply the same toward the payment of the indebtedness and other sums secured hereby, notwithstanding the fact that the amount owing thereon may not then be due and payable; and (ii) all contract rights, general intangibles, actions and rights in action, including without limitation all rights to insurance proceeds and unearned premiums arising from or relating to the Mortgaged Property and (iii) all proceeds, products, replacements, additions, substitutions, renewals and accessions of and to the Mortgaged Property. (E) TOGETHER WITH all rents, income and other benefits to which Mortgagor may now or.hereafter be entitled from the Mortgaged Property to be applied against the indebtedness and other sums secured hereby; provided, however, that permission is hereby given to Mortgagor, so long as no default has occurred hereunder, to collect and use such rents, income and other benefits as they become due and payable, but not more than two (2) months in advance thereof. Upon the occurrence of any such Event of Default, the permission hereby given to Mortgagor to ^,lle s .:-~. rents, income and other benefits from the Mortgaged Property shall terminate and such permisni.m shall nut he ret:. •ate,.! ,..-:. a cure of such Event of Default without Mortgagee's spent:: written consent. The foregoing provisions hereof :.Ilnll vonstituto an absolute an:: present assignment of the rents, income and other benefits fry;:: the Mortgaged Property subject, however, to the conditional permission given to Mortgagor to collect and use such rents, income and other benefits as hereinabove provided; and the existence or exercise of such right of Mortgagor shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by Mortgagor, and any such subsequent assignment by Mortgagor shall be subject to the rights of Mortgagee hereunder. (F) TOGETHER WITH all rights, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Mortgaged Property together with all security therefor and all monies payable thereunder, and all books.and records which contain payment made under the leases and all security therefor, subject, however, to the conditional permission hereinabove given to Mortgagor to collect the rents, income and other benefits arising under any such lease. Mortgagee shall have the right, at any time from time to time, to notify any lessee of the rights of Mortgagee as provided by this paragraph (F). (G) TOGETHER WITH any and all air rights, development rights. zoning rights or other similar rights or interests that benefit or are appurtenant to the Land or the Improvements or both, and any proceeds arising therefrom. (H) TOGETHER WITH all tradenames, prn)Prt logos, trademarks and similar designations for the project situated on the Land. (I) AFTER ACQUIRED PROPERTY: To the extent permitted by and subject to applicable law, the lien of this Mortgage will automatically attach, without further act, to all after acquired property located in or on, or attached to, or used or intended to -2- 9I- 7 7-4 3 PIIMPorl THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT r�r be used connection .ne iperation af, _-.e Mortgaged Property u: NOTICE e'nr m A.. of the property desc..oed i.aiagraphs (A), (B), (C), , )e:), (F'). (G), (H), and I :( each item of property therein described, is sometimes _,.;:ectively herein referred t_^ as "the Mortgaged Property," Where the context is appropriate the foregoing may individually ;r .:oliectively be referred to as "Mortgaged Property," "Premises," "Land," "Real Estate," "Real Property," or "Property." TO HAVE AND TO HOLD THE MORTGAGED PROPERTY and all parts thereof unto Mortgagee to its own proper use and benefit forever, subject, however, to the terms and conditions herein: Mortgagor hereby covenants with and warrants to Mortgagee that Mortgagor is indefeasibly seized with the absolute and fee simple titieito the Mortgaged Property, and has full power and lawful authority to sell, convey, transfer and mortgage the same, It shall be lawful at any time hereafter for Mortgagee to peaceably and quietly enter upon, have, hold and enjoy said property, and every part thereof; that said property is free and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessments; and that Mortgagor hereby fully warrants unto Mortgagee the title to said property and will defend the same ,against the lawful claims and demands of al: persons whomsoever. NOW, THEREFORE, the condition of this Mortgage is that if Mortgagor shall pay unto Mortgagee the original indebtedness. secured hereby in the original principal amount of TWO HUNDREZi SIXTY-THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($263,500.00) as evidenced by the Note on file with Mortgagee. together with any and all suns odv need to Nrk•tect the sr.'.urtr), of this mortgage, together with any and all future advances as are made hereunder, with interest thereon, and if Mortgagor sha:l perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants contained and set forth -in this Mortgage and the promissory note(s) secured hereby, then this Mortgage shall be null and void, otherwise to remain in full force and effect and Mortyayor does hereby further covenant and agree with Mortgagee as set forth below: 1. Installment Payments. Mortgagor shall pay all and singular the principal and interest and other sums of money payable by virtue of the Note and any renewal, extension or modification thereof and this Mortgage, and any future advances secured hereby promptly on the days respectively the same severally come due. 2. Taxes, Assessments and Other Charges. A. Mortgagor promptly shall pay when due all and singular, taxes, assessments, water, sewer and waste charges, common area maintenance assessments, ground lease rents, license fees, levies, liabilities, obligations and encumbrances of every nature with respect to the Mortgaged Property or arising by reason of the operation of the Mortgaged Property and to deliver to Mortgagee, receipts evidencing the payment of all liens for public improvements within thirty (30) days after same shall become due and payable; and shall pay or discharge within thirty (30) days prior to the due date, any and all governmental levies that may be made on the Mortgaged Property, on this Mortgage or the Advances or in any other way resulting from the Debt. B. Mortgagor shall pay the Mortgagee on the date of such regular installments of principal and interest as -3- -- '7'7 9 80 y 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT pan id, ,W a:aouct equu. l2t., or s�cn� pr•iiportionate share ,es and ,assessments as estimated by the Mortgagee .sr, s,:ff:c:ent to enable the Mortgagee to pay at least days before they become due, all taxes, assessments and other similar charges against the Mortgaged Property or any part thereof. Suci added payment shall not be, nor be deemed to be, trust funds, but may be co -mingled with the general funds of the Mortgagee, and no interest shall be payable to Mortgagor in respect thereof. Upon demand of the Mortgagee. the Mortgagor agrees to deliver to the Mortgagee such additional monies as are required to make up any deficiencies in the amounts necessary to enable the Mortgagee to pay such taxes, assessments or similar charges. In the event of a default by the Mortgagor in the performance of any of the terms, covenants and conditions in this Mortgage or the Note secured hereby;the Mortgagee may apply to the reduction of the principal sum or any other sum secured hereby in such manner as the Mortgagee shall determine, any amount under this Paragraph remaining to the Mortgagor's credit. NOTICE PZ-22-14439 01/16/24 3. Insurance. A. Mortgagor shall maintain liability insurance with a company approved by Mortgagee with limits of not less than $1,000,000.00 for any one person or any one accident, as to personal injury and not less than $250,000.00 for property damage. Such amounts may he increased from time to time oy Mortgagee and Mortgagee shall he named an additional insured. Mortgagor :shall al ,, keep the buildings nuw ur hereafter on the Mortgaged Property and the fixtures and personal property therein contained, insured by a company or companies approved by Mortgagee (!owing a General Policyholder Rating of A4 and a Financial Rating of Class X per A. M. Best and Company's Current Key Rating Guide), against loss by.flood, fire. windstorm and such other perils as Mortgagee may from time to time require in such amounts as Mortgagee may require and so chat Mortgagee's interest is not subject to co-insurance, and the policy or policies shall be in form acceptable to Mortgagee and provide for thirty (30) days' prior written notice of cancellation to Mortgagee and be held by and payable to Mortgagee. Mortgagee shall have the option to receive and apply any payments on account of the Note or permit application of all or any part thereof for any purposes without thereby waiving or impairing the equity, lien or right under $nd by virtue of this Mortgage. Mortgagor hereby assigns and will deliver to Mortgagee all policies of insurance as additional security and in the event of a foreclosure of this Mortgage, the purchaser of the Mortgaged Property shall succeed to all of Mortgagor's rights under all policies of insurance, including rights to proceeds and unearned premiums. B.. Mortgagor shall pay the Mortgagee on the date of such regular installments of principal and interest as required by the Note secured hereby, until the Note is fully paid, an amount equal tb one -twelfth (1/12th) or such proportionate share of the yearly premium for insurance as estimated by the Mortgagee to be sufficient to enable the Mortgagee to pay for the insurance premiums when due. Such added payment shall not be, nor be deemed to be, trust funds, but may be co -mingled with the general funds of the Mortgagee, and no interest shall be payable to Mortgagor in respect thereof. Upon demand of -the Mortgagee, the Mortgagor agrees to deliver to the Mortgagee such additional monies as are required to make up any deficiencies in the amounts necessary to enable the Mortgagee to pay such insurance. In the event of a default by the Mortgagor in • -4- 81 9 j... 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT -4.w,w.rrr..• the rer:Jrnan.:r a-_ conditions in tuts Mcr:;a: _r s_. se:.rec nerezy. Mortgagee may apply the re'- the pr..._.pal sum. any other sum secured he:'ecy .7 s..cr. manner as the Mortgagee shall determine, any ,;rni) ! . , -.:s Paragraph remai-in.; to the Mortgagor's credit. 4. Good Repair. Mortgagor shall keep the Mortgaged Property in good order and repair; promptly repair, replace or restore any part of the Mortgaged Property which may become damaged, destroyed, lost or unsuitable for use; not remove, demolish or materially alter any buildings now or hereafter erected on the Mortgaged Property; and shall permit, commit and suffer no waste, impairment, abandonment or deterioration of the Mortgaged Property or any part thereof. Upon Mortgagor's failure to keep the buildings and personal property on the Mortgaged Property in continuously good condition and repair, Mortgagee may demand any or all of•the following in addition to any other remedibs provided for herein, at law or in equity: (a) the immediate repair of the Mortgaged Property; (b) an increase in the amount of security; or lc) the immediate repayment of the Note. Mortgagee shall have the right from time to time to inspect the Mortgaged Property upon supplying notice to the Mortgagor. 5. Comoliance. Mortgagor shall perform, comply with and abide by all present and future laws, ordinances, regulations and rules of any governmental authority affecting the Mortgaged Property and not suffer or permit any violations thereof, and comply with all deed restrictions, restrictive covenants, Condominium Documents and plat restrictions applicable to the Mortgaged Property, all at Mortgagor's sole cost and expense. Mortgagor promptly shall perform, comply with and abide by each and every stipulation, agreement, condition and covenant set forth in the Note and this Mortgage, at Morr.gagor's sole :os: and expense. 6. Further assurances. Mortgagor will make, execute and deliver to the Mortgagee and, where appropriate, shall cause t. he recorded and/or filed and from time to time thereafter to be re -recorded and/or re -filed at such time and in such offices and places as shall be deemed desirable by the Mortgagee, any and all, such further Mortgages, UCC-1 Financing Statements, instruments of further assurance, certificates and other documents as may, in the opinion of the Mortgagee, be necessary or desirable in order to effectuate, complete, enlarge or perfect, or to continue and preserve: A. The obligation of the Mortgagor under this Mortgage and the Note secured hereby; and B. The lien of this Mortgage as a lien, upon all of the Mortgaged Property whether now owned or hereafter acquired by the Mortgagor. Upon any failure of the Mortgagor to do so, the Mortgagee may make, execute, record, file, rerecord and/or refile any and all such Mortgages, instruments, certificates and documents for and in the names of the Mortgagor, and the Mortgagor hereby irrevocably appoints the Mortgagee, the Agent and Attorney -in -Fact of the Mortgagor to do so. 7. Af;er Acquired Property. The lien of this Mortgage will automatically attach, without further act, to all after acquired property attached to or used in the operation of the Mortgaged Property or any part thereof. 8. Attqrnevs' Fees and Other Costs. Mortgagor shall pay all and singular the costs, charges and expenses, including -5- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT '"ob. ¢.time ®,nf ,ne° gym^, 01/16/24 attorneys' tees :ere pe.t.. s .t sna:: oe instituted! and appellate att::•::e;s' tees, incurred or paid at any time by Mortgagee because of Nc:_yagor's failure to perform, comply with and abide by each and every stipulation, agreement, condition and covenant of the Note and this Mortgage, and every instrument executed in connection herewith and every such payment shall bear interest from the date of payment at the Default Rate (as such term is defined in the Note). :f any action or proceeding shall be commenced to which action or proceeding Mortgagee shall be made a party or :n which it shall become necessary to defend or uphold the lien of this Mortgage, all sums paid by Mortgagee for the expense of any litigation to prosecute or defend the rights and liens created by this Mortgage (including attorneys' and appellate attorneys' fees) shall be paid by Mortgagor, together with interest thereon at the Default Rate, and any such sum, and the interest thereon, shall be a claim upon the Mortgaged.Property and shall be secured by this Mortgage. The sums paid or incurred in accordance with the terms of this paragraph, shall be paid by Mortgagor to Mortgagee immediately upon demand, and failure or omission to do so shall entitle Mortgagee to add such sums to the note, and, at its option, to declare this Mortgage and the Note to be in Default, thereupon maturing the Note including the sums advanced hereunder. 9. Event of Default. The term "Event of Default," wherever used in this Mortgage shall mean any one or more of the following events: A. Failure by Mortgagor to pay, as and when due and payable within the applicable grace period, any installments of principal or interes: •tue under the Note, or any deposits for taxes and assessments nr insurance premiums due herein. B. Failure by Mortgayor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage, any other instrument securing the Note or any other instrument collateral to the Note or executed in connection with the sums secured hereby for a period of thirty (30) days after Mortgagee gives written notice specifying the breach, unless within such thirty(30) day period, Mortgagor shall have taken diligent action to cure such failure. C. The sale, conveyance, transfer, or further encumbrance of the Mortgaged Property without the prior written consent Of the Mortgagee which consent shall be in the sole and absolute discretion of the Mortgagee as more fully set forth in Paragraph 29 of this Mortgage. 0. If any Obligor -(as hereinafter defined) shall file a voluntary petition in bankruptcy or shall be adjudicated as bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, rerPivership, dissolution or similar relief under any present or future Federal Bankruptcy Code or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of such Obligor or of all or any part of properties of the Obligor or if, within ten (10) days after commencement of any proceeding against such Obligor seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future Federal Bankruptcy Code or any other present or future federal, state or other statute or law, such proceeding shall not have been dismissed,•or stayed on appeal; or if, within ten -6- THIS DOCUMENT IS A SUB TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT .,,?;';: a:-aa:-er A tne -_'.se-.. Ju�Wc'S:r1?tee J: ��,:' _... •. -S:C', C'e_e:/e:- .� i lc(: dJrnr of such •�'I ...: ! . jr,.'00.^ _'.� Mortgaged Property, such appu,nt:rent sna.1 not have bee^. va Lacvd or stayed un ir.. •n J. If, within ten 110) days after the expiration of any such stay such appointment shall not have been vacated. Obligor is defined to include the Mortgagor any guarantor, surety,.endorser and accomodation party. E. If foreclosure proceedings should be instituted on any mortgage or on any lien of any kind affecting the Mortgaged Property, unless Mortgagor, within thirty (30) days after notice of such foreclosure proceedings, defends same and provides appropriate indemnification, by surety or otherwise to Mortgagee. F. If the Mortgagor or any other person or entity sha11 cause any construction of improvements to commence upon the Mortgaged Property. G. Any breach of any material warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any other instrument securing or evidencing the Note, or in any other instrument given with respect to the sum secured hereby. H. Any default with respect to any other ongoing borrowings which the Mortgagor may have outstanding from the Mortgagee during the pendency of this transaction, and notwithstanding anything to the zontrary contained herein, Mortgagee shall not be obligates tc; release any of the property held as collateral for this Mortgage or any other borrowings which Mortgagor may have outstanding with Mortgagee so long as any 10,in 'livrn by the Mortgagee to the Mortgagor is in default. • 10. Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note. 11. Mortgagee's Right to Cure Defaults and Power of Enforcement. If any Event of Default shall have occurred and be continuing, Mortgagee shall have the right at any time and without waiving or affecting its option to foreclose or any other rights hereunder, to pay such sums of money or to render such performance as may be necessary or required to cure the Event of Default, and all sums paid shall be immediately due and payable from Mortgagor to Mortgagee, together with interest thereon at the Default Rate and any and all costs, charges, abstract fees, attorneys' fees (whether or not suit is instituted) and appellate attorneys' fees, and other expenses incurred or expended in connection with the said payment or performance, and this Mortgage shall stand as security therefor, and any sums paid shall be deemed an indebtedness in addition to the Note. Additionally, Mortgagee may, at its sole option, either with or without entry or taking possession as hereinabove provided or otherwise, proceed by suit or 'suits at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the note or the performance of any term hereof or any other right, (b) to foreclose this Mortgage and to sell, as an entirety er in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent 91..- 779 84 -7- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN THE END OF THIS DOCUMENT 01 /16/24 v #9FVIEW Gtte a.. a5 :rtr s"a.. .ee• ?_ 1a. .or 3.._.. ..ses. The mcr:yayee sha:: :air5. proceedtngs -_ .:s powers .'en:._• ' - entry or taxno pubsess.Jr, ::pon csmme ..ceme :f su:: Jr cre:'os..re of this Mo::yaye. the unpaid principal Jf the Note, if not previously declared uue, and the Interest ac:rued thereon, shall at once become and be immediately due and payable. pon any such foreclosure safer, pursuant to judicial proceedings, the Mortgagee may bid for and purchase the Mortgaged Property and, upon compliance with the terms of sale, may hold. retain, and possess and dispose of such Property in its cwr absolute right, without further accountability. 12. Receiver. If an Event of default shall have occurred and be continuing, Mortgagee shall immediately and without not:_e be entitled, as a matter of right, and without regard to the value of the Mortgaged Property, or solvency or insolvency of the parties, to the appointment of a receiver of the Mortgaged Property, both real and personal, and of the rents, issues and profits thereof, with the usual power of receivers in such cases, and such receiver may be continued in possession of the Mortgaged Property until the time of the sale thereof, under such foreclosure, and until the confirmation of such sale by the court, or until Mortgagee consents to his withdrawal. All of such receiver's expenses shall be payable by Mortgagor and such amounts shall be secured by this Mortgage. Notwithstanding the appointment of any receiver, trustee or other custodian, the Mortgagee shall be entitled as pledgee to the possession and control of any cash, or other instrcnen:s at ;he time held ty, payable or deliverable under the ,f this Mortgage to he Mortgagee. 13. Receipts for Payment of Other Liens. Mortgagor shai: exhibit to Mortgagee written receipts establishing payment of a.. sums required to be paid under any other mortgage or other lien obligation pertaining -to or affecting the Mortgaged Property, nct later than five (5) days prior to the time that acceleration of such other mortgage or delinquency of such other lien obligation could be declared for non-payment thereof. 14. Assignment of Rents. Mortgagor hereby absolutely and unconditionally assigns to Mortgagee the rents, issues and profits of the Mortgaged Property, subject to the conditional permission granted to Mortgagor herein to collect same, together with all leases and other documents evidencing such rents, issues and profits now or hereafter in effect and any and .all deposits held as security under said leases, and shall, upon demand, deliver to Mortgagee an executed counterpart of each such lease or other document. Nothing contained in the foregoing sentence shall be construed to bind Mortgagee to.the performance of any of the covenants, conditions or provisions contained in any such lease or other document or otherwise to impose any obligation on Mortgagee (including without limitation, any liability under the covenant of quiet enjoyment contained in any lease in the event that any tenant shall have been joined as a party defendant in any action to foreclose this Mortgage and shall have been barred and foreclosed thereby of all right, title and interest and equity of redemption in the Mortgaged Property), except that Mortgagee shall be accountable for any money actually received pursuant to such assignment. Mortgagor hereby further grants to Mortgagee the right: (a) to enter upon and take possession of the Mortgaged Property for the purpose of collection the said rent, issues and profits; (b) to dispossess by the usual summary proceedings any tenant defaulting in the payment thereof to Mortgagee; (c) to let the Mortgaged Property, or any part thereof; and (d) to apply said rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness. Such assignment and grant shall continue in effect -8- 85 91- 779 • • THIS DOCUMENT IS A SU TO ORIGINAL. BACKUP ORIGINAL CAN E SEEN AT THE END OF THIS DOCUMENT 371j 'v: er.: tl:e ent .4a011 _!:e Nr+::cat ee pu:'suar: s .... - • .;ereb• •firJ :s __ >tcrtga,„ , Mortgage and :ne Note are nct . . Jtie_ said issues and profits and Mu: .:ayL. to --"a-- and receive the same until the uc:Lrrence of an Event ofDefault by Mortgagor under any of the covenants, conditions or agreements contained in this Mortgage or the 'jAte. Mortgagor agrees t.. use said rents, issues and profits in p„ymer.t of principal and interest becoming due on this Mortgage and in payment of taxes. assessments, water rates, sewer rents and carrying charges becoming due against the Mortgaged Property. Such permission to Mortgagor to collect and receive said rents, issues and profits may be revoked by Mortgagee upon any Event of Default by Mortgagor by giving not less than fiv.! (5) days written notice of such revocation. If an Event of Default shall have occurred and be continuing, Mortgagor will pay monthly in advance to Mortgagee, on Mortgagee's entry into possession pursuant to the foregoing grant, or to any receiver appointed to collect said rents, issues and profits, the fair rertal value for the use and occupation of the Mortgaged Property or of such part thereof as may be in Mortgagor's possession, and upon Default in any such payment will vacate and surrender possession of the Mortgaged Property t; Mortgagee or to such receiver, and in Default thereof, may be evicted by summary proceedings. 15. Suits to Protect the "?r •-vgec Property. The Morte.;c.e shall have :]uwet' (a) tu tit;;.f.J'.L •,u: mJ.:1LJin .uca a•]:'_: ]:':' proceedings as it may deem expedient to prevent any waste or impairment of the Mortgaged Property by all/ acts which may be unlawful or in violation of the Mortgage, lb) to preserve or protect its interest in the Mortgaged Property and in the income. revenues, rents, and profits arising therefrom, and (cl to restrain the enforcement of or compliance with any legislation other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement of or compliance'with such enactment, rule or ord-?r would impair the security hereunder or be prejudicial to the interest of the Mortgagee. 16, Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceedings affecting the Mortgagor, its creditors, or its property, the Mortgagee, to the extent.permitted by law, shall be entitled to file such Proofs and Claims and other documents as may be necessary or advisable in order to have the claims of the Mortgagee allowed in such proceedings for the entire amount due and payable by the Mortgagor under this Mortgage at the date of the institution of such proceedings and for any additional amount which may become due and payable by the Mortgagor hereunder after such date. 17. Subrogation. Mortgagee is hereby subrogated to the claims and liens of all parties whose claims or liens are discharged or paid with the proceeds of the Note. 18. Condemnation: Eminent Domain. In the event the Mortgaged Property or any part thereof, shall be condemned or taken for public use under the power of eminent d,main or shall be damaged or destroyed, Mortgagee shall have the right to demand that all damages awarded for the taking of or damage to the Mortgaged Property and all insurance proceeds shall be paid to Mortgagee up to the amount then unpaid on this Mortgage and same may be applied toward the payment(s) last payable under the Note. Mortgagor shall pay all legal fees, surveyor's charges and any other costs incurred by Mortgagee in connection with any ON PUBLiC PZ-22-14439 zonsent 4cr::,agedProper.? ty ias Seen e. Mo _gagee oc 15 :s 01/16/24 Q REV��' IEW Cpt� -9- 91... 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • rr: .::Is Mortgage. is sr.all ce s_: ost:•a:_ of ie. uf _,tie _.,ver:ng _ne Mortgaged Property shall belong r, and remain in Mortgagee's possession during the pendency of the lien of this Mortgage. 20. Notices. Any notice, statement, demand or other communication required or permitted to be given or made by either party hereunder, shall be in writ:ny and shall be deemed properly given and made if served personally or if sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses first set forth above or at such other address as may from time to time be designated in writing in conformity herewith. 21. Modifications: Releases. It is understood and agreed that Mortgagee may at any time, without notice to any person, grant to Mortgagor any modification of any kind or nature whatsoever, or allow any change or changes, substitution or substitutions, of any of the Mortgaged Property or any other collateral which may be held by Mortgagee without in any manner affecting the liability of Mo:•tga.; .r o:- any guarantor, surety endorser of the Note which may h4 due and payable to Mortgagee: and it is also understood and ayteed that Mortgagee may a: any time, without notice to any person, release any portion of the Mortgaged Property or any other collateral which may be held as security for the payment of the Nr,te either with or without any consideration for such release(s) without in any manner affecting the liability of Mortgagor, all endorsers or guarantors, :f any, and all other persons who are or shall be liable for the payment of the Note and without affecting, disturbing or impairing in any manner whatsoever the validity and priority of the lien of this Mortgage for the full amount of the Note remaining unpaid, together with all interest and advances which shall become payable. upon the entire remainder of the Mortgaged Property which is unrel.eased, and without in any manner affecting or impairing to any extent whatsoever Tiny and all other collateral security which may be held by Mortgagee. It is distinctly understood and agreed by Mortgagor and Mortgagee that any release(s) may be made by Mortgagee without the consent or approval of any other person(s). 22. No Waiver. No extension of time or modification of any of the terms of this Mortgage or the Note including, without limitation, the terms of payment, and no• release of any part(s) of the'Mortgaged Property, even though made without Mortgagor's consent, shall release, relieve or discharge Mortgagor from the payment of the Note or any portion thereof, but in such event Mortgagor shall nevertheless be liable to pay such sums according to the terms of such extension or modification unless specifically released and discharged in writing by mortgagee. Furthermore, acceptance of partial payment of any installment of principal or interest, or both, or of partial performance of any covenant or delay for a period of time in exercising the option to mature the Note, shall not operate as a waiver of the right to exercise such or act on such Default, partial acceptance or any subsequent Default. 23. Time of the Essence. 1t is specifically agreed that time is of the essence of this.instrument and that no waiver of any obligation hereunder or of the obligation secured hereby shall at any time hereafter be held to be a waiver of the terms hereof or of the Note secured hereby. 24. Cumulative Remedies. No right, power or remedy conferred upon or reserved to Mortgagee by this Mortgage is -10- 87 9 1 --- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN limpire BE SEEN AT THE END OF THIS DOCUMENT or :emed, c.•.er. ^ereur.de: :r eyu: • by statute. 25. Successor and Ass: ns. Whenever t:; this Mortgage one of the parties hereto is named or referred toto heirs, legal representatives, successors and assigns of such party shall be included, provided that the foregoing shall nct be deemed to constitute permission to transfer the Mortgaged Property which :s otherwise restricted by Paragraph 29 hereof. All covenants arc agreements contained in this Mortgage by or on behalf of Mortgagor or by or on behalf of Mortgagee shall bind and Inure :o the benefit of their respective heirs, legal representatives, successors and assigns. Whenever the singular or plural number or masculine or feminine or neuter gender is used herein, :t shall include the others. 26. Financial Statements. Mortgagor, shall submit, as requested by Mortgagee, an income statement and balance sheet acceptable to Mortgagee and certified to be true and correct. The notes to the financial statements shall contain full disclosure and explanation of any contingent liabilities shown on the financial statements. Within ninety (90) days of the close of Mortgagor's fiscal year, Mortgagor shall submit an income statement, balance sheet, statement -rt retained earnings and statement of changes in financial position, together with supporting notes and schedules, uLcep:able to Mortgagee and certified to be true and correct. Sold financial statements shall be prepared in accordance wits .penerally accepted accounting principles applied on a :rI s ..orsistent years. The creditworthiness of Mortgagor as it exists on the date of execution of the Note and this Mortgage, must be maintained throughout the term of the Loan. if the creditworthiness of Mortgagor shall, in Mortgagee's sole substantially deteriorate, such deteriuration shall be an Ever: of Default hereunder.' one PZ-22-14439 .01/16/24 i 27. Hazardous Wastes and Compliance with Environmental :.a-•. A. Mortgagor represents and warrants to Mortgagee that there are no materials presently located on the Mortgaged Property which, under federal, state or local law, statute, ordinance or regulation, or court or administrative order or decree, or private agreement (hereinafter collectively referred to as "Environmental Requirements"), require special handling in collection, storage, treatment or disposal, that there are no hazardous waste, toxic waste or any environmental hazardous spills or contaminants (hereinafter collectively referred to as "Waste") affecting the surface or sub -surface of the Mortgaged Property under any Environmental Requirements, and that Mortgagor will not place or permit to be placed any such Waste on the Mortgaged Property. B. Mortgagor shall, if at any time it or Mortgagee believes or has any suspicion that there is Waste located on or under the Mortgaged Property which, under any Environmental Requirements require special handling in collection, storage treatment or disposal, take or cause to be taken within thirty (30) days after written notice thereof, at its sole expense, such actions es may be necessary to determine if.such waste exists by investigations or tests or otherwise, and if it exists, then to comply with all Environmental Requirements. Failure of Mortgagor to comply with this Section and all Environmental Requirements shall constitute and be a default under the Note secured by this Mortgage and of the Mortgage itself, -11- 91_- 779 Q(�P �C 4 O NOTICE \ PZ-22-14439 9c� 01/16/24 Q� REVIEW CO'tt THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OFTHIS DOCUMENT ant`:ake tie balan;.e C. Mortgagor snail y::e mortgagee prompt notize c_ any notice it receives concer:.:ny waste problems under ar.y Environmental Requirement, or of any administrative review, claim, demand, action or suit, threatened or instituted against Mortgagor or any one Having any relationship to the Mortgaged property, by reason of or :n connection with any Waste problem under any Environmental Requirements. Upon request of Mortgagee, Mortgagor shall consult and cooperate with Mortgagee in connection with the determination of suen problem and the response or defense thereto, and upon request of Mortgagee, provide Mortgagee with the option„ which Mortgagee shall have nu obligation to exer:ise, tc participate in the defense o: any sucn proolem at Mortgagor's expense. D. If: (1) the U.S. Environmental Protection Agency 0"EPA") or the State of Florida or County Department of Environmental Regulation, or any other governmental agency or authority requires any remedial action or clean-up of any Waste on or under the Mortgaged property; or (2) Mortgagor is impeded in or constrained from using, financing, selling or leasing the Mortgaged Property by reason thereof, then Mortgagor shall retain a geo-technical engineer satisfactory to the Mortgagee to administer such remedial action or clean-up in order, as the case may be, to satisfy the requirements of EPA, or such other governmental agency or to remove the impediment to or constrain on such future use, financing, sale or lease (,( the Mortgaged Property. All work and related matters wr.yrI Mortgagor is required t_ cause to be performed pursuant hereto shall be performed at the sole cost and expense thereof of Mortgagor, shall be commenced promptly after request therefor by EPA, or such ether governmental agency, and shall be diligently prosecuted to conclus w n. E. Mortgagor shall remain totally liable for all damages and losses to Mortgagee under this Section regardless of any other provisions in the Note or this Mortgage or otherwise which may limit recourse. Mortgagor agrees that the invalidity, irregularity or unenforceability of all or any part of the Mortgagor's obligations under this Section shall not affect, impair or be a defense to the obligations of Mortgagor or rights of Mortgagee under this Section. F. Furthermore, neither Mortgagor nor any tenant nor any other person in possession shall use or bring any Waste on to or under the Mortgaged property. G. The provisions of the Borrower's Affidavit and Indemnity Regarding Hazardous or Toxic Materials executed this date in favor of Lender are incorporated herein by reference. 28. Future Advances. This Mortgage is given to secure not only the existing indebtedness given by the Mortgagor in favor of the Mortgagee in the amount of TWO HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS (S263,500.00) evidenced by the Note secured hereby, but also such future advances up to.an additional ONE HUNDRED THOUSAND AND NO/i00 DOLLARS ($100,000.00) as are made within twenty (20) years from the date hereof, plus interest thereon, and any disbursements made by the Mortgagee for the payment of taxes, insurance or other liens on the Mortgaged Property, with interest on such disbursements, which advances shall be secured hereby to the same extent as if such future advances were made this date. The total amount of indebtedness -12- 91-- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN 1 a„ . :le par::eS r e f e r a� '. __ P in this M c: .: J :•e:e:'e-,:e re advan7as rj " oe • 0.7 : _ aC _ . Any J_. ce.,; t r::s pa..a....ap 29. No Transfer of the Mortgaged Property. The Loan secured hereby is for the benefit of Mortgagor only. :n :he event Mortgagor conveys to any other party any interest ... the Mortgaged Property, or any part thereof, legal or equitable, without the prior written consent of Mortgagee, or in the even: Mortgagor shall sell, lease or otherwise dispose of the Mortgaged Property, or any part thereof, without the prior written consent of Mortgagee, or if any change u.curs in the ownership a: the Mortgagor, without the prior written consent of Mortgagee. cr :. Mortgagor shall mortgage, pledge, grant any lien, encumbrance or security interest in any of the Mortgaged Property as collateral security for any other loan, obligation or forbeararce, without the prior written consent of Mortgagee, Mortgagee may, at its election, declare the entire indebtedness hereby secured to be immediately due and payable, without notice to Mortgagor (which notice Mortgagor hereby expressly waives) and upon such declaration, the entire indebtedness hereby secured shall to immediately due, payable and coliec•rrble, anything herein cr :,. the Note to the contrary not.,thstani ng. No conveyance, sale, lease or other disposition of the Mortgaged Property, or any part thereof, shall relieve Mortgagor of its primary liability under the Note u:' this Mortgage. and, .,ln, . .1:;;y such. _onveyance, sale cc disprlsi::or., :he transferee must expressly assume the obligations o: Mortgagor under the Note and t::is mortgage. Mortgagee may, without notice to Mortgagor, deal :itn any successor owner of al: or any portion of the Mortgaged P r pe rr', in the same manner as with Mortgagor, without in any «,,v ri::;r;,nrginq the liability cf Mortgagor hereunder or upon the duet :;e,:ured hereby. In connection with any sale or transfer where Mortgagee elects not to accelerate, Mortgagee shall have the right to charge a transfer fee plus such sums necessary to reimburse Mortgagee !' expenses incurred or payable, including but not limited to, attorneys' fees, abstracting or title updating charges, documentary stamps and intangible tax. Said sums shall be due and payable upon sale or transfer and shall be secured by the lien of this Mortgage. Any waiver by Mortgagee of its right to accelerate as provided in this paragraph shall not be a waiver of or preclude the exercise of Mortgagee's right to accelerate for any subsequent sale or transfer by Mortgagor or Mortgagor's successors in title without Mortgagee's prior written consent as provided above. 30. Uniform Commercial Code. The parties agree that this Mortgage is a Security Agreement under the Uniform Commercial Code for the purpose of creating a lien on the personal property and fixtures described herein. 31. Maximum Rate of Interest. Nothing herein contained. nor in any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, or any person liable for the payment of tli,. lo,'in made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any. interest or other charges paid by the Mortgagor, or any parties liable for the payment of the loan made pursuant to this note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be automatically credited against and in reduction of the principal balance of the Note, and any portion of said excess which exceeds the principal balance shall be paid by the Holder hereof to the Mortgayor and any parties liable for -13 .. ,30 91.... 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 1 /16/24 • r,c Mc gal .y oe rec•_. • c cal ...ter i2. l'efau Rate. , ., ` int..: ?st a5 5.7 :er:17 :s def .,;ec in the ti.._ _ ;able s..cseo„er _ _- Event of Default as defineand -nere e:sew:•.ere provided ,or in this Mortgage. 32,. Event of Default b•. Mur' o cur. An en: o: De`a.._ Mortgagor under the terms of the Note, this Mortgage or any of� the Loan Documents shall constitute a default as to any other borrowings which may at any time loll':-;; the term of the _oar nave existing from Mortgagee. a default ny Mortgagor under cne terms of any note, mortgage, interim and permanent loan agreement. financing statement, or other loan documents in favor of Mortgagee shall Constitute an Event of Default hereunder. :f an Event of Default shall occur, Mortgagee may, in its sole discretion, continue to partially release any collateral which :s security for any loan from Mortgagee to Mortgagor on such terms as the loan documents for such loan may provide or on such other terms as may be prescribed by Mortgagee, in its sole discretion; however, Mortgagee shall not oe re';:::roc t;) mark any note as "paid in full satisfy any mcr'nia,-. -ermi -ate any financing statement or take any other a_:...., y release any su: collateral from the lien of any mortgage or financing statement anti- the e:laced Event of Defaul: nas :leer -ured, this notwithstanding tne fact na: the .nuente'dness secured by s.._- .;;o: tgags'. ...:a sing stat,:e . HY 1 61 a.;ree:nent may .;air no :ema:...r.c: . air, princip._ ualaiue. 24. S .. of Loan Comrr,itmen:. The Loan Commitment and _.._ Gener.-11 C' :. _ :ens executed inc,r; rr ion with the Loan s:;a_- hereby to:••.:r.a'r and be cf ::,, fu:•:ner force and effet. 35. waiver of Trial by ,:urv, Except as prohibited neither Mortgagee nor Mortgagor shall seek a trial by ;ur respect of'any litigation proceeding or counterclaim arising of, under or in connection with this Mortgage, the Note, the other Loan Documents, executed by the Mortgagor or Mortgagee cr both of such parties in connection herewith or the transactions contemplated herein. If the subject matter of any such lawsuit is one in which the waiver of a jury trial is prohibited and any party seeks trial by jury, then such claim shall be separately filed. Further, neither the Mortgagee nor the Mortgagor shall seek to consolidate any such action in which a jury trial has been waived with any other action in which a jury trial cannot be waived. IN WITNESS WHEREOF, chu ui:d_:mined has executed this instrument the day and year firs' rh„vf, written. Witnesses: MORTGAGOR: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership By: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, its general partner -13- ISAAC SHIN its President 1/49! 91- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT +o..r,. w.. t Thls su dnRtal needs. be scheduled fora pudic herring In accordance wit tlmelires set forth in the Ott of Mlami Code. The appka decision-rnalsng body will renew the inbnnaeon at the ,au Lac hearing to render a m recur endalon or aa final decidon. PZ-22-14439 01/16/24 :ecc;ej before me .-.:. cy :s;a_ Js Pres:de, _ of Miami i:..nat. :re:e.opmen: Corp., n.,.., •purat:on is the gentra: partner of Miami Chinese Community Center, Ltd., or, beha:'. of _^e limited partnership. JFH341f !h- l Notary Publ tc My commission expires: 3c 91- 779 O ti PURL, 1. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Milo MAR 27 PM 12: 4S 9 112 H_S INSTRUMENT PREPARED BY Robert L. Jamerson, Jr., Esq. Sutton, Jamerson & Mullin, P.A. 2655 Le Jeune Road, Penthouse :I coral Gables, Florida 33134 V W V G 0 a Co^.ur'ee4t rfir S pulps Co !ettoc! S .16), S — ._ _= _. SIJZTAX Doc. S',• o; Cc'!er.0.d 76 P.'_r.alo p. rt► fCr -de C -.:nty FI1. MORTGAGE NOTICE e r'rcW ' mom IEMIn �or.n�m " PZ-22-14439 01/16/24 REVIEW C THIS MORTGAGE is made this March 27, 1990, between MIANI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership ("Borrower"), and EASTERN NATIONAL BANK, a national banking association, having offices at 866 Ponce de Leon Boulevard, Coral Gables, Florida ("Lender"). Borrower, in consideration of the indebtedness herein recited irrevocably grants and conveys to Lender that certain property located in the County of Dade, State of Florida, and more particularly described in Exhibit A attached hereto, together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and aas rights and profits, water, water rights and water stock, and (all fixtures nc••: or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property are herein referred to as the "Property"); TO SECURE to Lender (a) the repayment of the indebtedness evidenced by Borrower's note attached hereto as Exhibit B (herein "Note"), in the principal sum of One Hundred Seventy -Five Thousand Dollars (S175,000.00), with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained; and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 24 hereof (heroin "Future Advances"). Borrower covenants that Borrower'is lawfully seized of the estate hereby conveyed and has the rigtlt to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the •°�'a to the Property against all claims and demands, subject to any declarations. easements or.restriction■ listed in a schedule of exceptions to coverage in any title insurance -policy insuring Lender's interest in the Property. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest on any Future Advances secured by the Mortgage. 2. Funds for Taxes and Insurance. Lender may require Borrower to pay to Lender in monthly installments until the Note, is paid in full, a sum (herein "Funds") equal to one -twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on the Property, if any, plus one -twelfth of yearly premium installments for hazard insurance, plus tie 9 1 - 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT .1E4 cr9 J NOTICE « �GPZ22-1'44�3,g "` 01/16/24 one -twelfth of yearly premium installments for mortgage insurance, if any. a': as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state (including Lender if Lender is such an ins`'`•`^n). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compilin^ said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall live tc Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes. assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held 1 by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within thirty (30) days from the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Mortgagor any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds'held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. 4. Charges; Lisa*. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or; if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower•: shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; 2 91-- 779 34-- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PZ-22-14439 1/16/24 'VIEW C° orovIded, that Borrower shall not be required to discharge any such lien so __. as Borrower shall agree in writing to the payment of the obligation secured ny such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for Such periods as Lender may require provided, that Lender shall not require that the amounts of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form accepts::.. to Lender and shall include a standard mortgagee clause in favor of and in _form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within thirty (30) days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance ben§fits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and . shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, 3 91.- 779 35 0 THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT it PZ-22-14439 Borrower shall perform all of Borrower's obligations under the declarat..c- Tr covenants creating or governing the condominium or planned unit development, tr.e -laws and regulations of the condominium or planned unit development, ant constituent documents. If a condominium or planned unit development rider :s executed by 3orrower and recorded together with this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action :_ proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedent, then :.ender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable a_-__..ey s fees and entry upon the Property to make repairs. If the Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, 3orrower shall pay the premiums required to :maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment ..71f interest at such rate would be contrary to applicable law, in which event such amount shall bear interest at the highest rate permissible under applicable law. :othinq contained in this paragraph 7 shall require Lender to incur any expense contained in this paragraph 7 or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct cr consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. :n the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior, to the date of taking, with the balance of the proceeds paid to Borrower. 91_ --- 779 3 4 !EW C''�Q THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE :f the Property is abandoned by Borrower, or if, after notice by :.ender to Borrower that the condemnor offers to make an award or Nettle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless :.ender and Borrower otherwise agree in writing, any such appiication of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successors or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender .Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. . Successors and Assigns are Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to be 'given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at 1823 Biscayne Boulevard, 014, Miami, Florida 33132, or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Governing Law; Severability. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with the applicable 9I.- '779 37 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 4 law, such conflict shall not affect otner provisions of this Mortgage or the ':__e which can be given effect without the conflicting provision, and to this end provisions of the Mortgage and the Vote are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. Transfer of Property. Borrower shall not sell, convey, transfer, lease or further encumber any legal or equitable interest in all or any part of the Property, without the prior written consent of Lender, and any sale, conveyance, transfer, lease or encumbrance made without Lender's prior written consent shall be void. For purposes of :-is paragraph, if Borrower is a corporation or partnership, any change in the ownership of Borrower or a material change in the management of Borrower shall be considered a conveyance of tr.e Property. If any person should obtain any interest in all or any part of the Property pursuant to the execution or enforcement of any lien, security interest or other right, whether superior, equal or subordinate to this Mortgage or the lien hereof, such event shall be deemed to be a transfer by Borrower. Borrower shall not, without the prior written consent of Lender, further assign the rents from the Property, nor enter into any agreement to do any act to amend, modify, extend, terminate or cancel, accept the surrender, subordinate, accelerate the payment of rent, or change the terms of any renewal option of any lease now :r hereafter covering the Property or any part thereof, and any such assignment, agreement or act without the express written consent of Lender shall be void. 18. Acceleration. If any sum of money herein referred to be not promptly paid when the same becomes due, or if each and every one of the agreements, stipulations, conditions and covenants of the Note and this Mortgage be not complied with, then all sums secured by this Mortgage shall forthwith or thereafter, at the option of the Lender, become and be due and payable in full without further demand, and Lender may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph or in other provisions of this Mortgage, including, but not limited to, sasonable attorneys' fees (whether or not suit be brought), court costs, and costs of title evidence (and those attorney's fees and costs incurred in connection with any appellate proceedings). Failure by the Lender to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under the Note or this Mortgage accrued or thereafter accruing. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. :Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including.those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents. actually, received. 91- 779 38 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT "1 4 NOTICE m"9 PZ-22-r14439 01/16/24 20. Further Assurances. At any time and from time to time, upon Lender s request, Borrower shall make, execute and deliver or cause to be spade, executed and delivered to Lender and, where appropriate, shall cause to be recorded or filed and from time to time thereafter to be re -recorded or refiled at such time ar.d in such offices and places as shall be deemed desirable by Lender any and all such further mortgagee, instruments of further assurance, certificates and other documents as Lender may consider necessary or desirable in order to effectuate, complete, enlarge or perfect, or to continue and preserve the obligations of Borrower under the Note and this Mortgage, and the lien of this Mortgage as a first and prior lien upon all of the Property, whether now owned or hereafter acquired by Borrower. Upon any failure by Borrower to do so, Lender may make, execute, record, file, re-record or refile any and all such mortgages, instruments, certificates and documents for and in the name of Borrower, ar.d Borrower hereby irrevocably appoints Lender the agent and attorney -in -fact cf Borrower to do so. 21. Renewals and Extensions. Upon request of Borrower, Lender, At Lender's option, prior to release of this Mortgage, may extend the time for payment,on the note or notes secured hereby (including Notes evidencing Future Advances) or may renew such notes, which extensions and renewals shall bear interest at the rate determined by the Lender at the time of such renewal or extension. Any such extension or.renewal shall not impair the security of this Mortgage and the notes so extended or renewed shall continue to be fully secured by this Mortgage without any further need for reference to this Mortgage in the extension or renewal note. 22. Construction Loan Agreement. If the proceeds of the loan for which this Mortgage is given as security are to be utilized for construction purposes, the terms and conditions of the Construction Loan Agreement, if any, of even date are incorporated herein by reference. 23. Security Agreement. This instrument shall also constitute a security agreement under the Uniform Commercial Code. 24. Future Advances. This Mortgage is given to secure not only existing indebtedness, but also such future advances, whether such advances are obligatory or are to be made at the option of the Lender, or otherwise, as are made to the Borrower within fifteen Irian; from the date hereof, to the same extent as if such future advances were made on the date of the execution of this Mortgage. The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at one time shall not exceed twice the face amount of the Note, plus interest thereon, and any disbursements made for the payment of taxes, levies or insurance on the Property, with interest thereon as provided in this Mortgage. 25. Hazardous Materials. Borrower represents, warrants and covenants that Borrower has not used Hazardous Materials (as defined hereinafter) on, from, or affecting the Property in.any manner which violates federal, state or local'laws, ordinances, rules, regulations, or policies,, governing the use, storage, treatment, transportation, manufacture, refinement, handling production or disposal of Hazardous Materials, and that, to the best of Borrower's knowledge, no prior owner of the Property or'any tenant,' subtenant, prior tenant or prior subtenant have used Hazardous Materials on, from, or affecting the Property in any manner which violates federal, state or local laws, ordinances, rules, regulations or, policies governing the use, storage, treatment, transportation, 91.- 779 g9 PUBS, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 4 4 ., , • •, r+ — 9 01/16/24 �� Q manufacture, refinement, handling, production or disposal of Hazardous Mater.als.fViEW G0� Borrower shall keep or cause the Property to be kept free of Hazardous Materials. :without limiting the foregoing, Borrower shall not cause or permit the Property to be used to generate, manufacture, refine, transport, treat, store, handle. dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable federal, state and local laws or regulations, nor shall Borrower cause or permit, as a result of any intentional or unintentional act or omission on the part of Borrower or any tenant or subtenant, a release of Hazardous Materials onto the Property or onto any other property. Borrower shall comply with and ensure compliance by all tenants and subtenants with al: applicable federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and ensure that all 1-nninrn and nrrhrnn.tnrn oht.iin .ind r-omrly with any .inns .ill appr,,,..,!•:. registrations or permits required thereunder. Borrower shall (a) conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials on, from, or affecting the Property (i) in accordance with al: applicable federal, state and local laws, ordinances, rules, regulations, and policies, (Li) to the satisfaction of Lender, and (iii) in accordance with the orders'and directives of all federal, state and local governmental authorities, and (b) defend, indemnify, and hold harmless Lender, its employees, agent2, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (1) the presence, disposal, release, or threatened release of any Hazardous Materials which are on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (Li) any personal injury (including• wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or (iv) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Lender, which are based upon or in any way related to such Hazardous Materials including, without Limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. In the event this Mortgage is foreclosed, or Borrower tenders a deed in lieu of foreclosure, Borrower shall deliver the Property to Lender free of any and all Hazardous Materials so that the condition of the Property shall conform with all applicable federal, state and local laws, ordinances, rules or regulations affecting the Property. For purposes of this paragraph, "Hazardous Materials" includes, without limit, any flammable explosives, 'radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.),'the Resource Conversations ant Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.) and in the regulations adopted and publications promulgated pursuant thereto, or any other federal, state or local environmental law, ordinance, rule, regulation or restriction. The provisions of this paragraph,phall be in addition to any and all other obligations and liabilities Borrower may have to Lender at common law, and shall survive the transactions contemplated herein. 26. Waiver of Jury Trial. EXCEPT AS MAY SE PROHIBITED SY LAW, LENDER AND BORROWER HERESY KNNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGET EITHER MAY SAVE TO A JURY TRIAL IN RESPECT TO ANY LITIGATION SAQED HEREON, OR ARISING 8 9I 779 /00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT l 4n 1 nn_ N }Y 1 NOTICE PZ-22-14439 01/16/2 manufacture, refinement, handling, production or disposal of Hazardous Materials. Borrower shall keep or cause the Property to be kept free of Hazardous Materials. without limiting the foregoing, Borrower shall not cause or permit the Property to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable federal, state and local laws or regulations, nor shall Borrower cause or permit, as a result of any intentional or unintentional act or omission on the part of Borrower or any tenant or subtenant, a release cf Hazardous Materials onto the Property or onto any other property. Borrower shall comply with and ensure compliance by all tenants and subtenants with a:: applicable federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and ensure that .i11 rnnanrn and ntlhrnn.intn Obtain and romp1y with any and 111 i1,1,r,1,•1 registrations or permits required thereunder. Borrower shall (a) conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions necessary to cLean up and remove all Hazardous Materials on, from, or affecting the Property (i) in accordance with a:: applicable federal, state and local laws, ordinances, rules, regulations, ar.d policies, (Li) to the satisfaction of Lender, and (iii) in accordance with the orders'and directives of all federal, state and local governmental authorities, and (b) defend, indemnify, and hold harmless Lender, its employees, agents. officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (i) the presence, disposal, release, or threatened release of any Hazardous Materials which are on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (ii) any personal injury (including'wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or (iv) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any policies or requirements of Lender, which are based upon or in any way related to such Hazardous Materials including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. In the event this Mortgage is foreclosed, or Borrower tenders a deed in lieu of foreclosure, Borrower shall deliver the Property to Lender free of any and all Hazardous Materials so that the condition of the Property shall conform with all applicable federal, state and local laws, ordinances, rules or regulations affecting the Property. For purposes of this paragraph, "Hazardous Materials" includes, without limit, any flammable explosives, 'radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compenfation, and Liability Act of 1980, as amended (42 J.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 J.S.C. Sections 1801 et seq.), the Resource Conversations and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.) and in. :he regulations adopted and publications promulgated pursuant thereto, or any other federal, state or local environmental law, ordinance, rule, regulation or restriction. The provisions of this paragraph,phall be in addition to any and all other obligations and liabilities Borrower may have to Lender at common law, and shall survive the transactions contemplated herein. 26. Waiver of Jury Trial. EXCEPT AS MAY BE PROHIBITED BY LAW, LENDER AND BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY RAVE TO A JURY TRIAL IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING 8 9 7'7 9 Jo THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL.BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT OUT OF, UNDER OR IN CONNECTION WITH THIS MORTGAGE OR THE NOTE, OR ANY AGREEMENT OR INSTRUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. IF THE SUBJECT MATTER OF ANY SUCH LITIGATION IS ONE TN WHICH THE WAIVER OF A JURY TRIAL IS PROHIBITED, NEITHER THE BORROWER NOR THE LENDER SHALL PRESENT AS A NON -COMPULSORY COUNTERCLAIM IN SUCH LITIGATION, ANY CLAIM ARISING OUT OF THIS MORTGAGE. FURTHERMORE, NEITHER THE LENDER NOR BORROWER SRAI.L SEER TO CONSOLIDATE ANY SUCK ACTION IN WHICH A JURY TRIAL RAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED. THIS PROVISION IS A MATERIAL INDUCEMENT FOR TEE LENDER'S EXTENDING CREDIT TO BORROWER. IN WITNESS WHEREOF the Borrower has caused this Mortgage to be executed or, the date first above written. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF DADE MIAMI CHINESE COMMUNITY CENTER, ^.•. a Florida limited partnership By: Its general partner, MIAMI CHINATOWN DEVELOPMENT CORP., a Florida orporation Isaac S 1h, Presiden (sQa1j. . • i�r1 v I J f7oil The foregoing instrument was acknowledged before me on March 27, 1990, by Isaac Shih, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership, on behalf of the company and the partnership. Notaa Peblic My0Sommission empires: :r1gy PUCUC sIMI aF ca i MY C N1SS:72 ECU. . 809OL4 TxnU ::"Er:: IN . on. Lot tv MIRAMAR, a Book '5 , at Florida. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Ex2IIBIT A in dock Six (6 ). , of THIRD AMENDED MAP OF ording to the Plat thereof, recorded in Plat age 4, of the Public Records of Dade County, PURL/ • NOTICE This submbtal needs b im scheduled fora public bearing in accordance wail emellnes set forth In the Clayof Miami Cole. -Me applbade decision-m'aaing body w,ll renew. inbrmalon at the pork[ hearing re render a reeo mmendrd on or a final tl e c lv on. PZ-22-14439 779 /p 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT %175,000.00 EXHIBIT B P1tOM)sSf1R9 , ICC, 1 v 'At Coral Cables, Florida March 27, 1990 rOR VALUE RECEIVED, the undersigned jointly and severalty (hereinafter tailed ”Borrower") premise to pay to t%e :-oe• of EASTERN NATIONAL BANE, a national banking association (hereinafter called "Lender"), the principal sun of ONE wI;NDRED SEvENr,• FIVE THOUSAND DOLLARS (S175,000.00) together with interest thereon from the date hereof at a per ennum rate equal to one end one-half percent (1'S%) above the Prime Rate (as defined below). Interest shell be calculated on the basis of a 360•dey veer for the actual number of days elaosed. The principal and interest shall be due end payable in lawful currency of the United States of America et 366 donee ee Leon Boulevard, Coral Cables, Florida, or at such other place as the Lender or holder hereof may hereafter designate •n wr't,mg, es follows: (a) Commencing on April 27, 1990, there shalt be due on the 27th day of each month thirty•five (35) consecutive eeva: installments of principal in the amount of Seven Hundred Twenty -Nine and 17/100 Dollars (%729.17) each, together with interest on the outstanding principal balance. (b) If not sooner paid, this Note shalt mature and the entire indebtedness represented hereby shell be due and payable on March 27, 1993. All payments shall be applied first to accrued interest and then to principal. This Note may be prepaid in whole or in part at any time without penalty. If any payment is not made in full when due, the entire unpaid principal balance and accrued interest, less any unearned interest and less any interest in excess of the maximum allowed by law and any rebates required by taw, shalt et the option of the holder become immediately due and payable without notice. Failure to exercise this option shall not constitute a waiver of the subsequent right to exercise such option. While in default, this Mote shall bear interest at the maximum rate permitted by law, or in the absence of a law limiting the maximum rate of interest, et a rate equal to six and one-half percent (6hZ) above the Prime Rate. The "Prime Rate" for purposes hereof shall be that rate of interest designated as the prime rate and quoted daily 'n the Wall Street Journal (Eastern Edition), provided that if more than one such rate is quoted, then the highest such rate smell be applicable. Any change in the interest rate hereunder resulting from a change in the Prime Rate shall be effective on and es of the day the Prime Rate changes. Borrower and ell sureties, endorsers and guarantors of this Note hereby (a) waive demand, presentment for payment, notice of nonpayment, protest, notice of protest and all other notice, filing of suit and diligence in eolLecting this Note, in enforcing any of the security rights or in proceeding against any of the collateral (the "Collateral") securing the obligations evidenced by this Note; (b) agree to any substitution, exchange, addition or release of any of the Collateral or the addition or release of any party or person primarily or secondarily liable hereon; (e) agree that the Lender shall not be required first to institute any suit, or to exhaust its remedies against Borrower or any other person or party to become liable hereunder or against the Collateral in order to enforce payment of this Note; (d) consent to any extension, rearrangement, renewal or :postponement of time of payment of this Note and to any other indulgence with respect hereto without notice, consent or consideration„to any of the foregoing; and (e) epee that, notwithstanding the occurrence of any of the foregoing (except the express written release by the Lender or hgtder), they shall be and remain jointly and severalty, directly and primarily, liable for all sums due under this Note, and any other documents securing this Note. Upon the happening of any of the following events, each of which shalt constitute a default hereunder, all liabilities of each Borrower to lender, whether or not evidenced by this Note, shall thereupon or thereafter at the option of the Lender without notice or demand become due and payable: (a) failure of any Borrower, endorser, surety or guarantor ("Obligor") to perform any agreement hereunder or to pay in full, when due, any indebtedness or liability whatsoever to Lender or ary installment thereof or interest thereon; (b) the filing of any petition under the Bankruptcy Act, or any similar federal or state statute, by any Obligor; (e) the institution against any Obligor of a proceeding under the Bankruptcy Act, or any similar federal or state statute, which proceeding is not dismissed or discharged within a period of thirty (30) days after the filing thereof; (d) on -application for the appointment of a receiver for, or the making of a general assignment for the benefit of creditors by, or the insolvency of, any Obligor; (e) the entry of a judgment against any Obligor; (f) the issuing of any attachment tr garnishment, or the filing of any lien, against any property of any Obligor; (g) the taking of possession of any substa^t'a: partof the property of any Obligor at the instance of any governmental authority; (h) the dissolution, merger, consol'dat't^ or reorganization of any Obligor; CO a default by any Obligor under any other instrument or agreement further evidencing tr securing the loan evidenced by this Note; and (j) the determination by Lender that a material adverse change has occurred '� the financial condition of any Obligor from the conditions set forth in the most recent financial statement of such Obligor as heretofore most recently disclosed to lender in any manner; or that any warranty, representation, certificate or statement of any Obligor (whether contained in this Note or not) pertaining to or in correction with this Note or the loan evidenced by this Note'ie. not true. The Borrower, jointly and severelty, promises and agrees to pay in the event of a default, all costs and expenses incurred by the holder hereof in eotlecting this Note, including court costs and attorneys fees, and also those costs, expenses Page i of 2 91 779/03 a^� attarnev's fees `rctrned in any THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ,late proceedings. 4i; .; NOTICE 'he provisions of this Note Shall be construed and interoreted and all rights and obligations hereunder cetenmined accordance with Florida law. Alt nouns and pronouns contained in this instrument shalt MINIM and include the Dturst as wel, the singular, and the masculine, feminine end neuter gender whenever and wherever the context so admits or reduines. ;n no event shall interest (including any charge or fee held to be interest by a court of competent jurisdiction) accrue to be Payable hereon in excess of the highest contract rate allowable by law for the time such indebtedness shot( be outstanc -; and unpaid, and if by reason of acceleration of maturity of such indebtedness, or for any other reason, interest in excess -' the highest legal rate shall be due or paid, any Such excess shall constitute and be treated as a payment on the principal here.' and shalt operate to reduce such principal by the amount of Such excess, or if in excess of the principal indebtedness sum excess shall be re'_nded to Borrower. Without limiting the generality of the foregoing, and notwithstanding any oral or written agreement, no deposit o' 'unds shall be required in connection with this Loan in an amount which will, when dedueted from the principal amount outstanding hereunder, cause the rate of interest hereunder to exceed the maximum lawful rate. This Note is secured, inter a1 i a, by a Mortgage of even date executed by the Borrower in favor of the :enders, and referenee is made to the Mortgage for rights as to the acceleration of the maturity of this Note. IS EXCEPT AS MAY BE PROHIBITED BY LAW, LENDER AND BORROWER HEREBY **JINGLY, VOLUNTARILY AND tNTEWTtCNALLY WANT "HE RiGHT EITHER MAY NAVE TO A JURY TRtAL EM RESPECT TO ANY LtTtGATtCN BASED HEREON, CR ARISING CUT OF, UNDER OR IN CONNECTtOI WiTH TNIS NOTE. OR ANY AGREEMENT OR INSTRUMENT CONTEMPLATED TO BE EXECUTED iM CCMJUWCTiON HEREWITH. OR ANY CO.MSE OF CONDUCT, CC.RSE OF DEALiNG, STATEMENTS (WHETHER ORAL CR WRITTEN) OR ACTIONS OF EITHER PARTY. iF THE SUBJECT MATTER OF ANY SUCH LITIGATION IS CNE tN WHiCN THE WAIVER OF A JURY TRIAL tS PROHIBITED, NEITHER THE BORROWER NOR THE LENDER SHALL PRESENT AS A NON•COIQULSORr COUNTERCLAIM iM SUCH LITIGATION. ANY CLAIM ARISING OUT OF THIS NOTE. FURTHERMORE, NEITHER THE LENDER NOR B0RROJER SMALL SEEK TO CONSOLIDATE AMY SUCH ACTION tN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH AMY OTHER ACT!CM IN WHICH A JURY TRIAL CAMNOT BE WAIVED. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER'S EXTENDING CREDIT TO BORROWER. MIAMi CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership By: Its general partner, MIAMi CNINAT04N DEVELOPMENT CORP., a Florida corporation Mann NIFFICIAL Itetlaaa NIP IF DAOE COUhr1', FUIa.DA, RECORD atRi1IED RICHARD P. BRBNIM CLFRM. CIRCUIT COURT Page 2 of 2 yi - '779� NOTICE THIS DOCUMENT IS A SUBSTITUTION.__.. TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Jai' G, ,`t. ��, 11 4 1.47 4. k tk 'c>t. Ict) .0) POLICY OF TITLE INSURANCE 1-'6wty Wised iced by POLICY NUMBER 31 °" 10 0 0 4 2 emericerr title insurance company HOME OFFICE Meamt, . Fiore& A STOCK COMPANY SUBJECT TO THE E XCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE 8 ANO THE PROVISIONS OF TH•E CONIOITIONS AND STIPULATIONS HEREOF, AMERICAN TITLE INSURANCE CbMPANY a Fiords eotoorbhon norm (.Mier! inc t:omt,r,ny..nsures, as of Oats of Polies' shown In Schedule A, against loll or damage not excestimg the amount of u•sutance stated In Schedule A. and costs. attorneys' fees arid some' which the Company they I1eCC.ne ohhgated t0 oat( hereunder. wita►ned or ttscurred by the Insured by raaaon of. 1 T.tie ..0 The 9SLJttr 3:.•'!etl;t des:ru:rd '' Sct•r.;ul(• A UJ.ri^y ...stet! otfNwIIe than alitat/0 therein: 1 Any t:e+ec! n Or I.cr, a; cnGJ.ntr'a :; )....•r.;. !.'N 3 LaCk 0! J +CC':SS t0 x:a rwrt tit. ;�hCt :,t 4 Unmarketatt;..ty of sum title rMt b'ol::y Mall tint :e or t',n�.ng ..r:t:r $.aee;"u,e ::•Js been rourlref:gnet efy ether a Oury auther led agent nr'euresenur•ve or me Co,noa.•ey stir! S;Aedalc• 3 ndi Veer' a: r.•cneo hereto. rN w,TP:a::,i :Ir•rt.CtCOF. A ne's n r rig iiiu,A.1Cr t•0'•040/ !1JY cau•rd .es:o,.iorarr zeal tO tie nominee arr.Aeo anti mese Orrsertrs ro U! ri9s.eQ ire tJc„trdo ;,nUBr !t. r.'. ':ty Of ;tt t'!/•!JhS fte1aWd1t4 � • • .� ,�? •ti ?:Shp {•rw.a.. bit .rtnerfea rt titt* insurance aanipany .. ,►rrE T 91— 779 / 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT EXCLUSIONS FROM COVERAGE The following MOON ars expressly excluded from the coverage of this policy: 1. (a) Governmental ponce power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances `— restricting or regulating or prohibiting the occupancy, use or enloyrnent of the lend, or regulating the chaplet. '- dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a aeparstion ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a par (d) TM effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, item o encumbrance resulting from a violation has been recorded at Oslo of Policy In those records In which un der stet. _: statutes deeds, mortgages, Us pendens, liens Or other title encumbrances must be recorded In order to Imps• constructive notice to purchasers of the land for value and without knowledge; provided, however, that wlthou limitation, such records shall not be construed to include records In any of the offices of federal, state or Coca environmental protection, zoning, building, health or public safety authorities. NOTICE ales submtlal needs. be scheduled bra pubic bearing In accordance with timelinset forth In the Clay of Warn Cale. The appicabde ecidm.m.ing hotly. review the InMnnadan at the pubic nearing to render a recornrnendaeon or a final deco. PZ-22-14439 01/16/24 2. Rights of eminent domain unless notice of the exercise of such rights appears In the public records at Date o Potloy. 3. Detects, dens, encumbrances. adverse claims, or other matters (a) created, suffered or agreed to by the Insurer claimant; (b) not known to the Company and not shown by the public records but known to the Insjrsd Oilman _ either at Date of Policy or at the date such claimant acquired an estate or Interest insured by this policy and no - disclosed in writing by the Insured claimant 10 the Company prior to the date such Insured claimant became an - insured hereunder; (e) resulting In no loss or damage to the Insured claimant; (d) attaching or ereate< subsequent to Date of Policy; or (e) resulting in lose or damage which would not have been sustained If the insured claimant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. OEFINITION OF TERMS Th• following tams ..ha^ tee • •n , 001 C'h MHO' te, ';nsur,d" the •must! nevi.: .n Sened,i• A, end, subject 3 any (.pats o1 aafen1•, one Camean•/ tray lie.• h$ •.)*1'41 me lensed insured, IKON wPo tucceea to Inc 'overeat 0f wen InlurSO by coaration 31 taw at 0,tl.ngu steel Ireyn Ou•C^esa "'t.uatng, Out not ianntee to, heirs, di1i'.Outsa•, Jevit•te, tor. v;v0rt, persOnel rSDrS$*ntet.vM, atilt d1 kin, ar C0100r•t, or f•dutisry iuCCPSIOrs lb) -.Mused Cta,m1131.•' M .••bred CI•.91n� TOMS or damage h,rSundar It) •'It-ov.tadgs • $C:ilea knOw+Mga, not cc/uric:•v* Y.nowl•dge Or "Otite.M:Cn clay 0, invalid to an insured ay •usOn of ea.r pub;K ricatai. lag ":and" fin iota 0 1*1,OM. soIIC.IKa'.r or by tiferatue. in loose,•. A. use .€•prove• f11Mq .Mai thereto which by taw eonotnyie nil Oroo,uy: gravita. h0wlhaar. tote 'atm •Iona" apse not .nlude any Oror•Nty owond ins tln•a 01 the area a Nsil.Cally .sesev,hnl Or Mitred t0 .h Waddle A. nor any tight, t tie, intNeet. Wtet.Or OM/14M n auutt,ny weans, toast, aversion. *INNS. ls'Ns, wars Or Aster. wen, but -Oltimg heroin 0.a11 rngfifv fir ••anti th, .slant to which a 'tont at ocelot to and ban/ the;and IS'naired by this oa.cy ,.) "mortises": monsega. Oise of truss, trust abed. or Other Mushy .nefr3Motlt. If) "public naiads" these churns whie% by lay ITpert eOMtfuetrya halted Of (nation r0•ting t0 Sala spy 2 CONTINUATION OF INSURANCE AFTER CONI.EYANCE OF TITtS r", t .ft0y.; •r '... 3M•r. ;nail tr,nt Aug .n ei n• 0610 �• P• •r aayo, Of an insured s0 'Orj at ,...Cr! ...1 so: ••'h.ns in :Mfg ur Mittel! .n u..; :a''.J. .r noels en :nneotedness seturia L. a irur:•'32, r'1t,,3vy 'mortgage given i/Y y 01/'0a3r ':•ar lug 5 ',twee, or aC •)ni7 as !Act rooted inn•• nave l.ab'l.ty en, rvMOr Ot :Ove•••nt: r.I ova'• v•ty ''1 ASO Dv Yuen 'nsut*0 ,r Day u*niai• 0r e.;.•.vre^C, 01 Stan eau:• Or nM•est, t,rav'duel. nOV,5v r tn.o boner snag ^ot .' naiad it !WV! .n 'aver ill any pulehal*e Ir7rfl SidCe! 0'1r441 0! r.tn,r AA estate or ntv.rtt .+! '^o ^"yb•V1+usl ta1Yran Oy a ryalrap a•0''S •:•':.-ge ;lye" to Stan .n• 1'.•*0 3 O€PENSI MNO PROSECUTION OP ACTIONS — NOT1CS OP CLAIM TO es • GIVIN Sr AN INSURIO Cl.*INIANT u) The Co•ooanv, as •tt own Boss via ,, MOut undo• Oa ay shall provide for the deform* or an .ni.r'a; n all l.l,jauon consisting of 1Ct.nnt 0, t,•OCMtl'net C.tmrh.lKad kismet sucr, ns.,' eU. 3' o news... interpoHJ against an Ntyied .•, JC act•un 'a cables a combat Cif a two 01 ten* •stela or .A101,11 .n wen Ia/w, t0 the •atMh toot Yuen I.t.garun is IutannW upon an snow Seisms. 'Ian. en*vmbr*n0e, Or Ot3N Titter IOW1•d 'gaiety !iv this po..Cy. lbl TM ,n•urua shall notify rho Cc i.3oy Or0a•lony ,n .v..!.ne (') .n caio *RV acfi00 or proeskelag .1 UItivn o. thtfMN ,t .nle►fONd a• Ie1 forth n ta) wine, IA in cam Yen bw*a0R snail cern* so an gelus+l natal•• of a^. c of title Or .nterett "Olen .t s7Wrse t0 :`e I. —_ tO the casts or .nl!•et1• at r•wre0 an0 w^. 'nr0111 Ceuta I0U 0• carnal. for ..n.Cr • Company may or •1664 by yaw. Of t-it 0r ,,nl .1 t tie t0 Ire !state Or ,r}eralf. - .ntur•7. .s reforms as .nmereet1bls. •t 0?0' *3t nol.Ca Shall ^o! be given t0 cr1 Deny, men as 10 Wen •'{tied ail help ten )f • Coronary Shea; cease art terminate 'n retire tie mate, Or Tatters t0r woien such efts"` notice is required: pr0i"led. hOry,ver, t- leoure t0 n0l'ty ins,' ,n no elle 0•s'uO'CS :• - nyntt of any wen •ntutSO unser gait un'ut Ira Comosnv mail es Dr,Iu0,Ca0 By t,a - t*.l.re end then only t0 the eatent 0f I6C 0rsaud.ee. !el Tne C01inoa'1v t-en `Ave the ••grei at. **IS rut: t0 ..\{shut. and r0.tn3,,t undue Jets DrOtecu,e soy action or oroceedim$ Or t0 0 shy ether set *hien .n ill opinion may b - -minty Os dostrable to establish ins tine t tna spate Or ,ntN*tt Y .mired, and th Con'Oeny May Take !Ay a0Droar,sts echo unites Inc tarns of tali D0"CY. whetn0l 0• n0 • that! lye habit entreunaer, an0 snail ^o _ trerrby concave''ao:oily or mosey. orgy Oroy•i3Ol ,l tau ua,ty. Mt Whalley*, the Company Iran raw ntOieMI any aetien Or •rtrrpofed • olefins, a r*au.rse 0r Derrh.,t•d by the provision, of tn, pn1'Cv. fh. Company may Dome any wet litigat.On tO final d.lnm,Mt,on oy a :ou't 0 cof0lMl iur'S4sct,On one eaornily 'tsar.* the ught..n its t010 dHCraf.0m 10 MOS* ',00 91- 779 j06 $Cameerme glee tMplsrwea Offoim lee end ea.itased ell Lot Pap el Tfla Pease; 0 a, o $ABC/c 4, NOTICE THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PZ 22 14439 01 /16/24 RfVlEW american titles insurance company Rate $ POLICY NO. Ailt-- 31-100042 SCHEDULE A Oats of Pottcy November 15, 1988, 7 A. N. Amount of Insurance $ 2 , 4 00 , 000.0 0 1. Nafre of Insured Premturn S Related Commtttnent No. MIA.MI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership 2. Tht estate or interest in the land described herein and which is covered by Olt policy ss: Fee, Simple 3. The estate or interest referred to herein is at date of policy vested in: • coMQ�� MIAtMI CHEESE COMMT. "ITY CENTER, LTD. a Florida Limited Partnership 4, The land referred to in this policy +s s:tuated :n the County of Dade State of Florida and :s described as toiiows. Lots 6, 7, 10, 11 and 3; and the East 12.50 ft. of Lot 4; and beginning at the Southeast corner of Lot 3 run South 10 ft., thence run west 65 f_. thence run North 10 ft., thence run East to the Point of Beginning; and the East *65 ft. of Lot 5; and the East 65 ft. of Lot 8; and the East 65 ft. of Lot 9, all in Block 6 of THIRD AMENDED MAP OF MIRAMAR, according to the Plat thereof, recorded in Plat Book 5, Page 4 of the Public Record of , Dade County, `Florida . 9]- 773/D7 A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT O/ R / NOTICE AMERICAN TITLE INSURANCE COMPANY Policy No. 31-100042 SCHEDULE 8 mis sudnlmf neeesto ro scneauiee for a pui>uc heainq coreana wib tmelire;set forth inthe Otvor Miami Ce MoT appau tletlecislon-rna g hotly Hill re�ewmeinmmendmr! weuchearmgm renaa,a rzcommenaaeon or a snot ee.<_iaon. This policy does not insure against loss or'damage by reason of the following: PZ-22-14439 01/16/24 1. All assessments and taxes for the year 1988 and all subsequent years. 2. Rights or claims of parties in possession not shown by the public records. 3. The following restrictions contained in Plat, recorded in Plat Book 1, Page 166, Plat Book 1, Page 187, Plat Book 2, Page 69 and Plat Book 5, Page 4, which contain no reverter clauses. "The Streets, Avenues, Drives, Boulevards, and Alleys are dedicated to the purchasers of lots, their heirs and assigns, with the reservations that no fish house or other unsightly building of any nature shall be placed east of and in front of the widthaof such street shown upon the plat as the Freda, at the point where if the boundaries of same were produced they would intersect with Biscayne Bay." Covenant running with the land, dated and filed October 8, 1980 In Official Records Book 10893, at Page 2186 and rerecorded on October 9, 1980 in Official Records Book 10894, Page 766 of the Pub- lic Records of Dade county, Florida, a copy of of which is attached hereto as Exhibit "A". 5. Mortgage and security agreement dated March 10, 1983 given by Louis LaFontisee, as Trustee to Consolidated Bank, N. A., filed March 14, 1983 in Official Records Book 11724, Page 1472 of said Public Records securing the original principal amount of $1,500,000, as modified by First Modification of Note and Mortgage dated June 27, 1983, and as modified by Second Modification of Note and Mortgage dated August 30, 1985, and as modified by Third Modification of Note and Mort- gage dated May 29, 1986, which mortgage is subject to that certain Assumption Agreement dated November 10, 1988, filed November 13, 1988 in Of- ficial Records Hook 13892, Page 677 of said Pub- 91-- l779 /08 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKIJP;ORIGINALTAN BE SEEN AT THE END OF THIS DOCUMENT Policy `:o. 31-100042 This sulwnttal needsto he scheduled bra public hewing In accordance with t rneur set forth in the elty of Warm Lode. The applicable decision-nia king body will Ii rewewb tM1e Innnauon at the public fearing to render a recomrnendahon or a Anal decinon. lic Records, under which the said mortgage was assumed by Miami Chinese Community Center, Ltd., Florida limited partnership, and by Isaac Shih and Joan Shih, his wife, as guarantors. G. Financing Statement-UCC-1 executed by Louis LaFontisee, as Trustee, in favor of Consoli- dated Bank, N. A., filed March 14, 1993 in official Records Book 11724, Page 1488 of said Public Records. 7. Collateral Assignment of Leases and Rents executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N. A., filed March 14, 1988 in Official Records Book 11724, Page 1491 of said Public Records. 8. Covenant Running with the Land executed by Louis L. LaFontisee, Jr., in favor of City of Miami, relating to parking facilities in con- nection with the lease from Louis L. La- Fontisee, as Trustee, to Zum Alten Fritz, dated August 21, 1944, filed August 22, 1934 in Official Records Book 12245, Page 1628 of said Public Records, a copy of which is attached hereto as Exhibit "8". • Firancing Statement-t;CC-1 executed by :.lisabeth Yamahoha d,'b, a gum Alten Fritz, in favor of Southeast Bank, N. A., as to all restaurant and kitcnen equipment located or used in the operation located on Lot 6, Block 6 of the subject property, filed in Official Records Bork 132760, Page 1914 of said Public Records :?esolueion No. R-72.9-46 passed by the Board of County Commissioners of Dade County, on June 17, 1986 entitled "Resolution Adopting The Method Set Forth In Section 197.363, Florida Statutes, For collecting The Special Assessments To Be Levied in the Spacial Assess- ment Project Area Known As the Extension Of The Downtown Component Of Metrorail (DCM) Project, If And When Such a Project Area Is Created By County Ordinance, So As To Enable such Special Assessments To be Collected As Though They were Ad Valoriem Taxes" filed June 17, 1986 in Official Records Book 12923, Page 2618 of said Public:.Records. PZ-22-14439 01/16/24 11. Mortgage given by Miami Chinese Community Center, Ltd., a Florida limited partnership, 9i,- to Louis LaFontisee, as Trustee, filed /03 779 THIS DOCUMENT IS A SUBSTITUTION TO ORag,INAL..BACKuPORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Policy No, 31-100042 (7--,,..,....,„,", , 1 NOTICE mis submrtm neeesm be echeauiee for a puac hexing r_tlana wintlmeli, setforth intheOtyof fAlamiC—Theappg— tleebion-rnaNing hotly Hill —e inmrr — al me w—earmgm renae.. _rnrn... oranoeleeciann. November 14, 1988 in official Records Book 13892, Page 689 of the Public Records of Dada County, Florida, securing the original principal amount of $527,500.00, which mortgage :was collaterally assigned by the owner and holder thereto to Consolidated Bank, N. A., pursuant to that Certain Collateral Assignment dated November 10, 1988, filed November 14, 1988 in Official Records Bock 13892, Page 694 of said Public Records, and as reflected in that certain security Agreement from Louis LaFontisee, Jr., as Trustee, in favor of Consolidated Bank, N.A., ;fated November 10, 1988, and filed November 14, 1988. PZ-22-14439 01/16/24 .2. LCC-t Financing Statement executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N. A., filed November 14, 1988 in 0fficial Reccrds Book 13892, Page 697 of said Public Re- cords. 13. ,:CC -I Financing Statement executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, in favor of Consolidated Bank, N. A., filed November 14, 1988, and re- corded in Official Records E:ok 13892, Page 684 3f said Public Records. 91- 779 l/ 0 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT , . j 01/4 ,po. ifr* , • Material, Itii,ICIUb.JJi. Ct.m/64Net itiatttal %MU iNetj Ilurirq tie 1. trn of rho r,s1.I distrait Inscd. • tin.irir. OK- • • "IV IP not tiwit N.4419 art,1 call Otis ,ity et, On rihr S.1.1a0 $j"lunG•natran1.7r ;,.1101s814 : 756 EfIC IICILDIIC tho acerb of the follu.: iiptict flow ort4ourty. parcel tint.5-8111rJek *Mirsnit. also lussos as third a.t.toitul Map .4 airootedee tit plat. teak S at loge 4 of We Mettle tcturtts bkg county, Plorid.i. Parcel as %SAO N.E. lth Ave, Mint, Florida Givitsd Fluor thereat, it is the intanticn Of the said 1011C IsOLAINC CPO. seriatim parIU,ng lot property dr-,Aribed atovo as Parcel A. tut the purpeskes for the um,. end tomtit of Paroal D. during the tore ol a LIU 1#2,01/43 COAL to tiono'n Corvercial amp. for use as Ai roster:ant/ lemma, the City et Mad. Florida, as aCerelltiat for the issuance of a building permit for the use ot Parcel 11.as a restaurant, haa rrericitell that an osselont for parking fatilittas be (wanted in favor of Parcel "D" on Pnreel "A", during Ile ta&1 of tie loose VPIC 110thlt4 CORP. to Sinnoin Cumercial Corp. herewith, To said 'IC rohus the folltming niloweent as a covaarnt to net with the land: • That In certildoratiot of tho innuartai of a Wilding permit tO mirto's Canwirclal Crap. wtth recioect to Parcel Dr an oestertnst is henswith granted in favor of Patel "a" during the tens of tho lease tram CPIC CMAP. 70 manes 0:Invercial Corp. , tJits oescrort to nos with the lard and to to binloq qnn the t....sp•ctive lieLra undnasi..pis cf the partite livro.0 so low NI U.* said leauo between Iiitc IDIM CORP. ;:v1Mlere1 Cuirs-rcial Curp. fla2i be In effort. Shfuld this LrAn•nant (Xlitt • Alter:Fa* 'mirk int, will 'xi ittovillati 1 :t..ct, a i.aivur L.0 oak ettaltr.1, ctt* ;JAI Mirirriett1 of trt utt11:41 Cm the a...king lot lease by of Parcel I 1 a 0 141inorma3 - a.1110 17J)114; / • / ":.•:41•14 iy:. , .4/ 4'1Jc— • • • firAll: EIDItItis stir/IY CV (WC Cathilt t cis• 64%4 • ) ' Stl 14.11114• 4 lel .14 64'.*4• 0.411.1111 #61.14 •. OS... $111-111141•1*. Will.' I II. Up • .14111 • •••• certify tLat Iii-rtert Is. Aorilg mental 144t144. Itii.t IILI, .Li; 4.1 eCii.sareJ vary !tuella State el rintifla 4t large ovsin,i-nv t;.• . •ti reit I 14.. Elam noes so*. slevcova Nowt ••• •..0.06 • , . . Or • 1.1111114111a tit! • k i,asso ' v• • ,91 — 779. • • TFI4SDOCU-MENTISASUBSTITUTION -- --- TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE��Nb OFTHIS DC1CUMENT COVRNnht tturnitrNG tilru Tiff tenon Mhereea.. Loots L.'Larentiseae es Truetee, pr1p18ty. to -wits Ie245 t: 5i13 the Owner Ot the fello.tln•t .tueertt•c t feteN As {Lot 4. •to* 4 'Mirataet; also known as third nnen.ted fief. et M esmer, is recorded to plat. Dock S. it page 4 ..f the Publie resells Dade County, rlertda. ? Wel Os 1444 M.S. 4th Ave. Menlo Florida Creund Moe • Whereas. tt is the intention of the laid Louis L. Larenttas.e as Trustee to utilise a surfed* parking cot on the property described above as faeoel'A', ter the purposes et is patkil7 lot dos the use and beneitt Of trotesi•i•, dtrine this tern of a :ease by Louis L. Laentisses as Truitt* to 1111sabeth Yamenohe 'V&A tuwalten rifts for us♦ of rageot.tl• ea a r044ti&11I4t/ Eherets. the City et Ml.si, riorids , es a condltlon ror the Issuance of a certificate of v.* for the use of Parcel 'Oa. as a 40 teat rest• eurast. has requested that an easement. for parking facilities 1s granted in favor et part: 's` on Parcel 9 . during the tern, of the este cease • • by tools :• ts.'otttaeee es Trustee to Zwsatten write herewlehl the said Louts L. E:arontlseee es Trustee Makes the tolle..ihy alreewent as a movement tO tun with Us lends The% 1n oonsider.ttton of the tsausnee of m certificate of use to fumelten writs with respect to Pereei 's's in easement is herewith greeted la tares of P.ra.t •><• during the term of the amid lease from Louie L. trotenttasas' as ?rust•• to Benetton rests . this easement to run with the lend sM to be binding urea the respective heirs and esslgno of the 'hurtles hereto so lChg 0e the said lease ►etweea Louie L. laronttnt•. as Treatise and :wales* Trite shell be 1n effect. Should this; soya..+... beeves old. alternate perking will be provided dtretnq the tore ..i t grid tease, a waiver pi' parting o4tain.d, or use dlacontinwo.1. This oonvenent supetcodss c•seats covenant :seed October g, Me made giving tpte holding Ccrp. to conn.ctloA with a lease for a • restaurant st parcel 'd• above. which said lease wee terolsated by the • parties. • • tN N=1r[ff tnllhtOP,. the undersigned have hereunto set their hands .net slats this day of August 21. l$44 NOTICE :•, y ••r 1 tr.:�.1r• �. s • *mast mucus .1 ss . et Memo • tog instrument was se 44 by Louis L. Woo ,i •mi. mom. rem awa n, • w +ei ice' hrlovlsdtet Wort M tau ass. Jr 4 se Create.. City ! b' O. eta 0 at My sostsstoo aspires. wort w.rr.•, n o► ROIS* del iir►mil,i• 4••41 •..i:e we/ • Lsi--•77s ;XNIBIT.� . 1 /16/2 tr t; 1'. • • 44 i' 14:2. t .� eieeseiegeMineer 11-14-S-D0010MENT IS A Sl405F1414Ti4341.• TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT IC0,1110001 end SI1avINleeta Cenunuee end Cenelu4ie Ftem 11eyMM SW e1 Pettey Feel) Ina adveree lue9r runt or Order. fel In NI ch$$ APM$ MN OM'cy p*,mitt 0r teau,ra u'e COO1O01v 10 orm.tute 11 t)ro.:de for tat dNMle Of 3nY ICl'0n C• Or0Cee01ng. the .Muted hartundee Shalt secure 10 :he CaMtlary the right 10 10 0,0le104 Or provide detente In wen ietiOt► Or a•OCaedtnu. and all wows tMre•n, and perm:; ;fir Company to 'ate, at in • 11011011, 1M nutns Of WO t,W'M for loth 0ur0011tt. Whiney*, rrryucllM by the CvmoMy, lutes 'Mudd shell emit the Coirwooy a;l'eNOn• able foil .n Me Wen Weft or of000rd.n9, 'n ,H,CUnp 1ttl.amint, .teurI' e.'dencr obtain. .nq wit/waif, Or OMMCuhn1 01 datt0U041 S110. acl'on Or chbebadtnq, and Me Comganv shah ,el 0UlIV 1uC11 r0lu,at1 for ern, evtVuie so .ncutred. 4. NOTICE OF LOSS - LINOT1e1•ION OF ACTION In sedition '0 tar not.ttlt •ttu''sd ander pera10110n itbl of tors. Cor•.e,•on1 .no Xt'oui1• lions. A statement .n iodine; 7f arty von nr barber for *aeon it is claimed thr CCmttany A bible video M.s 001•e'. shell or !urn.N•a0 '3 the Coihpanv w,that 90 dari &frier P.M loss Or 'lamage Owl halm aeon ileNtmar.ytt ant!' p r 9nt 01 action Shall atCtue t0 an mitotic, C;a,.hant until 30 dey1 after suer% stettmNll 1►Ia 1 nay blab rue .lh,d. ee.I;,te •o r:.1'•.tn st•Ct' wolf. Hunt 01 IMS Or Clamant !hall 't•!C!•nate rev nobility o1 the Co'nuany .r•,J:' tail v0ofey Ai W such test At armies. 5. OPTIONS TO PAY OR OTs$IPWISE SETTLE CLAIMS Th• COtnusny t: i.. maw.. • ie '.. •^1 '9 .:af tl`Or*.ta 14114 1' r HI •".i .a•'•.. .7t I.. n.s.•.'d C a.rtliht 11'•y C:aun •'tb'l.t 04.14.'1• 4, term,natt all I')0.1•1y A'IO 7b:,,+,.- O'4 I !tit Ca^pat'i "srtu"uto hie uio no or ah•J4••••Q J.yment , I the amour:, 0f .n4wa••:r „mg th t .)01•Cy 40gtthF ti.lh toy rim. alas• -Sit Nos Sod e110anies rneu»ea .,: t4 Mt ., the of Suer' 041y01ent 0. Una*. of beyrlst•'t 0, U r mooted Cta.manl anti author inn by •no tain10a1'Y 4. OEtERMItdATION AND PAYMENT OF LOSS tat TEN-•4Od't•, 71 "► C.:M:ar'v 6`14I.1 •, 1 110144 Mall n 10 Gass a CM•.i t:'v Galt i,t !d tnl OC11•11t rest 01 1.11 'Swill Cann. OM. O1 :481 •roe aannunt of ••'surenh.r Maki •', Se"••J•.'y A t41 Ina Co.r11.an, wait aey. m a00'4 un to &hY left •,.wrab aoo,nor ny 1114 enl.cv, e11 :0111 'mo01110 WW1 an insured •n 1:1seatt0n tarred 0•' by the Comeesty let ?ugh inswed, and all Cosa, attOtnoire' NM and esperiyM.A 1i1igaa00 41r►►ei On by Wch infl w with test see'ttin author ter t.eh of the Company, (e1 When 1 W,;ity has been Mr f..re.y tiara .n bCCOrdo1S7 •vita the eo.dr.0111 0l ;n11 dell?y, MY lull ... d;mega ...is! ht raktdoe• *twin JO day; chrreafler. 7, LIMITATION OF LIA$ILITY NO Cairn theft• twin o' be mhntalnable under that O01.ey fill If th* Convoy ally havny t &Coved n4t.C4 01. 111 alle9ad AHrtt, 11M Or H/ru"tbta/M• .nwarl avamtl tlareundll. by .1 slaw% or Othr•w.s1, •nmovel such O11eet. n.;n Or ♦•1cy/nP.4 ,:O Or NNOlilht/ IIt1 :1(1e. ee llurM, rv,tn•n a 'e o44ab1V Irene attar reCerpt 01 Weft n314.y 'b, ,n the Wen, of :.t.'j1NOn lint.. toils "as nohm 4 1,na1 determinet'on by • Ono't ail C MU111eht.ui.$0,CUOn. anel44001.11On 71 er..1pntM1 thertlrprn arivotte t0 Ih,' hate, at •nua Ml, at oruv,OCA tin I !ara9t,Plt 3 sweet• Or 10 t'•, '•in'''r, iolunlerdy at4,med by an . M.p•10 •., 1.,7t 1''ny at, CIJ.T n1 tort w.t,10ot p.•Ur *r.tt.1 COnt►1•t of the Company. e AEOUCTION OF LIAOILITY 411 nay.nentt .,.`ear ins DM:c Y. *scoot psyrnynit 'oily 1M t01N1, att0rrU4Y lays and e.0'l''.s, 111,01; •h}.A., the &mounn et the rii.arancu 0..1 I•0I;0 4u iaynv.•t Mel be Midi atfhOtl Jrnnu0n3 ih,1 0010Cy Iir M1Or1Mlenl ,If !urn 0a'r+trot unit$* 141E 1101'CV he tall 0, JONrn(PU. 'r. .anon CISO MOO( of i..Ch ton 01 tivsttuct of. tnr.l Oe turnµhed t0 the tette- le'f „In 34 Ina i nvortirtY 9 LIAAILITy NONCUMULATIVE 1t •t •i:Yry44 y ...'0e11l 404 that , Amount OI :pt,;•.ner ...Jet lh•. trOliCy 111a,' r voueW » Env •t•ou"t ;• c C•1^',•air .'•/•. :iv under s"1 i:0'• 1t ''our••,; v met :aI a mi•' .ale 1111.An .,, • sl, .. .1 'J ••' SC yriu.r B h,•r.•o. ... '•'1 •1 4 'yes n. . t:r.. .. :h'1 00%•C..:. I:.' ) Th." J,* nrrpa••st hV::1.01M Uy an .•,tors,) :.1•a'' •t J :ha. to Or I't1. do Ina !•;tit• yr •I1 r.:• :1111r' Oriel .1 teft'•rtl 10 ,n Schedult d. a• J "t4 4:n00.111t to 114110 $ball be 'Stroud 1 ,,ey'ttnt .il%$,•r •':•t 0.01•Cf. The �•3mpaav 1"0.l ' wy •11: •illy;.; 10 L10'v 13 tn. ,:a4'he'I •11 env ,, 't -•1 , 114a9e1 art 4'1Wn1 roil ignsif4.,0 ',trf sumer tO the 'nsu►fe •o4r''.. tt 4 •;'ale •)' •n61141t Wolfft11 by tr.'! 'n..:+ v.L ••• •rnOunt lid WW1 :11811 be .Ir••.1140 a r.4.'14tn1 •• ear th.t DG••ry to two lnlyr4r.:.;,..'•vr 10 APPO1171011.01EdT I ant :Siva ari....:r0 •1. ;ith.n..:r A 40fraritt Q. :t♦,I or n4••'.• nary& r.1 :I, .Ira not 1•t,0 at a 5 •.9.. 1•44, ant a t•r41 .t • 4'3uI,t''.ld at fats ♦•j Oh, n. .T•vy of tu.es 31rcl•n ^:.I not ail. the IOt$ used cat , oma,.l;d .''0 oft 7 Ora •Ole Oatd as .1 Mt amount of t.tutaies under, thla 0014Ce was d.v.Joe Olu rate a1 t0 the y11ue 0" 0010 Of 0ot,C, 'si aactl ;ynaiate owe! to the wn90, eiClul.v 01 any ..n1N0vtInMt1 made tau. %Mullin 13 trial• 'a' POI 4n'e s O habtlity as Thk stand l needs b be scheduled be public tearing in escort encase. mefirase f orth in the City or Masi Cade 711e apples. decision -making Neatly anal resew the Information at the piheating b render a iaommendeaon or a 1nel decal on. ve'u, his 0tharwl4* 9i41 a9•OOd u00n se to such ogees by the COitoeny and tn1 ,ntu' 1h4 fi'm* Of tar Milne' Of thi 001•ev mown by en 4aorets statement herpes o• t On0Orenhent attee1ad Norm,. 11. SUAROGAT10N UPON DAYMIN1' OR SETTLEMENT Wheheylr the Comas^. ;nett Abe tat!• clan under tall Ool•Cy. all rant of lubroge that. yNl ,n me tumolnv 4na04 411M by set of tat insured clatmMt, The Camoan. be 1u0rogetee l0 end be 1111111*0 l0 sh • and reene6,M which such Emoted w0410 neve nod miaow env aerion or 0160 rv$O)CI 10 WOO :II" h00 anal UOb44 oven owed. end .4 rowdiest by tat Cathy such .nfurve Claimant {Heal 'remits, ro Company NI r, ttl end '•mien* atlstnu Oer4On or pr00arty necespry .n order to oar such tight 0t tubt0411100 one MMI permit Company 10 use the name 0f wen .`t, C1Mn4e11 •n IRV 1tan1ae140h 0► tatOsttOn team, suet tights Or rerhWiel. If the 0e1,01' 00N not coot. the 101n et toot Inkar00 t.4 ail, tee Comaanv then blluDrosetod to t ru)ltte One remidlia In 17N pVOOOttIOn .4r mid oil m40% boort to t40 4n'oy1t of sr* • If Ion impute result (rem any art of 4 ,nwred clarment, kith eat /hell not .0'd aotcy, but the Cemooty, an dist went. tra tl0uar14 t0 VOW Only tot part 01 any .01 insures g4Mt nereunder wnleh ;,hail ;at the arhowtt, if any, 0041 t0 the Comport, teeter, of the ,m151,1 'lam :t the ' ;1t suer Oeat.On. ♦ {2. LIASILITY L4MITEO TO This a0t/C Th,r .n1VNnte^t Ip9ather M t1 a1. ►w^� 'nrrtit and 04her 1n41140•tn11, •' any ette: ner4DY by the Cotn7any it trio tnh•e 001.e♦ 4Onrtaet oatvlreen roe ensured and the Z. pair. Any :,pm Of 101101 damage, *nether O' baled 0n ritelfQanee. end • then ar'N/ out 7' 1t4tu1 Ot the I'tla 10 the ;stale at n1• CO4ared heteby 2, Ifni 40ir0n OM, 1 Clines, yha.; be •*$;t itled t0 the 040v•/10es1 conditions and ttlovlauonl of tent p0nev. No ame00lt0ent of Or endorsement td o0I:ev can be made ,*Gaol 0•i wr111n9 ego, haride Ot a11*Cn10 hereto a.4ned by ,.:nil• i.31,dent, a 'lit/ et;t'0ent 'he Sac►'at.. .ite.stant SOC:otM'i. or Vatdat.h4 Or eath0rseetl t14na1ory 11 1he CO•n0ahv 13. NOTICES. WI4ERE SENT All n4t'CS$ ra4ulted 10 be "Yen tn* play One My stettrrent .o writing r,0u,r/o La turn.eted the Convent, too be edotateo •t et'44 "tome :me. If 0 Bca0t•e002. Mae FloenJe 33101. //3 97- 779 • PAY _. • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN T_THE END OF THIS DOCUMENT 1k�! M00f��N-t�CCtASHIER'S CHECK AVIV CONSOLIDATED BANK wooer IOtl sr. • NA4tAH. ru AloA x1013 • �; ; �� •� 111 c• •— —1 +�''►wl)ade County Tex Collectos!;44.ae 00 a 13664 40670010174 0060000498 a' Thlssu..l needs to be scheduled for a public nearing In accordance with anteones set to. the Cby of Ka. Cede. The app.. d Islon-rnabing body rNll restewihe inioimedon et the pubic hearing to render recommendation or miner dad.. PZ-22-14439 01/16/24 Na 06-21366 9u.06S229 9 !.aac shin •t cK +K�r Nov 10L__10,._ a.. $ ****5 j) 4 9 0 1I ..vt,eloniZEO s•G AT • • • 9'i --• '7'7 9 IsAY 1l • .11,a a...? M�werVa. Sllik e w RiN•It01��ton . CO! iATEO WE. s• .ur. st • ►wALFJ►►i,t0RIDA W► i !.'.. 4-; • ***Dade County Tax Collector**. • •M•✓• tI v 4n .•. M •—• V 9006572926 l.aac Shin ri!i rn 4AEMl!tg, '0? 13t515 CO6 70010'178: v0600001898 2!S .. 19 a *47.4S2 .1 b*** ♦•♦ • • la s • • 1 1 _ _+ f-9•• - - to '' i 1 tt:! 11: =fit TICOR TITLE I,I rigor Tab • 6.1. 4 • :1 •t i^ iGn r :,f2'1�185?6tA0'3,::. t.•• ;_' THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT TICOR "irine INSURANCE I PZ-22-14439 01/16/24 Policy of The Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE 0 AND THE PROVISIONS OF THE CONOIY'IONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock Company): a California corporation, herein called the Company. insures, as of Date of Policy shown in Schedule A, against lose or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1 Title to the estate or interest described in Scheduler A being vested otherwise than as stated thereon; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title; This policy snail not be valid or binding until countersigned below by a validating signatory of the Company. Countersig By Donald A. Golden GOLDEN. P.A. VMrdehng Signatory By Attest TO 1060.0 014/100.10820tawTlgAMUrMj-OM.w•PN Pim 0.1010 40Imw10.1n.?01 TICOR TITLE INSURANCE COMPANY itgai ore4u, President eadavr~itra. Secretary 91- 775 l/7 CAT. 00,1001110 .._. _ _.. _....ww; vi i.xciustons from Coverage The following matters are esly excluded from the caverage of thiTrpolicy: 1. Any law, ordinance or ad. Emmental regulation (including but not limited to building and toning ordinances) restricting or regulating or prohlbHing the occupancy, use or enjoyment of the land, or regulating the character, dirttenstona Or toostion Of any tmprovment now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions or area of she land, or the effect of any violation of any such law, ordinance or governmental regulation, 2, Flights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy, 3. Defects, Ilene, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by thle policy and not disclosed In writing by the Insured claimant to the Company prior to the date such insured claimant became an Insured hereunder; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting in lose or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by title policy, 1. Definition of Terms The followingterms when used in this policy mean; (a) "insured ; the insured named in Schedule A. and, subject to any rights or defenses the Company may have had against the named Insured, those who succeed to the interest Of each insured by operation of law as distin- guished from purchase including, but not Limited to, heirs. distributes*, devisees, survivors, persona! representa- tives, next of kin, or corporate or fiduciary succeators. (b)"Insured Insur d claimant": an insured claiming loss or (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by treason of any public records. (d) "land": the land described, specifically or by refer- ence In Schedule A and improvements affixed thereto which by law constitute real ; provided, however, the term "land" does not ude an properly beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or ease- ment in abutting streets, roads, avenues. alleys, lanes, wwaayys or waterways, but nothing herein shah modify or limit the extant to which a right of access to and from the land is insured by this policy. (s) "mortgage": mortgage, deed o1 trust, trust deed, or o security instrument. (f) "public records": those records which by taw impart constructhve notice of matters relating to said land. 2 Continuation of Insuranos After Conveyance of The coversgs of this policy end continue in force as of Dale of Polley In favor of an Insured so long as such insured retains an estate or interest in pie land, or holds an indebtedness secured by a purchase money mottgags given by a purchaser from such Ipn�sured. or so long as such insured shall haw liabilityof covenants of warranty made bys c nsured in any t�ranss- fer or conveyence of suchhowaver this policy shall rot �continuete orlinn force MProvided. a orr of any purchaser from such insured of New said estate or interest or the indebtedness Ncured by a purchase mangy martgags given to such insured. S- Defense and Prosecution of Actions — Notice. of Clem to be Given by an Insured Claimant (a) The Company, aatf Its own cost and without undue delay. shaN provide for the defense of an insured in all Conditions and Stipulations litigation consisting of actions or proceedings com- menced against such insured, or a defense interposed against an Insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, Tien, encumbrance, or other matter insured against by this policy. (b) The insured shall notity the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set font in (a) above, (il) in case knowledge shall come to an insured hereunder of any claim of cilia or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (Si) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shalt in no Case prejudice the rights of any such insured under this policy unless the Company shalt be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own coat to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable t0 establish the title t0 the estate or interest as insured, and the Company may take any appropnats action under the terms of this policy, whether or not it shall be liable thereunder, and shall not �'reyby concede liability or waive any provision of this (d) Whenever the Company shall have brought any ac- tion or interprosed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation t0 final determination by a court of competent juriediCtion and expressly reserves the right, in its sole discretion. to appeal from any adverse judg- ment or order. ((e) In all cas where this policy permits or requires the Companynto prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure t0 the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, are permit the Company to use, at its option, the name of such insured for such purpose. Whenever re - (Conditions and Stipulations Continued and Concluded on Lain Page of this Policy) 0 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 4 779 f/8 Number OWNERS 09-180002 THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Ahlism ofineginir Dal« of ComMy s235 00.00 3120 p.a. 0 _ Jantiary 12, 1989 OWNER PttnICY Schedule A Agent's Order No. 1. Name of Ineured: MIAMI C1=INESE COMMUNITY CENTER, LTD., a Florida Limited Partnership NOTICE This subinital needs b tie SOSO.] br a public hewing in accordance vier iltrratinea set forth intro City of Miami Code tine applicaltie decision male, body me renew. at the palm herring. render a recommendation or a 'Mat de.on PZ-22-14439 01/16/24 2. Title to the estates or interest covered by this policy at the date hereof is vested in the insured. 3. The estate pr interest in the land described or reterrod to in this Schedule covered by this policy is Fee Simple. 4. The land referred to in this policy is located in the County of Dada State of Florida and described as follows: Lot 12, in Block 6 of MIRA1fAR. according to the Plat thereof, recorded in Plat Book S. at Page 4 of the Public Records of Dade County, Florida. 91- 779 // Thu Film 11 loam ,r •.u..... _ . Polloy NO, 09.480002 taw THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT This policy does not insure against loss or damage by reason of the following; STANDARD EXCEPTION$: (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary tine disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. Sch,dujs 1P5: II"" NOTICE Thissubmbtal needs, ,scheduled fora public hearing in accordance xi, timelines set forth n the Llty of Miami Code. The applieade decision -malting body roll revertible information at the pubic hearing to render recommendation or a final decision. PZ-22-14439 01/16/24 00 400tatemadikixtaatmalingleakatoubsiltidukaolowastackcettrietromilioa SPECIAL EXCEPTION& 1. Taxes for the year 1989 and subsequent years. 2. Covenants, conditions, raatrictions, easements, terms and other provisions shown on the Plat MIRAMAR SUBDIVISION, as recorded in Plat Book 5, at Page 4 of the Public Records of Dada County, Florida. 3. Mortgage from Miami Chinese Conaunity Center, Ltd., • Florida Limited Partnership to Intaraasrican Engineering Corporation dated January 12, 1989 in the original principal amount of $170,000.00 recorded on January 12, 1989 in Official Records Rook 13960, at Page 427 of the Public Records of Dade County, Florida. 91 779 420 Nw,.vionons Continued end Concluc ed quesred oy the Company, stmsured shall give the Company ail reasonable aid .. ny such action or pro- ceeding, in effecting settlement, securing evidence, ob- taining witnesses, or prosecuting or defending such ac- tion or proceeding, and the Company shell reimburse such insured for any expense so incurred. 4. Notice of Lose — Limitation of Action In addition to the notices required under paragraph 3 (b) of these Conditions and Stipulations, a statement in writ- ing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such lose or damage shall have been determined and no right of action hall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or Otherwise Settle Claims The Company shall have the option 10 pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering pay - mint of the amount of insurance under this policy —1 together with any costs, attorneys' fees and expenses incurred up to the tiro of such payment or tender of payment, by'he insured claimant and authonzed by the Company. 0. DMerminstlon and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: i) the actual loos of the insured claimant; or ii) tee 'roil neurone stated In Schedule A. b) The Company will pay, in addition to any foss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses In litigation carried on by such insured with the written authonr.ation of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy. the loss or damage hall be payable within 30 days thereafter. 7. limitation of liability No claim hall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such de- tect, lien or encumbrance or establishes the title, as in• sured, within a reasonable time after receipt of such notice; (b) in the event of litigation until titers has been a final determination by a coon of competent jurisdiction, and disposition of off appeals therefrom, adverse to the title, as insured, ae provided in paragraph 3 hereof: or (c) for liability voluntarily assumed by an insured in set- tling y aim or suit without prior written consent of the CompanIL Reduction of Liability Ail payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro canto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall tie' furnished to the satisfaction of the Company. It Liability Noncumulative it is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a from Fleverse Sol Policy Face) , .TLVIENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PZ-22-14439 1 /16/24 mo av,. shown or referred to In Schedule 14 h Which is a lien on the estats or interest covered by tt policy,. or (b) a mortgage hereafter executed by an i sured which is a charge or Tien on the estate or inters described or referred to in Schedule A and the smog so paid shall be deemed a payment under this pork The Company shall haw the option to sooty to the pa) rent of any such mortgages any amount that otharwls would be payable hereunder to the Insured Owner of ih estate or Interest oovered by this policy and the amour so paid shall be deemed a payment under this policy tt said insured owner. 10. !f tee described in Schedule A consists of two o more parcels which are not used es a single site, and i IOU is established affecting ono or more of said parcels but not all, the tow shall be computed and settled on a prc rata basis as if the amount of insurance under this policy was derided pro rata as to the value on Date of Policy of each paste parcel to the whole, exclusive of any im- provements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. tlon upon Payment or ietttent• M Whenever No Company shall have tented a claim under this policy, ail right 01 subrogation shalt Yost in the Com- pany unaffected by any act of the insured claimant, The Company shall be s�ogated to and be entitled to all rights and remedies cc such ineirbd claimant would have had against any person or property in respect to such claim had this policy not been issued, and it re- quested by ihs Company. such Insured claimant shall transfer to the Company all rights and remedies against any��person or property neoesspasry In order to perfectsuch 1111 name a such insubrogation sured shall permit any transacytion or litigation involving such rights or remedies. lithe payment does not cover the loos of such insured claimant, the Company shalt be sietsd to such rights and rem. idles In the x� n which maid payment bears t0 the amount of saido! e.11 lose should result from any act of such insured claimant, such act shah not void this policy, but tie . in that event. shell be required to pay only thaien t part of any lossed the es against hereunder Com- pany by reason of the impairment of the right of subroga- tion. Liability Limited to this Policy 'moist msntrums t together with W endorsements and other any, attached hereto by the Company is theentire policy and contract between the insured and the Any claim of loss or damage. whether or not based on negligence, and which arises out Of the status Of the titlthe estate or interest covered hereby or any action emoting such claim, shall be restricted to the provisions end Conditions and stipulations 0f this p01. icy. No smendmsnt of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President. the Secretary, en Assistant Sscretery, or validating odd• cer or-sul horizsd signatory of the 13. Notions, Where lent All notions required to be given the Company and any statement in writing required to be furnished the Corn. pony shall include the number of tills p0Mcy and shall be addressed fa its Principal OMloe, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92702, Los Angelo), ngelo), California 00009. / Alb THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 0000 PHOEBE PEALT',' • TEL ��ATIO\PL yATTOR\EVS' TITLE INSURANCE COMPANY COMMITMENT National Attorneys' Title Insurance Company COMMI'TaMENT TO INSURE TITLE o °T ti NOTICE ' mis submRtal neeestote!cneaulee br a Puhlic ne-ing ccorean . wim n mein• aet form m me cin d Miami add. The apOuble tlecision-making body will reNewtM1e Inlonnationatther n9hearingtorenewa re-ommendatlon or a Anal ee[ton. NATIONAL ATTORNEYS' TITLE INSURANCE COMPANY, a corporation of New York, nerern called the Company. for a valuable consideration. hereby commits to issue its policy or policies of title insurance. as identified in. Schedule A in ravor of the proposed insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or referred to In Schedule A subject to the provisions of Schedules A and 8 and co the Conditions and Stipulations hereof. This Commitment Shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of mis Commitment or by subsequent endorsement This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the polity, or policies commuted for shall issue. whichever first occurs. provided that the failure to issue such policy or policies is not the fault of the Company In Witness W? erect• NAT(ON'iAL ATTORNEYS' TITLE INSURANCE COMPANY has caused this Com- mitment to be signed and sealed as of the effective dare of Commitment shown in Schedule A, the Commitment to become walid when countersigned by an authorized signatory Commitment No. Fl C -- 71818 By National Attorneys' Tide Insurance Company Charles 1 Kovalesks dent 91 sa id. i cet_or Agent .. PZ-22-14439 01/16/24 779 rR •+tlMi�.: - THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE This submtlal needs. be scheduled bra public bearing in accordance web tl inclines set for. in the City of Miami Code. The appllczbe tlxi9m•rna king hotly alitrenew the inform.. at the pubic bearing to render a recommendation or a final decision. + Standard Exceptions for Owner's Polity The owner's policy wail be subject td the mortgage. if any. noted under item I of Section or Schedule 8 hereof and to the following exceptions' (It taxes or special assessments which are not shown as existing liens oy the public records, (2) rights or claims of parties in possession not shown by the public records; (31 encroachments, overlaps. boundary line disputes. and any matters which would be disclosed by an accurate survey and inspection of the premises: (4) easements. or claims or easements, not shown by the public records, 15) any lien, or right to a lien, for services. labor, or material heretofore or hereafter furnished, imposed by law and not Shown by me public records Note for Lander Unless otherwise stated in Schedule 8.2 hereof, no restriction on subject property was filed for record subsequent to February IS. 1950, prohibiting sale or occupancy on the basis of race. Color or creed Conditions and Sdpuladons The term "mortgage.'' when used herein. shall include deed of trust. trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance. adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedue 8 hereof. and shalt fail to disclose sucn knowledge to the Company in writing. the Company shalt be relieved from liability for any toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced oy failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien. encumbrance. advverse claim or other matter. the Company at its option may amend Schedule 8 of this Commitment accordingly. but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3 Liability of, the Company under this Commitment shall be only to the named proposed insured and such parties included under the- definition of Insured in the form of policy or potKses committed for Zknd only for actual loss incurred m reliance hereon in undertaking in good faun la, to comply with the requiremere hereof. or (DI to eliminate eeeeptions shown in Schedule 8. or (c) to acquire or. create the estate or interest or. mortgage thereon covered by this Commit- rhent. In no event shall such liability exceed the amount stated in Schedule A for me pO)Ky or policies committed for and such tiablity a subject to the tnsunng provisions and the Conditions and Stipulations of the form Of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4 My action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the tide to the.esrate or interesror the status of the mortgage thereon covered by this Commitment must be Owed on and are subject to the provisions of this Cornrnitment. PZ-22-14439 01/16/24 91- 779 NNJIONAL ATTORNEYS' COMPANY Commitment Bertram OAloec 111ChenmStreet •p O.ibc511 White Plarts.W 10602 Ronda &anrh OAioa 32 W Gore Sleet • p 0 Eta 190 Orlando. FL 32102 Norman Land Tide Association CamrtmMt - .9166 Revision — Gv THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Commitment No.0: F1 C 7181$ COMMITMENT FORM SCHEDULE A Effective Date: 10/26/88 • 2:30 P.M. Member's Pile No.: 10.02•88 rni NOTICE seuemmalneeesm ee scneeulee mra pueuc nearnq a�orean�e wile emeimes se, mnnmme ci>ym Ml7 ,2:,:p ,%,,,,e tlxision making hotly will reWew Meinbmra0on a[tee pubec M1earirgm rentlera r�omm�aaaonor. anal aecison. i 1. Policy or Policies to be issued: Proposed Amount of Insurance: OWNER'S: Proposed Insured: S375,000,00 PZ-22-14439 01/16/24 MIAMI CHINES! COMMUNITY CENTER, LTD. - A F1Cr'.ida Listdtlld actreakip MORTSAGEE: 8262,300.00 -ProPos6d Insured: CITICORP SAVINGS OF FLORIDA, ANO/OR ITS ASSIGNS 2. The estet• or interest in the lend described or referred to in :mu coMMitAient is a tee staple (LT other, soecifr sage) end title therto is et the etf4'dt1v. date hereof vested in: CITICORP SAVINGS OF PLORIDA,A FEDERAL SAVINGS & LOAN ASSOC, F/W SW>KS 7l+D use Ali &. -The land•:referred to in this commitment is described as follows: LOT7I3 and the Esst:A S feet of•Let14, in Block 6, of THIRD AMENDED MAP OF MIRANAR,accordin0-to the Plat thereof, es recorded in Plat Book S. et PMoe 6, of th• Pubt'ie Reoords of Dade County, Florida. ISSUED BY COLONIAL TITLE A TRUST CO. 4600.S.W. 63rd TERRACE, SUITE 216 MIAMI,.: FLORIDA 33166 MEMBER .NOsL Oscar 3, lc do, Esquire THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT COMMITMENT FORM SCHEDULE •I Commitment No.I;.,, PI C ?ISIS Member's File No.N:. 10.02-118 the following ire, the requirements to be complied with: 0 NOTICE This subnhtal needsto be scheduled bra public herring In accordance with hrnedres set forth in the city of Warm Lode. The applicable decision-nia kIing body will rewewtM1e !Mal -manor at the pllhlllearingn tenders i m reoornendahon or a Ana. l decinon. PZ-22-14439 01/16/24 'QE yI Ew C°0 1, PePment of the full consideration to, or for the account of, the grantors or mortgagors. 2, Instruments creating the estate or interest to be insured which must be executed, delivered end filed for record: 3. Execution, delivery and recording of a Warranty Geed from %CITICORP SAVINGS OF PLORIDA,A.FEDERAL SAVINGS & LOAN ASSOC* to MIAMI uU INESE COMMUNITY CENTER, LTD. conveying title to the ubJact property. *F'/K/A IIMMTE TECERIL MHZ PM ASSEZIATICN t. Mortgage to be executed by MIAMI CHINESE COMMUNITY CENTER, LTD. to CITICORP SAVINGS OF FLORIDA, AND/OR ITS ASSIGNS, ncumbering subject property in the principal sum of 8262.500.00. S. Proof that Miami Chinese Community Center, Ltd, a Florida mited partnership, is registered with the Secretary of State. A copy of the Partnership Agreement must be provided. • 6. Affidavit is required showing that MIAMI CHINATOIN DEVELOPMENT CORP A FLORIDA CORPORATION,is the only entity •' interested es partner in the partnership, MIAMI CHINESE COMMUNITY CENTER, LTD.,'A FLORIDA LIMITED PARTNERSHIP, and that it approves the 'conveyance -or encuabrenoe Of partnership property. • 7.'Satisfactorr evidence showing MIAMI CHINATOWN DEVELOPMENT u '.CORP., a-FLORIDA corporation, in good standing. *A. -Proof and/or Prewar resolutions must be furnished that MIAMI HINESE COMMUNITY CENTER, LTD, A FLORIDA .LIMITED PARTNRNSMIP. duly eenixed and in good &tending, by its Charter is not prohibited from acquiring and/or encumbering reel property. 9. Affidavit executed by grantors that there are no claims ending and unpaid which constitute a Mien against the subiect perty. 10, Evidence that City/County taxes for the year 198$ hove been Paid. . 91- 779 11. Evidence that City/Count), Special Assessment Liens, if env. have boon paid. /a / l� THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 9 NOTICE This subrtlal needs. be scheduled bra pub. bearing in accordance with timefin. set firth In the Chi of Kam Code. The appicatie decision -making hotly wit review the Information at the pubic nearing. render a recommendation or a final dec.. 12. NetL0e 01 State Tex Lien recorded to O,R. Book 130115, Al Page 1867, of the !Niglio Records of 0A0E County, Florida, against NEW BISCAYNE FEDERAL SAVINGS 8 LOAN ASSOCIATION. This notice appears to be against the pert~ in this transaction end it must be discharged end cancelled of record. 13. Assignment of Contract from Isaac Shih and Joan Shill, his wife. Trustees to Mime! Chinese Coaaunity Center, Ltd., of ail their ri• is end interest in that certain Contract for Sale and Purchase of R al Property between Citicorp Savings of Florida as Sellers, and id Isaao Shih and Joan Shill, his wife, as Trustees for the subject property. PZ-22-14439 01/16/24 FLORIDA. ► THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT COMMITMENT FOR TITLE INSURANCE SCHEDULE 62 Commitment N0,1:,.. Fi C 71818 Member's File No.l:, 10-02-88 II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless the same ere disposed of to the satisfaction of The fund: 1. Defects, liens, encumbrances, aoverse claims or other matters, it any,,.creeted, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the DVODOsed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner Polley or owner guarantee issued pursuant hereto will contain under Schedule 6 the standard exceptions set forth et the inside cover hereof. Any mortgagee policy will contain under Schedule 6 the standard emotions unless en affidavit of possession and a satisfactory current survey ere submitted, en inspection of the premises is lade, it is determined .the current year's taxes or ) iPeciel assessments have been paid, and it is determined there is ..nothing of record which would give rise to mechanics' liens which could take priority over `the mortgage (where the liens would otherwise, take priority, submission of waivers is necessary). 3. Any lien provided by Chapter 159, Florida Statutes, in favor 'any city, town, village or port authority for unpaid service barges for service by any water systems, sewer systems or gas systems serving the lands described herein. t. Liability for municipal improvements made, authorized or ding but riot assessed. S. Taxes for the year 1989 and subsequent rears, which ere not yet due and parable. This submtlal needs. be eche.. . fora pubic bearing In accordance with tlmelin® set forth In the Clty of Warn Cale. The applha be deci9m•ma king hotly tub review the Information at the pubic hewing to render a recommen.on or a final de. on. 6. Terms,00nditions, covenants, limitations, easements and reservations contained to Plat of THIRD AMENDED PLAT OF MIRAMAR, as . recorded in Plat look S, at Page 4, 7, Dedication dated January 25, 197. filed March 30, 1917, 0R book 162, Page 414. S. Dedication dated March 31, 1917, filed April 19, 1917, look 163 at Page 473. ALL INSTRUMENTS A6 RECORDED IN INC PUBLIC RECORDS OF DADE COUNTY. 1.2 O 9U.- 779 PZ-22-14439 01/16/24 OR So tn. tee 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ThIs submittal needs. he e...tea for pubichearing In accordance wXM1tlmellnes set tor. In the Cly of Mimi Cede. The appllea He decision enaiing b.y sur review tie Inhm,auon at the pubic hexing. render recommend... or a final de:c non. the aforementioned covenants, restrictions, conditions, easements end egreefients do not contain a reverter or right of re-entry clause, end this Policy insures that the said covenents,restricttons, conditions, easements and agreements have not been violated to date and a future violetion will not result in a forfeiture or reversion of title end will not effect the validity or priority of the mortgage hereby Insured. As to the loan DolieY, Item 1, Schedule SII is hereby deleted upon closing and presentation to closing agent of a geo affidavit. As to the loan policy, item 2, Schedule !II is hereby deleted upon the conditions that a survey certified in accordance with Chapter 627.7aL2 Florida Statues end s fully executed Non -Lien Affidavit Pursuant to said statute are presented to the Co.PanY for its review. The Company reserves the right to add to the Special Exceptions portion of the final Po1icv oil matters disclosed by the survey end affidavit, but. the Company agrees to afford effirastive coverage over defects disclosed therein in accordance with Lender's instructions upon closing. The title insuror insuring thin commitment hereby insures against the possible existence of adverse setters or defects in the title which are recorded during the Period of time between the effective date of this commitment and the date of recording of the documents creating the estate or interest being insured, except as to matters of which the insured has knowledge, and any Provision in this commitment which is in conflict herewith is hereby deemed deleted. PZ-22-14439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ENDORSEMENT National Attorney's Title Insurance Company Endorsement No. I. to Policy No.: F1 C 71818 Name of Original insured: Citicorp Savings of Florida and/or its Assigns Original Effective pate: October 26, 1988 Original Amount of htturance: 1252, 300.00 Agent's File Reference: The policy is hereby amended u follows: Under Schedule A. Proposed Amount of ihsurancs for the Mortgages TitlePolicy is hereby amended to $263.500.00 • 10-02-88 This submtlal needs. be scheduled bra gob. hearing in accordance with timefin. set firth In the City of Korn Cotle. The appica He decision cna king hotly wit review the Information at the pubic nearing. render a recommendation or a final deo.. PZ-22-14439 01/16/24 like { iel but In all other respects remains unohmpd. National Attorneys' Title Insurance Company j36 BY —.1° Countars�lm+ Chartres 1. Kovoleek i 91 - 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT MINNE5O7A TITLE At (''ner Policy .'.' er.,;a....at c r',e & soc at or Corm B•i970 IPev '0•17.70 and '^•''•.41 polo Numt;er AZR 173237 rnla eaamewirceee m ee e�nea�iee m a peeuc Maervy armreanawnhtlmsetfoRh Inthe city of Mlemi Co]detl e. The appllcaHe eci9on-making bogy will reNew Me inmrvnatmn at tM pubic Maang to rcrvtler a rxnmmenoauon or annaieeciaon. PZ-22-14439 01/16/24 C�2 _ _P'''Ck CC -a,NE, �uB.,E%' ': .: �:..__ . ;S � .. .... _ AGE : E�cC_ tS 4.,1I � PPOYSCNS :c - : `:S �� .' ai. _ _ �S rE^E.F `.:�a� .'_, _ `. . • . `. NNES0*.1 -Fre r :J•,2r. "e :,roar'. rc,. es . •Jf :ate . snow r Schedule A. t4a.rs: css :3n'age rot dYic-_ : iT:_• S•: ect..e a and .:i'S. a':r^e..s `ees ar_ the Company may oecorre cb'•.ate'tc car -?r9'.rce' ' , . -PC : "4 ; :ed Ov 'easar of tie to the sate Jr r•e.ast -..'asc' bed ^ ::"=_CL ? - '� . r1_ . - .. ;? is .:.:2': trefe 2 .:ry defect " or ,.er or err....morarce :r i.c` • 3 lack df a ••gr; :' ac:ess . "c "sr • . Jrtrar►cetac:• :' s..c .. ' •.1 ^"eic-a "3s car ieaI :c oe "ereut'tc a" 01:`. :; .. i i, • - ..... .. " : -.. - "e co. re .3 "e^ _.. :er5 Caret:_... .. :' : NORMAN SOMBERG, P.A. 1110: Brickell Avenue Miami, Florida 33131 !leen*, Sieges/ nM romt ui TITLE INSURANCE COMPANY OF MINNESC''a ;tou .rurcaar 5t:.rc..r 1A.r$610O.,s. ;ur-esa:3 :7`a : 91— 77 _rC,,,S.CNS -he'ollowre ^•a::e's itcressy :lc tired :rr rre :overage of this :coot t gal CI `oYernrrert3• :CI ce :ewer .tiny law ordinance or governmental regulation .elating to environmental protection rcl any law ordinance or governmental regulation including out not 'united :o ouild!rc and :onirg oroinances, restricting or .egulating or oronloltirg the occucarcv. use or eniovment of the rand. 3r regulating the crarac•,er d!mensiors :r oc3ton of ary improvement -ow jr Hereafter erected on :he arc :' : •:r : ' -? 3 seoaraton it owrersr,o Or a change in the aimersiors :• 3"_ 3 :' '? 3"".:' 3ry :arcet of which the and is or was a oart. rdi The effect of env vioiation of ;he matters excluded under laid lb) or lc, above. unless notice of a defect. "er or ?scum. Prance resulting from a violation nas beer recorded at Oate of Aol,cv n muse records in which under state statutes deeds. mortgages• s oe-dens. ',ens or other title encumbrances 'rust Pe recorded tr order to near. constructive notice to ourcnasers of Me !aria or value and 'M;rcu; (7.;ww- edge: provided. however trat wltrout !im!tat!or. such •ecares snarl -ot oe construed to include records ,n anv or the offices 3f federa,. state ,;r oral environmental protection. zoning, building• nealtn or public safeDi authorities. 2. Rights of eminent domatr unless nct ce of :'e exercise of such rights amours in ;tie oubiic -earls at Cate :' Darcy 3. Ogtects. !lens. encumbrances. Obverse ::3 r's.:r Omer matters sal created. suffered. assumed or agreed :o by :re ^surea claimant; MI not known to the Comoany and rot s'cwn :y the :tc'•c •ecord5 out known :o the 'nsured c!a mar( e•tre' at Date :• c'.:' at ^e date such claimant aceu!red ar estate or ^:ergs: ri 'era ov iris pc; Ci are not disclosed in wntrrg by the nsured c a;mart to :-e Conan, or•or to :tie date such insured claimant became ar •rsured nereu-de' 'c' esu.: ^g r no loss or damage to the nsured clamant. d) 3r3cr -c 3r ;eared curse- .cent to Oate of Policy or 1et'esult•r'g r css barrage .vn.:^ .:cuid not aye been sustained :he rsureo c ainar• -3::a c'.a•.e •.• 're iEtate or nterest 'muted by :r s coney CCNr.- C '` nert!,7 cr •c; owing •cirri .'.rev _Sec aa- .! "s•.•e: -ar• - :: c...e art:. 5Lolect:o any ngrs ::efe^ses :"e ;. r^C3ry —a: "a.a 3ga:rst ;re -amed nsured.:nose sun, succee t 'c : e -'era:: f side^ rSured by ooer- a:ion of law as dis::rguarec'crr, :u•: _se g. out ^rat ir" :ed :o. C:Strou:ees, dev:sees. sun •. ors ,227sc7a. •33resertat•ves. nest of .'" or corporate cr 'toucan. S6coessors rPt -surer :. _ _ "surea c•a! r-^g .css or damage rereu^cer ICI -_.. -_-- •-:wiedge tit:or,:ruct've Knowledge or rot.ce whir- •ra, :e —: ..- ..:. 'cured ov 'e3sor 3f any puck reccras .?'d -•e ar: ieeC'"c?i v or 01, refer- erce ,n Schedule a 3rd mph; ,—Er'.: _ xe: cv aw constitute •eat prooer"... •e••"• :ces 'ot 'nclude any orccer,.:e,ord :re -is • ':re 3rea ;eec• .:esc :ea or referred to n Scree d nor 3-. ;'e-veriest ests•e :r easerner: •n abutting streets. roars. 3verLr: r e.S. amiss A3.t :' :.d:erw.ays.:6; nothing herein snap moc'r'r er rr • rre ^t •... '. • grt of access :o and from me and °s nsured c.: . _- :. Jet -mortgage — ,'y';.oe .-_.. _st 3eec. or other security instrument. Ifl "public records :rose •ecores API:" impart constructive notice of matters relating to said .aid 2. gal Continuation of insurance after Conveyance . of Tide This Coverage of tins policy shall continue in force as of gate of Polo in favor of en insured 50 long as such insured retains an estate or :nterest m the Land, or holds an indebtedness secured by a purchase moray mortgage given by a purchaser from such insured. or s0 long as such insured shall have bablety Oi reason opt =oMants of warranty manta by such insured in ary ••ars:er or :onvevar ! r- estate :r -fetes: _--. sac - s PCrC' snarl not :dnt.. 'erre raver 3f arv;urcrase' - - -surea of a tier said estarte arg"serest Or :me ' ectecress iec.'e::. •: curc^ase rcrev mortgage given •o sucn -surea 3 Defense ano Prosecution of tic;,ors - r :e :• Calm to oe given by an Insurer C.arrrant !ai The Comoany, at is own:est arc wir•"CLt :.e delay shall provide 'or the oefe^se of an rsurec ^ 3 ! : gat :'• if anions or proceedings commenced against suer • _ to•, 2e r:erdosed agairst an 'nsured n an actor :: crier:e a :. - act ^•-• . 3f :re estate or nterest n said Tana. to the extent :rat sucn : ya: 'curded upon an alleged defer:. 'en encumorance or ore, —attar 'cured against by this pol!Cy Ibl the insures snail nehfv tie Ccr^cary pt:r':: , - wring to in case any action or proceeding is begun or oeferse s ^te,. :met) as set forth ,n sal above. tin in case knowledge snail come to. =- "s�red Hereunder of any claim of title or •nterest Wi;cr s adve'se •::-3 : tie :o tre estate or interest. as insured. ano wnic •r.grt :ause css iarrage for wnicn the Ccmoanv may Pe :'able oy virtue of :''s :et c.. :• rt!e to the estate or interest as nsured..s rejected as urrrarret:c e • sucr Prompt notice shall not oe given to tre Company. :hen as to s�:- "sured all 1iab,iity of ;he Company snarl cease and terminate .r. •e:ar: :e Taste' or matters for which such orcmpt notice is recurred. deo ";vvever :hat failure t0 •^otlfy shall .n ^o case ore;udice;ne •ells -s..rec _'der tnrs policy unless the Compary srau oe ere;t.c 3•.�re and then Orly to :re extent of sucn ormolu C rye Comcary shall nave :re • ;rt. .... : - ::.te ard •Mtr.out Jndue delay crOsecute ary adder .• :_-.. :0 3r•G er act which r 'ts coition may De recessar.:• :it •::.e es:aci.sr Me title to the estate or rterest as .nsured. 3rd:-- .. -oar•, rrav rake any aopraprrate action under the terms of ?is 3c "2tt'e' :• -rat : srari be 1.ab;e mereurder. and shall not Meteor ::" - :- ::'anv. vie anv orovs!cn of this policy. id) 'M'e^ever :re Comoany shall rave orougrt ar^. ac:'o^ Zr -.termed a :e as 'eou:red or cermined by :re ' s :0' c .:re Corr rai. :ursce 3ry sucn apgat:or :: • ^^ ••• 3 CCu,: O' .. e^• • sd't::'or are excressly rise- ?i e • - • s s.: A :.sere: Or • :a`'•crr try aze,se .cgment or :roe' •e! :ases'.v"ere :r's erred permits cr -_. •-. ..:ani. to prose . :'u"•.:e'crthe 3e'e^se :f ary 3C2 c _ .• : rg, :t•e ns;.red -: . , e' ; secure x :re C3moary .^e • . - :.secute :r novice averse St:C' 3:.:^ :r proceeding. aro a:1 aria= :'erein and cermit the Compary :: -.se. 3t is oration :re name :; ii.C- ^sured `cr sucn purpose .'.r?-ever •ecuesteo Pv :re Company s,.rr• nst red seal' jive ire C:r":a 'easora:.e aid n 3ry S.Cr 3c: _or proceeding. e'ect'rg se' . er: seC.r'rg w•Cerce.:cta.r tic'.V messes. 3r 3 _seCut:ng or _e ego rg side- ac: on ;r:r:ceec:rg, aria :re Corr:any snail reimburse s_. "S .•e: '•:r at", exner se s0 rct:••e: 4 ^.:ardor cr action 3t:c:t cn :o ire ^OGces •2C': reC . r ter :aragr3on 3ibl Cr :"ese :.Jr: ' ors 2n: St Curat ors. a statement ..: rg :r „rti „ss ::arrage r:.vr' . s a rr o ;re Company s a:,e _"del i as 20i _r srai• :e'.•^ s- .; ':3r'cary w't'1in 90 days ]-e• s .cr :Oss 3r :amaoe stair rave :eer over - mined and no rght of act:^ ;ran acrue :3 ar rsu ed c'arr'-art _r:• ?C days atter sucn statement sra!, rave been 'urnrsred s- sucn statement of toss or damage srau term•nate any •iaority r re Company urder this boner as td sucn :OSs Or carnage. 5 .crcrs : Parr cr v:reuse Seine C:arms '•`'e Company shall 'lave :r'e Jc:'Cr :o pay 3r atneiwtse serve ':r came of an .psured claimant 3ry ;aim nsured against or to :err.*. -a:e Wooly ano obhgaaons Or :re Company hereunder oy paving or tehear caymert of :tie amount of insurance under MI policy together wi:r. 3ry costs, attorneys' fees and expenses incurred up to the time of suer meet or tender of payment. by the insured claimant and authorzed ov Me Company. Oetermwaoon and Payment of Loss sal The bablhty of Me Company under mis ponce sra•r THIS DOCUMENT IS A SUBSTITUTIONO I'y!y (� BESEENGINAL. BACKUP ORIGINAL NATTHEENDOFS THDQCUMENII 1 -• ( ( i% 133 Coo n.JO a'. rsgse .iJC. •'sC MIME THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • 'o .3se e,c3eec :-o ear "e ?''._ .:S . .-e _.y gc -..e:-. -e .rah e s:a:ec ^ Screduie s )r •tl ."e :ay. r aad : or :C ar4 35s insured agatrst t4 *.r.s :Gt :'. :" :: s's 1-Dose: ':oor ar ^sure(' r r•ga• :ion carried or 3v the Company for suer .nsured. and ail costs. attor^eys `ees and expenses ^ ' t:gatlor carried on by such 'nsured with :^e written autnor•zatior :f :he Comoarv. cl .Vher aomty has teen derir,:ew flied ^ accord- arce Act?" :re conce; is )f •" ::c'cv. me •oss or Damage shay :e:avacle win', 30 days :hereafter I :r : _3C No claim snail arse cr to na rte race ., ter :- i oolicv at f :he Company. after having received "Me cr an alleged detect. eh :r encumbrance •nsured against hereunder. oy litigation or otrerw,se removes such defect. lien or encumbrance or establtst`es :re :•:•e 3s nsured, within a reasonable time after receipt of sucr ^thee =' - ^e event of Litigation until there has oeer a `,ral determmat cr :•r a competent lunsdtctlon. and disposition of ail appeals therefrom ieverse :o the title, as irsured. as provided lr:aragraoh 3 rereot or'CI 'or aoy.ty voluntarily assumed by an .nsured in Setting any Claim or iva .v•trout oror written consent of the Company 8. Qeducr,on of L;aelliry all oavments under th.•s,pot:c•r exrecr Davmerts made `:r::S!s r!:me.•.s fees and expenses. sratl :educe the amourt:r :"_= •a-:) Payment stall be made .::thou oroduc.ra :h s oo••cv 'or rccrse—?rt Jr such payment ur'ess :re oc• c', to est:rr:es:•crea. " n r : :3se crier :f sucr loss ar destruct:on srali :e'Lr-srec •^e sarsrac: cr •:e ' Como" Liac.rr:, t s expressly urCerstooO .-at :me 3r-,L^t : ..'3r . _ . '' •— . �: '� snail Pe'eoucee 0`. 3r•r ar'c;.r• -e :Jr —oar.. : _e -stir ^y e.w'er .31 = mo--age -c'.. e•er•ec _ -.. _ ..• .yh C,. s a er a aszate serest . '.tits _. —cr;age nereeter etec•.:eel:v 3" ^St.•ed . ,n 3 •,r :re estate :r ',tees :escrte,�, infers(' •G .`: - "t so:a a i a r'e cee"•e'`..:.•.r-e," .:e' •. 5 .. . have :he oot:or :o acts., •.. _ :J.:ma— ::.._ . —••••-.. . arras::ha! c."en• se :.;C:.... is - = =-•... -•''•:... Of :re esra:e : _rest ._.: 3 , _ • • .::Eve Brat; to :eer-ee :_:r^er:.-ce• :^ s c_ .. .. _ _ .... •er t0 .1cxrt:o,..,+,e-t :re and :es::eel " Scheel. e . -i 3:: ..:c are het _sed as a i -r'e r:e 3- .._.. ....::' srec Tore r sac-ar:e.s - . -a :e ;er+ c"c ier'ec or. e Dro •3ta 333d5 .. .•a- once' •.:C' . was O••rdee C'= :.a a e • - . :at:" ie.a9:e Parcel :c ^ewro e ?x:.S ._ . ._ 'ice ,,.,,,:. a"::, :ate .;f 331 Cr. --ass a . .r .. . - .. •r tear able?': eacr fuel' :arce• _ :re - ?" .::`= - •^? ssuarre : :' 3 SO' r arc i - __. ;:3•- - - or ar ^:orser•er' attache: • . _ Wherever ."e C rrCi." .3-3 _. -.• . • .,gnt s_cragat',;r rsurec arrant ; . •_ • • au ngnts arc •emec•es ' r•r,^ • .•-_ . , ' . against art terser or creeert‘r r •escec::o ...- 7 . i :.: u: ... Peer issued. and •r requested ov :re C,rca s;.ur iu'-o .. ^-a"t :'ansfer tore Comoanv act r•ar:s anc rained es 3ra•rst =r•.:e i:- •3r Property necessary r. :Prier :: :erect sa h r^,rt si suoroga•'c- arc Permit Me Company to ;.se ire -ame of sucr rsteeo :lamer- " ar'y •ransectror. or i,•'gauon •nvott,•cg such •:gr:s or •emed'es r :re ca%ment does not co er't'e 'oss of such rsured aa•mar+:. the Camcar4 s-ail oe suorogated to such rights and remedies •n the proportion rt.nrch sate Day meet bears to the amount of said loss. if !oss shouts result from any act of SuCtl insured claimant, such act shall not void this policy. but ire Company. - .^at ?'.err stall :e Ted :. ;av Oro, -it:a'' .• iga•rst ^e'e'.rcer which stall exceec .e 3r^cUr• • •. •- :JrrDarr Or reascr, of :re moairment )f :re • grt :• s,.-•:oat : '2 Lability L,rnrted :: 71.1 c^uC, 7h,s rstrwnent together with all erdorserrerts aro :'me' -. ? arv, attached hereto by ire Company s :re er: re:ol c:.- cetweer the rsured aro tre Convey Any claim CSS Or :ar-age -c• : --• ..... : ^egugerce. and wr cn arses out or me s:a::s :• •-e • :: --- .•. - . rterest covered hereby or any ac:.or asse'• - .cr : a — :e •estrcted to the orovis•crs arc :crei:•rs ar: s: -:::.' •" No amerlar'ent of or arccrserrer::: : „• : made except oy writng enaorsec rereor cr a::ac"ec ^ere:: : ;-s: h.. either ire °•esldent. a Vice Pres,cent. the Secretary :anti or •.at+dating officer or autnortzed s•gratcr.:f ire 13. Notices. Where Sent Au notices reaulred to be giver the Company and anv stater-e^: - .. regulred to De furnished the Company shall De addressed to a - Office, Minneapolis. Minnesota 55401 Vote This pokey valid only if Schedules 4 and 9 are sl- 779 OIL THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT File Number . Policy Date 5Ziedule A 10 41- 7 4 Party Number AZR 173937 November 17, 1989 MINNESOTA TITLE at This submittal. needs to be scheduled fora pubic hearing in accordance . ,1bn-ernes set forth In the City of Miami Code The applicable decison-making hotly wit rexwwlbe Information at the pubic bearng to render. recommendrtlon or a anal deco on. Amount S 250 , 000 . 00 10:40 A.K. PZ-22-14439 01/16/24 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date nereo' MIAMI CHINESE COMMUNI—" CENTER, LTD., a Florida Limited Par_:iership . The land referred to in this policy is situated in the county of Dade State of Florida and is described as follows: Lot 2, in Block 6, of THIRD AMENDED etAP OF MIRAMAR according to the Plat thereof, r :orded in Plat Book 5, at Page 4, of the Public R=:ords of Dade Co6nty, Florida. y if Schedule d is attached. / 3S 91- '779 TIM OWNe11$ 11477 FORM MIS;'N This policy valid an Module B THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT File Number 1041-74 Policy Number AZR 173937 this policy does not insure against!oss or damage by reason of the following: 1 Facts which would be disclosed by a comprehensive survey of the premises herein described. 2. . 1 3. Ri rnle eeemctelrceM pneuC nearing mordm.wIldmellneswforth Int.0 of Mlemi Code. The appllraMe tleci9on-maNing body will redewme infamatbn at ine pubic M1eadng to render a remmmend. mannaldeeiaon. PZ-22-14439 01/16/24 4. Taxes and/or assessments for the year 1989 and subsequent years, which are now due and payable. 5. Plat et THIRD AMENDED MAP OF MIRAMAR filed in Plat Book 5, Page 4, Public Records of Dade County, Florida. 6. Dedication to the perpetual use of the public the streets, avenues, drives, boulevards and alleys shown upon the Plat of MIRAMAR except as therein set forth dated March 31, 1917 and filed April 19, 1%17 in Deed Book 163, Page 473, Public Records of Dade County, Florida. 7. Unrecorded Lease Agreement dated November 1=, 1989 between 4iami Chinese Community Center and Joann Van Brusse.. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE,SEEN AT TJ-IE END OF THIS DOCUMENT MINNESOTA TITLE an Policy Amencan land title Association•1870 (Rev 104740 and 10.17-84) PoucyNumber BNR 209636 rah NOTICE This nitrate needs to be scheduled for a public hearing in accordance with timelines set torch In the City of Miami Code. The applice. decision -making hotly will review Ma information at the pubic hearing to render a rrmmmendauon or algaldecleon. PZ-22-14439 01/16/24 SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE 8 ANO '-E PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF TITLE INSURANCE COMPANY OF MINNESOTA. herein called the Company, insures, as of Date of Policy shown in Schedule k against loss or damage, not exceeding the amount of insurance stated in Schedule A. and costs. attorneys' fees and expenses wh.cn the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of t Title to the estate or interest described In Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title. 3. Lack of a nght of access to and from the land, 4 Unmarketability of such title; 5. The invalidity or unenforceabiIi y of the hen of tine insured mortgage upon said estate or interest a kept to the extent that such invalidity or unenfoceabsIity, or claim thereof, anses out of the transaction evidenced by the Insured mortgage and is based upon a. usury. or b. any consumer credit protection or truth in lending law: 6. The pnonty of any lien or encumbrance over the lien of the insured mortgage: 7. Any statutory ben for labor or material which now has gained a hereafter may gain priority over the lien of the insured mortgage. except any such hen arising from an Improvement on the sand contracted tor and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of die Indebtedness secured by the insured mortgage which at Oate of Policy the insured has advanced or is obligated to advance: or 8. The invalidity a unenfac eabllity of any assignment. shown in Schedule A. of the insured mortgage or the failure of said assignment to vest tide to the insured mortgage in the named insured assignee free and clear of all liens. IN WITNESS WHEREOF. die said Tide Insurance Company of Minnesota has caused its coporate name and seat to be hereunto affixed by its duly authorized officers es of the date shown in Schedule A. the policy to be valid when countersigned by an authorized officer or agent of the Company. b1ORMAN SOMBER0, P.A. 1110 Brickell Avenue Miami, Florida 33131 ... q v,v,,my,J ice. �ll.�� ,1 Adononad Sigma" /37 TITLE INSURANCE COMPANY OF MINNESOTA A StOCt Corprry aSawa *VW Sci '. Akrespxlis, Afrmesoassiat 779 ' PasiOlev deli P°.°I o Sraesav Tim Seidl 211 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT '• Gil t , •t, — .•+1 r_ . - �:• . _ • ._ :1•4.i 4 ill . a;t . s :: „4, :?,l� tom' iX . �. ',b ...�• .0.01 J� :iln . : f ai► � .•�—• •_ .._ .::�. 4 '% • ;� _ . :, t 1. tit ei .� •�! �b .t�1 ,si 1(�!a :?: �. - fit. y. �. .r Thlz submittal needs. be scheduled fora public bearing In accordance with Ilneuncs set forth .tthe My., laarni Cole. The souks. decision-rna lung beds esti reales,.. infoimaton at the public bearing to render a recommendation or a final decision. PZ-22-14439 FNe Numby 1041-80 Polley Number BHR 209636 Amount $ 175, 000.00 t. Policy Date March 27, 1990 at 12 : 46 P.M. MINNESOTA 2. Name of Insured: TITLE* • EASTERN NATIONAL BANK, a National Banking Corporation, its Successors and/or assigns 3. The title to the fee simple estate in said land is, at the date hereof, vested in: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership 4. The mortgage and assignments. if any. covered by this policy are described as follows: Mortgage executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, in favor of Eastern National Bank, a national banking corpora— tion, dated March 27, 1990, and recorded March 27, 1990 in Official Records Book 14484, at Page 3078, of the Public Records of Dade County, Florida, in the original principal sum of $175,000.00. S. The land referred to inthis policy is situated in the County of Dade State of Florida. and is described as follows: Lot Two (2) , in Block Six (6) , of THIRD AMENDED MAP OP MIRAMAR, according to the Plat thereof, recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida. /36 91- 779 This policy valid only if Schedule 8 is attached THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACklIP ORIGINAL CAN' - BE SEEN AT THE END OF THIS DOCUMENT NOTICE Tills aubmtial need: to he acnebulea for a pubic nearing In accordance path l matinee net forth In the city of Miami Code. The applicable tleci9on-making body will review ble information at the pubic hearing to render rxnmmenoauon or annaldeciaon. PZ-22-14439 01/16/24 .r �" A44A4,11kA►44 �" . IrT 4Ai*AAAAAA44 ..?:.1A►4A4^rA44.644k4A.6AA,AA,AAAAAAAA.4.644 As.A .:k. 2t.1 ►44AA4fIA44.0.A.P AAAA41414Al.AAAAAAd 4AA .I€A. . - .' , .,krttAAAAAA,dlJN.ISA4.'A.A*AAAAAA.tt1►►AAAAA44AA*.&a a 1. j>'... AA►AA,4 1..!% ‘«:f!liA4kAAAA*A.+AAi4"AAaA4.4A , File Number 1041-80 Policy Number BHR 209636 This policy does not insure against loss or damage by reason of the following: 1. General or spectat taxes and tor assessments required to be paid in the year 1990 and subsequent years., which are not yet due and payable. Note: Unless Schedule 8. Part 11 is attached therms no subordinate matters that affect the title to the estate or interest referred to in Schedule A. —2- 133 91— 779 nr. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE This su bmletal needst. be scheduled for a public nearing In accordance van bmeunes set forth tithe Chy of Miami Lodethe applies. de klon-rna rue hotly oat, roam, a inioimaton at the pubic bearing to render recommendation or a final decision PZ-22-14439 01/16/24 A►44►4444‘44►41444644444144444►4A►4444►44444A►4 44 A,-, *A4li4. 4 "4441, 4 4A4�4 444444 A4►644A444AA►A,44t File Number 1041-80 Polley Number BER 209636 In addition to the matters cet forth in Part I of this Policy. the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, but the Company insures that the hen or charge of the insured mortagape upon said estate or interest is prior to such matters: r 1. Assignment of Leases, Rents and Ptofits from Miami Chinese Community Colter, Ltd., to Eastern National Bank dated and filed March 27. 1990 ir. official Records Book 14484, Page 3090, Public Records of Dade County, Florida. 2. ;;CC Financing Statement with Miami Chinese Community Center,• Ltd, debtor, and Eastern National Bank, secured party, filed March 27, 1990 in Official Records Book 14484, Page 3095, Public Records of Dade County, Florida. -3- fw rrneMI $eI 91-- 779 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL% BACKUP ORIGINAL CAN BE SE i T t D OF THTS Oet/MENT ;..a Vila No. 1041-80 MINNESOTA TITLE .Idorzement FC 2154 NOTICE This submilal needs to be scheduled fora pubic hearing in accordance .hh timelines sal forth In the City of Miami Code. The applicable decision -making hotly hell resin... information et the pubic beams to renders re,onanenelatlon or afinal decitlon. PZ-22-14439 d 01/16/24 to be attached to and become a pan of Policy No. BliR 209636 of Title Insurance Company of Minnesota The Company hereby Insures against Ions or damage by reason of. I. The invalidity or unenforceebility of the ben of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest. 2. Loss of pnomy of the lien of the insured mongage as secunty far the unpaid principal balance of the loan, together vwth interest as changed in eccordence with the provisions Of the Insured mongage, which Toss of finely Is caused by said changes in the rate of interest. "Changes in the rate of Interest". as used in this endorsement. shall mean only those changes in the rite of interest calculated pursuant to the formula provided in the insured mongage et Date of Polley. This endorsement doss not insure against loss or damage based upon in usury. or Ibl any consumer credit protection or truth In rending lane, The endorsement is made a part of the policy and Is subtect to all of the terms and provisions thereof end of any pnor endorsements thereto. except that the insurance afforded by the endorsement Is not subtect to paragraph 31d1 of the Exclusions From Coverage. Except to the extent expressly stated. It nether modifies any of the terms end provisions of the polcy and any prior endorsements. nor don it extend the .fictive date of the poky and any pnor endorsements, nor does it increase the face amount thereof TITLE INSURANCE COMPANY OF MINNESOTA A StodrCoremor 400S and/6 laresaw* Areenoore Minims 55401 Counterigned Hw+�►cta.` S.e. A**nal ONxcw a Almcr 1 rnaae1t in n tn► vn IKT4 Women t .1 voile lie *mpg INC rev. 3.27.111 J-92-296 4/30/92 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 92-- 268 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED BY RESOLUTION NO. 91-779, ADOPTEn OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING THE CONDITION WHICH REQUIRED THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO LESS THAN $250,000 AND REQUIRING THAT THE APPLICANT POST AN AMOUNT OF $250,000 IN CASH, ON OR BEFORE AUGUST 30, 1992, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; BY CHANGING THE DATE BY WHICH THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT SHALL COMMENCE; BY DELETING THE CONDITION OF SAID VARIANCE WHICH REQUIRED THE CITY OF MIAMI ("CITY") ADMINISTRATION AND THE CITY ATTORNEY TO PROVIDE ASSURANCES TO THE CITY COMMISSION THAT, "THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000"; CLARIFYING THAT ALL PLANS AND PERMITS SHALL BE KEPT IN ESCROW BY THE PLANNING, BUILDING AND ZONING DEPARTMENT AND THAT NO DEMOLITION OR CONSTRUCTION SHALL TAKE PLACE AT THE BISCAYNE BOULEVARD PROPERTY OR AT THE NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCH TIME THAT THE APPLICANT POSTS SAID $250,000, PAYS ALL FEES THAT ARE DUE FROM THE APPLICANT RELATED TO THE CHINATOWN PROJECT, INCLUDING BUT NOT LIMITED TO, DADE COUNTY IMPACT FEES AND CITY OF MIAMI IMPACT FEES, AND THAT THE PLANNING, BUILDING AND ZONING DEPARTMENT APPROVES THE FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD THE APPLICANT FAIL TO POST SAID $250,000, PAY ALL FEES DUE, OR OBTAIN APPROVAL OF THE FINAL BUILDING PERMIT ON OR BEFORE AUGUST 30, 1992, THE VARIANCE GRANTED BY RESOLUTION NO 91-92, AS AMENDED BY RESOLUTION NO. 91-779, SHALL EXPIRE; FURTHER, BY DELETING THE CONDITION THAT A CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY BE RECEIVED BY THE CITY ATTORNEY. ATTACHMENT (5) CONTAINED TA submittal needs b be scbeau lee for a putt. hearing MM.,. set forth in the city of 1 M rli C .e{ .-ME gllratle tlecision-me!ime body. 1 avlew Meinfonnation et the pu bGc be sing to rend era recomentlanonor annal eebeoet PZ-22-14439 � 01/16/24 CITY COMMISSION MEETING OF APR 3 0 1992 9 ru 2 6e8 I6 nt— J-92-296 4/30/92 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 92-. 268 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1889 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED BY RESOLUTION NO. 91-779, ADOPTED OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING THE CONDITION WHICH REQUIRED THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO LESS THAN $250,000 AND REQUIRING THAT THE APPLICANT POST AN AMOUNT OF $250,000 IN CASH, ON OR BEFORE AUGUST 30, 1992, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; BY CHANGING THE DATE BY WHICH THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT SHALL COMMENCE; BY DELETING THE CONDITION OF SAID VARIANCE WHICH REQUIRED THE CITY OF MIAMI ("CITY") ADMINISTRATION AND THE CITY ATTORNEY TO PROVIDE ASSURANCES TO THE CITY COMMISSION THAT, "THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000"; CLARIFYING THAT ALL PLANS AND PERMITS SHALL BB KEPT IN ESCROW BY THE PLANNING, BUILDING AND ZONING DEPARTMENT AND THAT NO DEMOLITION OR CONSTRUCTION SHALL TAKE PLACE AT THE BISCAYNE BOULEVARD PROPERTY OR AT THE NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCH TIME THAT THE APPLICANT POSTS SAID $250,000, PAYS ALL FEES THAT ARE DUE FROM THE APPLICANT RELATED TO THE CHINATOWN PROJECT, INCLUDING BUT NOT LIMITED TO, DADE COUNTY IMPACT FEES AND CITY OF MIAMI IMPACT FEES, AND THAT THE PLANNING, BUILDING AND ZONING DEPARTMENT APPROVES THE FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD THE APPLICANT FAIL TO POST SAID $250.000, PAY ALL FEES DUE, OR OBTAIN APPROVAL OF THE FINAL BUILDING PERMIT ON OR BEFORE AUGUST 30, 1992. .THE VARIANCE GRANTED BY RESOLUTION NO 91-92, AS AMENDED BY RESOLUTION NO. 91-779, SHALL EXPIRE; FURTHER, BY DELETING THE CONDITION THAT A CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY BE RECEIVED BY THE CITY ATTORNEY. ,r=emu.:,�k►ri• r...,>,,�,, r: _ -..... , . . ATTACHMENT (a) CONTAINED NOTICE mis subrn tal neecmr scnedulee fora pueacneannq ceoreance vMr en,eimes set mnn In the Crtyd MerNadeedecbcdoW reOewtMinbimaeon att a pubnc nearing to renEera ra n mmende.r, O r a n na l each nn.• CITY COMMISSION MEETING OF APR 3 0 1992 2a,olu« 2 6' 98 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT a WHEREAS, the City Commission at its meeting January 24, 1991, adopted Resolution No. 91-92 granting a varianoe from Ordinance No. 9600, as amended, the Zoning Ordinance of the City of Miami, Florida, subjeot to oertain conditions set forth in said Resolution, a copy of whioh is attached hereto as Exhibit "A"; and WHEREAS, the City Commission at its meeting of Ootober 24, 1991, adopted Resolution No. 91-779 granting the applioant's request to amend Resolution No. 91-92 subjeot to oertain conditions set forth in said Resolution, a oopy of which is attaohed hereto as Exhibit "B"; and WHEREAS, the City Commission deems it advisable to further amend Resolution No. 91-92 to clarify one of the conditions of the variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The reoitals and findings contained in the Preamble to this Resolution are hereby adopted by referenoe thereto and incorporated herein as if fully set forth in this Seotion. Seotion 2. Resolution No. 91-92, adopted January 24, 1991, is hereby further amended in the following partioulars : V 1/ Words and/or figures strioken through shall be deleted. Undersoored words and/orfigures shall be added. The remaining provisions are now in effeot and remain unchanged. Asterisks indicate omitted and unchanged material. -2- NOTICE PZ-22-14439 01/16/24 92- 268 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 10 s Seotion 2. The deoision of the Zoning Board in this matter is affirmed and the request for a varianoe from 0rdinanoe No. 9800, as amended, the Zoning Ordinanoe of the City of Miami, Florida, Sohedule of Distriot Regulations, Page 4 of 6, "Minimum Open Spaoe Requirements", and "Minimum Off -Street Parking Requirements," and Artiole 20, Seotion 2008, Subsection 2008.9.2.1, Seotion 2013 and Seotion 2023, Subsection 2023.4, to thereby allow the oonstruotion of a 70,028 square foot commercial building; providing zero (0) of 316 required off-street parking spaces; zero (0) of three (3) required off-street loading bays; 0' front setback (10' required); 0' side street yard (7.8' required); 8' side yard (42.9' required); 88%/31,639 square feet open spaoe (64%/34,970.21 square feet required); 17%/9,200.43 square feet of pedestrian open space (21%/11,474.6 square feet required); and eliminating the required vision clearance at the intersection of Bisoayne Boulevard and Northeast 18th Street for the property looated at 1801-1889 Biscayne Boulevard, Miami, Florida, also desoribed as Traot A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until Maroh 2, 1991 in whioh a building permit must be obtained, and being oonditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the blook (the Northeast 4th Avenue property); (2) parking spaoes (as per plans on file dated November 7, 1990) must be provided prior to issuanoe of Certificate of 0ooupanoy; (3) a Unity of Title for Traot A, whereby the Northeast 4th Avenue property shall not be sold separately from the Bisoayne Boulevard property, must be provided prior to issuanoe of a building permit; (4) in the event that the applicant provides the 80 parking spaoes at an alternate location in a000rdance with applioable City Code provisions and regulations. the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the blook; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein-referenoed plan for parking spaces must be presented at a publio hearing of the Zoning Board, said request for publio hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subjeot to the herein listed conditions subjeot to the approval of the City Attorney waiving, however, the requirement that all mortgagees join in said oovenant, must be filed in the Publio Reoords of Dade County, Florida; -3- This submittal needs b bescheduled for a gebre nearing in accordance vv. german. set forth in eC City of Memi CO.. me appliwole [kcialon-making 000y reknewtneintormation attne put. nearing.. render a rtcommendationora final tlecison. 92- 268 IMX • • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT said varianoe being also oonditioned upon the being placed in a pab1tlou of mortgagee with .iespeet, tv Lot,lt the Biboayun BoulevzsrLI propel t,y and the Nut LLearl!, apaicant posting an amount not less t,hau of $250,000 in cash on or before August 30. 1992. in a form acceptable to the City Attorney. for a period of three years following the adoption date of this Resolution to guarantee that the required parking will be provid`d and that the oonstruotion of the second phase of the applicant's project will be oommenoed, said construction to oommence within three years following the date of the adoption of this Resolution llbsu tiioe of a final Certificates of OJuupau0y Pur the firs t phase Of tlte-g Varialive Lelug f ur LLel - 0Ou uuta upuu ug bssurdflOea to 4Le City Cau.uissi0u that Ly being placed in a pool tl0u of mortgagee with respect, to Lo t.L tite BlbOayue Boulevard Pruper 4y au e No4.theas4 4 Aveuile Property, the City lb guaranteed au equity lit tutoub$ of $2t30, 000, and further conditioned upon all plans and permits being kept in escrow by the Planning. Building and Zoning Department and that no demolition or oonstruotion take plaoe at the Bisoayne Boulevard property or at the Northeast 4th Avenue property until. Buoh time that the applicant poets said $250.000 in cash. pays all fees that are due from the applicant related to the Chinatown Project. inoluding _hut not limited to Dade County impact fees and City of Miami impact fees. and that the Planning. Building and Zoning Department approves the final building permit and that. should the applicant fail to post said $250.000. pay all fees due. or obtain approval of the final building permit on or before August 30. 1992. the varianoe granted by this Resolution shall expire: further conditioned upon reoeipt by the City Attorney of the following documents pertaining to both the Biscayne Boulevard Property and the Northeast 4th Avenue property: (a) a uurreu4 appral5al, (ba) opinion of titles. (c) 0opy of titles insurance policy; all in a form acceptable to the City Attorney; and (dh) such other matters as may be required by the Administration and the City Attorney. s s s s s PZ-22-14439 01/16/24 i Section 3. This Resolution shall become effective immediately upon its adoption. -4- 92- 268 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PASSED AND ADOPTED this 30th day of , 1992. ATT ST• MA HIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATT :Y IMA/ebg •ss/M2888 -8- XAVIER L. •AREZ, ' YOR 92- 268 APR .. II 1 !AT ' 4 I S 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 3-91-57(6) 1/I4/91 RESOLUTIO„ NO. 4 J - 9 2 This submittal needs to be,cbedmee for a pubuc neanng coordance fob bmeimes set fond m me enyof Mami Code. The applica He j.cision-making body ill re., inbnnacionattMpublic Hearing to renders recommenasennor a nnaieecidnn. A RESOLUTION DENYING THE APPEAL PROM AND APPIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE N0. 9500, AS AMENDED, ITC ZONING ORDINANCE 0! THE CITY Of MIAMI, FLORIDA, SCHEDULE Of DISTRICT REGULATION!, PAGE 4 OP 4, "MINIMUM OPEN SPACE REQVIRENENTS", AND 'MINIMUM OPPSTREET PARKING REQUIRtMENTS,' AND ARTICLE 20, SECTION 200S, SUBSECTION 2000.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO TMEREIY ALLOW THE CONSTRUCTION Of A 70,02E SQUARX FOOT COMMERCIAL BUILDING: PROVIDING* ESRQ (0) OF 316 REQUIRED OFFSTREET ►ARKING SPACES, EERO (0) of THREE (3) REQUIRED OFTSTRUET LOADING SAYS, 0' PROW? SETBACK (10' RIQUIRXD)1 0' SIDS STREAT YARD (7.5' REQUIRED), 0' S20E YARD (42.9' REQUIRED); 5$%/31,639 SQUARE FELT OPEN SPACA (446/34,970.21 SQUARA PEET **SQUIRED): 171/2,200.43 SQUARE PELT OF PEDESTRIAN OPEN SPACE (216/11,974.6 SQUARA FEET REQUIRED): AND ELIMINATING TAX REQUIRED VISION CLEARANCE AT TN! INTERSECTION O! $ISCAYNA BOULEVARD AND NORTHEAST 11TH STRAIT FOR Till PROPERTY LOCATED AT 1001.1059 BISCAYNA BOULEVARD, NIANI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT N0. 1300 - "CMINATOWN°, AS PER FLANS ON !ILI DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TINE LIMITATION UNTIL MARCH 2, 1991 IN NAZCA A BUILDING PERMIT RUST SE OBTAINED, AND BEING CONDITIONED UPON THE FOLLOWING* (1) THE S0 PARKING SPACES AS INDICATED ON PLANS OM ?ILA DATED NOVEM$XR 7, 1940) MUST SE PROVIDED ON TNS SACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPIRTT), (2) PARKING SPACES (AS PAR PLANS ON ?ILA DATED NOVENAE** 7, 1990) MUST SE PROVIDED PRIOR TO ISSUANCE 0! CERTIFICATE OF OCCUPANCY, (3) A UNITY OF TITLE FOR TRACT A, WMEREPT THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT SA SOLO SEPARATELY FROM THS RISCATNX BOULEVARD PROPERTY, MUST SA PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT, (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY COOS PROVISIONS AND RSOULATIONS, THE APPLICANT SMALL SE EXEMPT ?Rom THE REQUIRE)ENT THAT THESE SPACES SE PROVIDAO ON TMS SACK PORTION OF T1S BLOCK, (S) SAID PLAN MUST RXCEIV! LANDSCAPI PLAN APPROVAL ST THE PLANNING, BUILDING AND EOMINO DEPARTMENT 0? TME CITY OF MIANI, FLORIDA, (0) ANY REQVE$T !OR CHAMOIS TO TAB AERAIN•RAFERANCSD PLAN FOR PARKING SPACES MUST AS PRASANTED AT A PUBLIC NEARING OF THE HONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO SA INITIATED AND PAID FOR SY THE APPLICANT) AND (7) A COVENANT SUBJECT TO INC APPROVAL Of THE CITT ATTORNEY, WHERASY TAS APPLICANT AGREES THAT TM! PROPERTY WILL SA SUBJECT TO TAB HEREIN LISTS° CONDITIONS, MUST SS FILED IN TAIL PUBLIC RACORDS OF DADS COUNTY, FLORIDA, SAID VARIANCA SIZING ALSO CONDITIONED UPON THE APPLICANT POSTING A PER?ORMAIICX BOND OR LATTER OF CREDIT IN THA AMOUNT OF S250,000.00 VALID !OR A PERIOD OF TARES YEARS POLLOWING THE DATA OF T11A ADOPTION OP THIS RESOLUTION TO GUARANTEE THAT TAX REQUIRED PARKING WILL St PROVIDED AND THAT THs CONSTRUCTION or TAE SECOND !MASS of TAX APPLICANT'S PROJECT WILL BE COMMENCED. 91- 779 'Y Cot+ FsioN '', OT ::n 24 1991 1 I - 92 it NUNN OIL Ex--'e,11--‘-rel` i 92— 268 4 a t:2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 11,155...1 ne. to be scheduled for punc PZ-22-14439 01/16/24 wHERtAS, the Miami toning Board at its meeting of December 3, 1!!0, Item No. 2, duly adopted Resolution ill 111-90 by a six to sero (6.0) vote granting a variance es hereinafter set forth) and WHEREAS, the Planning, Building and Boning Department of the City of mug has taken an appeal to the City commission from the grant of the variance) and WHEREAS, the City Commission, after careful consideration of this matter finds that there are peculiar circumstances effecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owners right to the reasonable use of the property without the grant of variance as hereinafter met forth) NOW, THERMS!), it IT RSSOLVSD BT Tilt COMMISSION 0r TM CITY OF MIAMI, TLORIDA) Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto end incorporated herein as if fully set forth in this Section. Section 2. The decision of the Toning board in this matter is affirmed and the request for a variance from Ordinance WO. lS00, es amended, the Toning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of S, 'Minimum Open Specs Requirements', and •kinisava Offstrest Parking Requirements,' and Article 20, Section 200S, Subsection 20004.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,02E square foot commercial building) providing sere (0) of 210 required offetreet parking spaces) sere (0) of three (2) required effetrest loading bays) 0• front setback (10• required)) 0• aide street yard (7.3• required); 0• side yard (42.2. required)) !0t/21,130 equate fest open space (440/34470.21 Square feet required); 17t/0,200.43 square feet of pedestrian open apace (211/1l0174.1 square feet 2 • yj- 02 91?799 4g8 j m- ar oPR.s„t !�! ! e O T THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT PZ-22-14439 01/16/22 required)) and eliminating the required vision clearance et the intersection of Biscayne Buleverd end Northeast filth Street for the property located et 1001-1359 $ieceyne boulevard, Miami, Florida, also described as Tract A, Tentative Plot No. 1330 - -CMINATOWN", as per plans en file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which • building permit must be obtained, and being conditioned upon the following! (1) the S0 perking spaces (se indicated on plans on file dated November 79 1290) must be provided on the back portion of the black (the Northeast 4th Avenue property); (2) perking spaces (as per plans on till dated November 7, 19l0) Brost be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne (boulevard property, must be provided prior to issuance of a building] permit; (4) in the event thgt the applicant provides the SO parking specs• at an alternate location in accordance with applicable City Code provisions end regulations, the applicant shell be exempt frog the requirement that these spaces be provided on the back portion of the block: (S) said plan must receive landscape plan approval by the Planning, Building and toning Department of the City of Miami, Florida) (i) any request for changes to the herein -referenced plan for perking spaces oust be presented et a public hearing of the Zoning Board, said request for public hearing to be initiated and geld for by the applicant; and (7) a covenant, whereby the applicant egress that the property will be subject to the heroin listed conditions subject to the approval o2 the City Attorney. must be filed in the Public Records of Cads County, !Florida; said variance being also conditioned upon the applicant posting a performance bend er letter of credit in the amount of 3230,000.00 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the appllcant•s project will be commenced. 91- 92 9i - 779 92- 268 11111111.14 !AT a 1 a S THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT abcordarceutntmellnes sel forth In the My of PZ-22-14439 01/16/24 Section 3. This MIaolutinn shall b.com• uf(.ctive immediately upon its adoption. PASSED AND ADOPTED this 2.th day of,,r January CITY CLERIC PREPARED AND APPROVED ITS 4. G. MIRIAM MAEA CMIEP ASSISTANT CITY ATTORNEY APPROVED AS TO PORT[ AND CORRECTNESSI —; • XAVItA L. 1991. OR 91- 92 91- 779 92- 268 aJ-91-756 10/24/91 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT RESOLUTION NO. A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, WHICH HAD GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ELIMINATING THE REQUIREMENT THAT THE APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTEE THAT THE REQUIRED PARKING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED; FURTHER BY ACCEPTING IN LIEU OF SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY; FURTHER BY CHANGING THE REQUIRED DATE BY WHICH CONSTRUCTION OF PHASE II SHALL BE COMMENCED FROM THREE YEARS FOLLOWING THE DATE OF ADOPTION OF RESOLUTION NO. 91-92 TO THREE YEARS FOLLOWING THE DATE OF ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECT; FURTHER BY WAIVING THE REQUIREMENT THAT ALL MORTGAGEES JOIN IN THE COVENANT REQUIRED OF THE APPLICANT; FURTHER CONDITIONED UPON THE CITY ADMINISTRATION AND THE CITY ATTORNEY PROVIDING ASSURANCES TO THE CITY COMMISSION THAT, BY BEING PLACED IN SAID POSITION OF MORTGAGEE, THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF S250,000. NOTICE This submtttal needs to to schedU lee bra public nearing accordance wah timelines 2t forth in the cllyof Miami Code. The applirabe recision-rna kIng body VII reSew[feintonnallon at the public hearing to render racornmenearionor a finaleecison WHEREAS, the City Commission at its meeting of January 24, 1991, adopted Resolution No. 91-92 granting a variance from THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Thi nbrat, ice vetimelines eacol d ffortor wetitiM1.419 6011 rwommendaldan or a final decision PZtl22,14439 Ordinance No. 9500, as amended, the Zoning Ordinance of the Cit of Miami, Florida, as set forth in said Resolution a copy of which is attached hereto as Exhibit "A"; and WHEREAS, said variance was granted subject to certain conditions set forth in said Resolution; and WHEREAS, the applicant requests relief from the requirement that a performance bond or letter of credit in the amount of $250,000.00 be posted, valid for a period of three years following the date of the adoption of Resolution No, 91-92; and WHEREAS, the applicant requests, in lieu of said bond/letter of credit requirement, that the Citli be placed in a position of mortgagee with respect to both the Biscayne Boulevard property, and the Northeast 4th Avenue property; and WHEREAS, the applicant requests that the required date by which construction of the second phase of the project shall be commenced be changed from three years following the date of adoption of Resolution No. 91-92 to three years following the date of' issuance of a final Certificate of Occupancy for the first phase of the project; and WHEREAS, the City Commission, after careful consideration of this matter agrees to grant the applicant's requests and to amend. Resolution No. 91-92 subject to certain conditions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -2- 01 /16/24 y.1•- 779 92- 268 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT NOTICE Ina¢oNaruwlNtlm6lnisu[khM1inPM1e Clty 7 01/16/24 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 91-92, adopted January 24, 1991, is hereby amended in the following particulars:1/ "Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 58%/31,639 square feet open space (64%/34,970.21 square feet required); 1711/9,200.43 square feet of pedestrian open space (21%/11,474.6 square feet required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block J Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney waiving, however, the requirement that all mortgagees join in said covenant, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the City being placed in a position of mortgagee with respect to both the Biscayne Boulevard ro ert and the Northeast 4th Avenue property or an amount not ess tan 6250,000, - val44 for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced, said construction to commence within three years following the date of issuance of a final Certificate of Occupancy for the first phase of the project; said Amendment to Variance being further conditioned upon the City Administration and the City Attorne providing assurances to the City Commission that by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000 and upon receipt by the City -4- NOTICE sularnal needs to Le scheduled lor a punk hearing In accordance Mani :gee e aIPPl®tle necebnneon n9 Men ern renew at ere punk nearing to rernera recommendNon or a fine ttl lion. PZ-22-14439 01/16/24 91- 779 92- 268 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Attorney of the following documents pertaining to both the Bisca ne Boulevard Pro ert and- the Nort east t Avenue property: (a) a current appraisal; (b) opinion of title; (c) copy of current title insurance policy, all in a form acceptable to the City Attorney; and (d) such other matters as may be required by the Administration and the City Attorney." This submittal needs. Pe scheduled for a accordance with butanes set forth in pu blic Kan Code The applicable decision -snaking lecobi wet KKel final deem on PZn922 r14439 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of October , 1991. ATTEST: :0;241'' 6..114.441.1."-m"--/ MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: d�ffl�srr A/ QU IN��11 JON S I I I ITT ATTORN Y IMA/lb/g;nb 2489 -S- XAVIER .-UAREZ, YOR 01/16/24 91-. 779 92- 268 Mee ME- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OF MIAMI, FLORIDA "PZ INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager DATE: SUBJECT. REFERENCES ENCLOSURES FILE Chinatown Project Amendment: 1801-59 Biscayne Boulevard Resolution 91-779 October 24, 1991 RECOMMENDATION It is respectfully recommended that the City Commission amend Resolution 91-779, in order to clarify that the developer's existing equity in this property has to be readily accessible to the City without the necessity of undertaking any litigation or incurring any expenses to pay off the first and second position mortgages, per the attached resolution. BACKGROUND The Administration considers that it is necessary to review the conditions of the variances granted for this project in order to clarify the risks involved in assuming a third mortgage position. In approving certain variances for parking and loading, as embodied in Resolution 91-92, January 24, 1991, as amended by Resolution 91-779, October 24, 1992, the City Commission demanded certain monetary assurances from the developer so that adequate parking would be provided in case that the developer could not build adequate parking for the project, or failed to commence construction on the second phase of the project within the established time frame. On October 24, 1991, the City Commission instructed the Law. Department and the Administration to review the equity offered by the developer to determine whether the City's monetary assurances were adequately protected. Both the Law Department (see enclosed memorandum) and the Administration believe that, although there is enough developer's equity, the City would have to pay off the existing first and second position mortgages of approximately $2 million, in order;to 13e,::able- to access the $250,000 monetary assurance offered by the applicant,: at the possible cost and time of litigation. :For further.:information .of .the Commission, the effective date. of the :partial demoa.ition::permit to:.be issued on. thin property, and the -issuance of a foundation :permit for:the new buiiding, have. been- delayed pending this consideration.- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OF MIAMI, FLORIDA 04768 - -. • INTER:OFFICE MEMORANDUM 0 1". IA; • 'O Cesar H. Odio City Manager °QOM NIX/k1J1 'Qui Jones, III City orney 4,,4 DATE SUBJECT REFERENCES April 10, 1992 A-91-724 Amendment to Chinatown variance -Resolution No. 91-77: ENCICSUQES (various) • As you know, the amendment to the variance granted the applicant by the City Commission pursuant to Resolution No. 91-779, adopted October 24, 1991, a copy of ,which is attached hereto, is conditioned, among other things, "upon the City Administration and the City Attorney providing assurances to the City Commission that, by being placed in the position of mortgagee with respect to the applicant's Biscayne Boulevard and Northeast 4th Avenue properties, the City is guaranteed an equity in excess of $250,000." I have reviewed all documents submitted by the applicant, including Gary Brown's letter of April 18, 1992, expressing the applicant's attorney's legal opinion regarding this matter, of which I enclose a copy. In my opinion the applicant has provided documentation which shows that, after deduction of the unpaid principal balance of the mortgages identifiaad in the mortgagee estoppel letters from the fair market value of the property, as set value is set forth in the appraisal submitted by the applicant, there remains an equity in the land in excess of $250,000. However,.I have serious concerns regarding the City's ability to obtain ready access to the $250,000. Specifically, in a scenario where the applicant were to fail to either provide the required parking or commence construction of the second phase of the project within the time frame set forth in Resolution No. 91-779, the City's recourse would be to declare the mortgage in default and initiate foreclosure action against the applicant. This course of action would require the City'ta`pay off the existing first and second mortgages in order to obtain the .5250,000. The mortgages which would have to be paid off, and the parcels burdened by said mortgages, are as follows: 1. Lot 2, Block 6, National. Bank, „$158,717.55 Third Amended Map of Miramar, Eastern pay-off balance as of • 3/12/92 92- 2'68 - THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT "Ms submldal need robe schedu led fora puts hearing in rcordance wit timelines t forth in the Cityof Miami Code. The applicable ! ision-rna king body will revlewthe information att. public hearing to render renommaneaeonore aneleeciaon. Cesar H. Odio, City Manager April 10, 1992 Page 2 2. Lots 13 and 14, Block 6, Third Amended Map of Miramar, Citicorp Mortgage Inc., pay-off balance as of 3/16/92 $207,632.22 3. Lot 12, Block 6, Third Amended Map of Miramar, tnteramerican Engineering Corp., pay-off balance as of 3/2/92 $155f745.48 4. Lots 3, 4, 6, 7, 10 and 11, Block 6, Third Amended Map of Miramar, 1st mortgagee, Consolidated Bank, N.A., pay-off balance as of 3/31/92 $1,381,650.00 5. Lots 3, 4, 6, 7, 10 and 11, Block 6,,Third Amended Map of Miramar, 2nd mortgagee, Louis L.' LaFontisee, Jr., pay-off balance as of 3/18/92 $474,324.00 In a different scenario, if the applicant were to default on one of the existing first or second mortgages, and said existing first or second mortgagee were to initiate foreclosure action against the applicant, the City would be forced to either intervene in the foreclosure action or exercise its right of redemption by paying off the senior mortgages, as indicated above, to obtain the $250,000 from the equity remaining after the foreclosure sale. In either case, the City would be in a position where it would have to make an expenditure, which could be in excess of two million dollars, in order to obtain the $250,000 equity upon which the variance is conditioned. In either case, the City would have to get involved in protracted and costly litigation which may even require the engagement of expert outside counsel in order to obtain access to the $250,000 equity. M023/AQJ/bjr/ra enclosures cc: Sergio Rodriguez Assistant City Manager/Director Planning,. Building & Zoning Department Guillermo Olmedillo, Deputy Dire r\ Planning, Building and Zoning Depar ent G. Miriam Maer, Chief Assistant City Attorney -Irma. M. Abelia, Assistant City Attorney. 92 268 APR-29-1392 ee:52PM OFFICERS Chairman M1ERNAAD EVSCOVTCH Virg Chen -men ALAN IL EAST.MA? Secrrtni Ytt(.HA LI. D. RIYERR Tntiuy7r DTNIS RI$ MATTI BOWER M. DITTYGUTIERREZ ItEITtI ROOT BOARD OF DIR CTOEtS All a Sii otc B arri JAJ. ET MAKER J.F. DONNELLY JOH nRNAN DEE RIc 1lARnn SeA,TI 0O1.UAIER TIIORN GRAFTON COHAN C. LEONARD,JU I. STANLEY LEVINE JUDYL.ONDON ARISTIDES MII.IAS DOi 11 MYERS REINSERT° SOSA K%THN S(,VIRE5 tAC;RIE aw'EDRUI? MANE% W. WZ1JIi1.M TRUSTEES Mfltllr�d. W0I.130N, J1:. CJlsirean E. R10HA7.0 AIIIADEFF At. A(SC1iUl.EN MY VAN KYE A1.CINeu K LYNN EEinSTED: HON. ELAINE 131GOM STRVPN aloOY,E DR. ANNULA DOWN MIANZ CAMBER ANDRIW C:ATITMAN QIAR1ZS CINNAMON SANDRACOO1 MAKCARET DOYLE JV DY ORVCRLR AND RFA DIIANY SETH GORDON LYDIA MARMON R1CIIARD ICUCARMA.N D. & 11LtS. JAM(.8 jl'UE, N 1EISLN RASDIN a.ARRY KLEIN HR. r MRS RICHARD A RLLIN MORRIS LAMINA swan I.1001C1 MA LIEDERAEAN PEGGY LOAL DR. ERNEST mums 3.7. MATICCWS.II1 (AUWTAY° NOVOA ARVA MOORE. PARRS MARIA numiIN I1.ILCa1ILTH fATIP.7.Yi3LRR SUSAN L POiVELL CRAM ■O8U JUDGE STEWS MUNSON SVSAeN ROTHCICII.I1 DDIN18 KNOLL 1DITH IRIZA MPS SINGER SItMAXON WOOL HOLLYL STEIN LCLT[WE DIRECTOR NANCY Litwnx FROM e THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT MIAMI DESIGN PRESERVATION LEAGUE POST MCC 8NN L M M mCH. FIORIDR 33110 (305) 672-2014 FAX (30S) 6724319 This submtttal needs to be schedU lee bra public nearing accordance wan timelines 2t forth in the Ciryof Miami Code. The applirabe recision-rnakIng body V II reSewtfe intonnallon at the public hearing to render a racornmenearionor a finaleecison BARBARA BAER C.APITM.AN I.Tc1NARt1 t.. HCIROWITZ l'aendn. April 30, 1992 Mayor Xavier Suarez Miami City Commissioners 3500 Pan American Drive Miami, Florida 33143 Dear Mayor Suarez and Miami City Commissioners, The Board of Directors of the Miami Design Preservation League wishes to express its concerns regarding the historic Priscilla and Algonquin Apartments. The Hoard urges the Miami City Commission at its meeting this evening to take all necessary steps to protect the public interest in matters regarding the Chinatown project, a plan which includes demolition of the two National Register listed and locally designated historic properties. The Preservation League is the non-profit organization that listed the Art Deco District on the National Register of Historic Places. We were founded in 1976 and have made important strides in protecting the historic Miami Beach neighborhood. We ask the Miami City Commission to recognize the impact of Art Deco District on the South Florida comnunity, and use our success story as a model to justify preservation through out Dade County. Careful protection of historic landmarks such as the Priscilla and Algonquin would insure the integrity of new development on Biscayne Boulevard. Before allowing the demolition and building permits for the Chinatown project to proceed, it is imperative for the Miami City Commission determine that all legal and financial aseurancee.are in place and are in the best interest of the public good. It is the Leagues opinion that adaptive reuse of the landmark apartment structures would provide quality developme ion i_si B„ou''�' yq►rd in the same way as the pn.�nr�co record in conµection• with m L itefi�on 1/5° 92 Matty Hirai 9 2 - City Clerk 268 1.11111. APR-29-1992 08:59FM FROM • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT in This submittalneeds to be schebu Led fora public hearing ordancewith timelines set forth In the City of Miami Cctle. The applica Ile decision -making body4[1 review the information at the public hearing to render a recommendation or a final tieci9 on. PZ-22-14439 01/16/24 District has created a renewed vitality for Miami Beach. There appears to be a more enlightened attitude for the preservation of the Boulevard vis-a-vie the donation of Sears; the renewed lease on the Boulevard Shope; strong community support for the designation of the Bayside and Morningside historic neighborhoods; and a new plan to return the Port of Miami to its historic 1920's location. Our organization encourages the Miami City Commission to continue this preservation mode. The League urges the City of Miami. Commission to protect the public's interest and reject all efforts to demolish the Algonquin and Priscilla Apartments until such time as Mr. Isaac Shih can provide the city with the required $250,000 cash performance bond. It is not in the best interest of the citizens of Dade County to loose the landmark apartment buildings unless Mr. Shih meets every development requirement necessary to alter Biscayne Boulevard beyond its present status. Those requirements must be met with a good -faith effort by Mr. Shih. It is time for the commission to bring the Chinatown issue to closure or guarantee to the public that the full scope of the project is financially secure. Little has been done to enhance Biscayne Boulevard over the pilot three years and the historic Priscilla and Algonquin properties continue to deteriorate. It will be unconscionable for the City of Miami to allow these historic properties to continue to be threatened with demolition, orbecome just another barren Biscayne Boulevard parking lot. i1► e cy L n Chair vernmen al Affairs Submitted into the public record in connection with item 2., on 268.: 1b/attyrHirai 92 City Clerk TOTAL P.02 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 1111111111113111111111113111111111111111111 Prepared by and Return to: D. Bradley Hester, Esq. Joseph D. Ort, P.L. 1305 E. Plant Street Winter Garden, FL 34787 Parcel ID Numbers: 01-3231-051-0010; 01-3231-051-0011; 01-3231-003-0360; 01-3231-003-0370; 01-3231-003-0390; 01-3231-003-0400; 01-3231-003-0440; 01-3231-003-0450; 01-3231-003-0460 SPECIAL WARRANTY DEED C F'N 2I.019R0759971) OR BY, 31717 P9s 1242-1244 (3P9s) RECORDED i 2/06/ 2i t' ;' 15 : 19 :lit/ iii-:. D .00C: TAX $i.69,345.20 SURTAX i.i2 F0i.i8.90 HARVEY n:UV.lrly C:I.E.RI{. OF COURT i=iIAM --1 ADE COUN., :T r 4..i..Uft+:i A Thllnsaccordance.. gm .1es senor. in TheLhear, ClTy of el 'New M1eNem Code The eppecerie opubbc lummr.teclelon ao render recommendation ore final Gecl.on. PZ-22-14439 i THIS SPECIAL WARRANTY DEED, made the day of December, 2019, by MIAM CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership, whose address is 3804 Bailey Ave., #El, Bronx, NY 10463 (the "Grantor") to and in favor of 17 PLAZA LLC, a Florida limited liability company, whose address is 425 N.E. 22nd Street, Suite 301, Miami, FL 33137 (the "Grantee"); (Whenever used herein the terms Grantor and Grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporate entities, trusts and trustees.) WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid to Grantor by Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO. SUBJECT TO real estate taxes and assessments for the year 2020 and subsequent years, which are not yet due and payable, and covenants, conditions, easements, and restrictions of record; provided, however reference thereto shall not serve to reimpose same. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD in fee simple forever. AND Grantor hereby covenants and warrants to said Grantee, and its successors and assigns, that Grantor is lawfully seized of said land; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. (The Grantor's signature is on the following page.) {00328290) Book31717/Page1242 CFN#20190759970 Page 1 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT IN WITNESS WHEREOF, Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized, the day and year first above written. MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership By: ELFC Holdi gs, LLC, a Florida limited liability com ny, its General Partner By: Witness #1 Print N Witness #2 signature U 4Rr4 , '')/ cl& vcs Print Name STATE OF FLORIDA COUNTY OF %"/i Qi'7i Isaac'hih, Sole Member rnls submlttaI needs to be scheduled for a public hearing accordance with t melmes set forth in the City of Mlami Cebe. The applicable decision -making body will re2ew the infennaijan at the pubbc hearing to render a recommendali on or a final decia on. yGhe foregoing instrument was acknowledged before me in the State and County set forth above this ay of December, 2019, by Isaac Shih, as Sole Member and on behalf of ELFC Holdings, LLC, a Florida limited liability company, as the General Partner of Miami Chinese Community Center, Ltd., a Florid imited partner ip, on behalf of the limited partnership. He is [ ] personally known to me or [ produced & ,/. . ►o -4 ► t/99-0Yas evidence of idd [AFFIX NOTARY SEAL] Notary Publip/Signature Typed or Printed Notary Name Notary Public -State of Florida Commission No.: i (00328290 } 2 OLGAL DUQUE ;;: MY COMMISSION # FP 939884 �_ • EXPIRES: March 30, 2020 • Bonded Thni Noh7 Public Underwriters Book31717/Page1243 CFN#20190759970 Page 2 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT OR BK 31717 PG 1244 L AST PAGE EXHIBIT "A" Parcel 1: Tract A, China Town, according to the plat thereof recorded in Plat Book 140, Page 48, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lots 1, 2, 6, 7, 10, 11, and 12, Block 6, Miramar, according to the plat thereof recorded in Plat Book 5, Page 4, of the Public Records of Miami -Dade County, Florida. This submittal needs to be scheduled fora public hearing in accordance with timeline set forth in the City of Miami Ccde.The appticabe decision -making body wilt review the information at the public hearing to render a recommeneattonor a nnat decldon. PZ-22-14439 (00328290( 3 Book31717/Page1244 CFN#20190759970 Page 3 of 3 LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01 °40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01°40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87°48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR. THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01°40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE N. 87°48'20" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S. 01°40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR. (M) MDCR P.B. PG. P.O.B. (R) R/W (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: 07-26-2023 AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION SHALL BEAR ORIGINAL SIGNATURE AND THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. 0 2 a O a 00 50.00' 50.DO'' THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT N.E. 1 9 t h STREET HAVANA AVENUE P( LATL ._ N87.48'20'E 260. 3' Rj. 260.09'GM, N87" 48' 20"E 260. 3' (N): 260.09' (M) SOUTH R/V/ LINE OF 70' RIGHT-OF-WAY N.E. 19M1 STREET A N87° 48' 20"E 65.22' NOTICE mm9 PZ-22-14439 01/16/24 125 5 N07"48'20"E 105.0LLIty LOT 1, BLOCKG P.B. 5, PG.4 NOCR N.E. CORNER V./.CORNER LOT 2 BLOCK 6 LOOT 2, BLOCK G N87° 48' 20"E 105.00' N87 587°48' ° 4820E ' 20Wt 150' 10.05.00 80.22 70' RIGHT-OF-WAY N.E. 1 8 t h STREET '0 00' 0 00• S.E. CC RN LOT 10, BLC I5'I 30.001 i - - 1787T48. 40'•E 26a22' -8) Nsr'a�a0"E �G0�2 SOUTH PENINSULA SURVEYING, CORP. Digitally signed by Santiago Dominguez Date: 2023.07.27 11:44:49-04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No. 6698 STATE OF FLORIDA. L \\:,C)o A .DOM7 No.6698 STATE .••;ZOR1GF .' 4 I to s - DATE: 07-26-2023 SCALE: 1" = 80' JOB ORDER: 237849 CADD: 17 PLAZA-TPLAT.dwg DRAWN BY: A.D. F.B./ PG.: N/A FILE NO.: A-1412 SHEET: 1 OF 1 SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM AIN THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Addresses and Folio Nos. Address Folio No. o, /, s 1825 Biscayne Blvd 01-3231-051-0010 1819 Biscayne Blvd 03-3231-051-0011 1844 NE 4 Avenue 01-3231-003-0370 1840 NE 4 Avenue 01-3231-003-0390 1824 NE 4 Avenue 01-3231-003-0400 1820 NE 4 Avenue 01-3231-003-0440 331 NE 18 Street 01-3231-003-0450 327 NE 18 Street 01-3221-003-0460 ,gyp PUBL . ( ��9 �t%1 )F o� �` NOTICE This submittal needs to be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Code. The applies de decision -making bodywill renew the information at the pubdc hearing to render a recommendation or a final decision. PZ-22-14439 /24 DAT MICROFILMED pUs THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ULMUIT LLtmm, LIMLUI1 LUUX1 °r�• 154811C06O? 11EC. DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration") made by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership (the "Owner") in favor of THE CITY OF MIAMI, FLORIDA, a municipality of the State of Florida (the "City"). W ITNESSET H: WHEREAS, the Owner holds fee simple title to certain property in the City of Miami, Florida, legally described as and consisting of: in accordance with-Ornelines sal forth in tie City of PZ-22 -14439 All of Lots 3 and 13, Lots 4, 5, 8, 9 and 14, less the West 40.00 feet thereof, and the 10,00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 5, "MIRAMAR" (also known au the "THIRD AMENDED MAP OF MIRAMAR"), according to the Plat thereof, as recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida, and commonly described as 1801 - 1859 Biscayne Boulevard, Miami, Dade County, Florida (the "Property"), and WHEREAS, the Owner is presently an applicant before the City of Miami's Planning, Building and Zoning Department for certain building permits consisting of foundation and demolition permits (hereinafter the "Permits"), for the Property; and WHEREAS, the Owner desires to make a binding commitment- to assure that if issued the Permits, it shall abide by all terms and conditions of this Declaration; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land, binding upon the Owner, its successors and assigns, as follows: c a N o- N !fi ri N ri M • DEPUTY CLERK, CIRCUIT COURT PUaL/ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 15451 PL OfiO3 HE.C. 0 a NOTICE ,ems PZ-22-14439 1 /1 6/24 RfVI EW CO' Q 1. RECITALS. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. PERMITS AND PLANS HELD IN ESCROW. All Permits and/or plans approved by the City in accordance with the provisions of this Agreement shall be held in escrow by the Building Official of the City of Miami, (the "Building Official"), until the following conditions have been satisfied: a. All technical requirements for the Permits, including but not limited to the requirements of the City's Departments of Public Works and Fire, Rescue and Inspection Services and Dane County's Department of Environmental Resources Management, ("DERM"), have been met, to the satisfaction of the Building Official; and b. All conditions of the variance granted the Owner by Resolution No. 91-92, as amended by Resolution No. 91-779, and as further clarified by the City Commission of the City of Miami, (the "City Commission"), at its meeting of April 30, 1992, except for the conditions which require (i) the provision of 80 parking spaces (as per plans in file dated November 7, 1990) prior to the issuance of a Certificate of Occupancy, and (ii) that the construction of the second phase of the Owner's project be commenced within three years following 1 0 -2- PUB(, DEPUTY CLERK, CIRCUIT COURT THIS DOCUMENT IS A SUBSTITUTION,' TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ac:15481PG0604 E►E the date of issuance of a final Certificate of Occupancy for the first phase of the Owner's project, have been satisfied; and c. All documents upon the receipt of which the variance granted by Resolution No. 91-92, as amended by Resolution No. 91-779, and as further clarified by the City Commission at its meeting of April 30, 1992 1s conditioned, have been received by the City Attorney of the City of Miami, (the "City Attorney'), in a form acceptable to the City Attorney; and d. Evidence of payment of the City's impact fee and Dade County's impact fee pertaining to the Owner's project, to the satisfaction of the Building Official, has been provided. 3. NO CONSTRUCTION OR DEMOLITION TO TAKE PLACE. No construction or demolition, pursuant to the Permits, nor any other activity requiring permits from the City's Planning, Building and Zoning Department shall take place at the Property until such time that the conditions enumerated in paragraph 2(a) through 2(d) hereinabove, have been met. 4. INDEMNIFICATION. In consideration of Ten Dollars ($10.00) and other good and valuable consideration received from the City, Owner hereby agrees to indemnify and save harmless, and covenants not to sue the City, the Building Official, and any and all of the City's agents and employees from, or in connection with, any and all claims and demands of whatever nature PZ-22-14439 1 /1 6/24 9 VIEW CO ' -3- r • ,.0 1 . I1:11 . DEPUTY CLERK, CIRCUIT COURT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ,p rL-cc-ivwoa 9�c � . /16/ . Rs #EviEW c00 (including allegations of negligence or willful conduct by the City, the Building Official, or any agent or employee of the City) arising out of or in connection with this Declaration and/or any of the covenants contained in this Declaration including the covenant whereby the Building Official shall hold in escrow all Permits and/or plans approved by the City in accordance with the provision of this Agreement, and to immediately undertake and assume full responsibility hereinafter for the legal defense and representation, including the full cost and expense thereof, of the City, the Building Official, or any agent or employee of the City, in such causes and in connection with any and all causes of action arising thereunder, or which could arise thereunder. 5. EFFECTIVE DATE. This instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the limitation upon all present and future Owners of the Property. 6. AMENDMENT AND MODIFICATION. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Owner of the fee simple title to the land to be effected by such modification, amendment or release providing that same has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or release, the Director of the Planning, Building and Zoning Department or his successor, -4- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT HEC. �rF• 15481 fC06O6 shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 7. TERM OF COVENANT. This voluntary covenants on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. 8. INSPECTION AND ENFORCEMENT. It is understood and agreed that any official inspector of the City may have the right at any time during normal working hours, of entering and investigating the use of the Property to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by the City and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. 9. SEVERABILITY. Invalidation of any one of these covenants by judgment of Court shall not effect any of the other provisions of this Declaration, which shall remain in full force and effect. -5- tur, DEPUTY CLERK. CIRCUIT COURT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN • BE SEEN AT THE END OF THIS DOCUMENT 111- .. 1 548 1 NO6OT, I41`C / NOTICE 10. RECORDING. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the undersigned have set their hands and seals this WITNESSES: r/ day of s r t 1 ('JI,j). STATE OF FLORIDA COUNTY OF DADE ) SS ) , 199 . MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partner- ship By: MIAMY/ HINATOWN DEVELOPMENT CORP. a Florida corporation By: ISAAC HIH, President BEFORE ME, the undersigned authority, personally appeared ISAAC SIIIH, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership, who is personally known to me or who has produced as identification, and did take an oath. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by seal this ; day of re , \*:..... r1,Vr ., - My Commission Expires: Notary P blic, Staff •,#�' •a;,4. Hfii,,AY !1 , Print Name: , � , , , + ktl'�" 10%. M027/IMA/bjr -6- Of mim') rr+ arr ICIAI RFroNos cnu rr, raox,o�. Rr r,,,y., � rFrr.elr ChM' ul Circuit & County Courts • OURTHOUSE TOWER P US(' DATE MICROFILMED 'LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT COURT Tttls Instrument Flns Preparad By - CARY L. 13R0A ,N,. ATTY. BEDZOW P.Nl) I:ORN, P.A. 11077 P.O. bu, s. i Ii:O'L Miami. Fiona I ti _ }r.? °F`: 15761 n2.913 IiEC. DECLARATION OF RESTRICTIVE COVENANTS 0 R- VIEW G 92RE 14 27 1 1992 DEC 29 09:30 THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declara- tion") made by MIAMI CHINESE COMMUNITY CENTER, LTD_, a Florida limited partnership (the "Owner") in favor of THE CITY OF MIAMI, FLORIDA, a municipality of the.State of rlorida (the "City"). W ITNESSET !I: WHEREAS, the Owner holds fee simple title to certain prop- erty in the City of Miami, Florida, legally described as and consisting of: Lots 2, 6, 7, 10, 11 and 12, Block 6, of MIRAMAR SUBDIVISION a/k/a THIIRD AMENDED. MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book -5, Page 4, of the Public Records of Dade County, Florida (the "Property"), to which it also holds fee simple title; and WHEREAS, the Owner is presently an applicant before the City of Miami Commission for certain variances from. Ordinance No. 9500, as amended, of the Zoning Ordinance of the City of Miami for the real property legally described as: All of Lots 3 and 13, Lots 4, 5, S, 9 and 14, less the West 40.00 feet thereof, and the 10.00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 6, "MIRAMAR" (also known as the "THIRD AMENDED MAP OF MIRAMAR") , according to the Plat thereof, as recorded in Plat Book 5-, at Page 4, of the Public Records of Dade County, Florida, and commonly described as 1B01-1859 Biscayne Boulevard,_ Miami, Dade County, Florida (the "Biscayne Boulevard Property"), to which it also holds fee simple title; and WHEREAS, the -Owner desires to make a binding commitment to assure that the Property and the Biscayne Boulevard Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property and the Biscayne Boulevard Property shall be 'subject to the following restrictions that are intended and shall be deemed to be covenants running with the land, binding upon the Owner, its successors and assigns, as follows: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT GED20W KORN KAN S GLASER. P.A.. PENTHOUSE SUITE. 11077 BISCAVNE BLVD.. P.O. BOX GI- 9002, MIAMI. FL 23161 - 9002 . 13051 G95-2520 44. V c mac_ 111(_.OURTHOUSE TOWER { a lSf.i]✓t���! .DATE. MICROFILMED ' 'LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT -COURT THIS DOCUMENT IS A SUBSTITUTION Tb ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT °`�� 15761 ?Gz914 REC. 1. RECITALS. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. PARKING. The Owner shall, prior to the issuance by the appropriate City department o-f a final certificate of occupancy, for the improvements to be constructed on the Biscayne Boulevard Property, construct, on the Property or alternative location, in accordance with applicable city code provisions and regulations, in effect at such time, automobile parking for no less than eighty (80) automobiles as per plans on file with the City of Miami Dated November 1, 1990. 3. EASEMENT. The Owner shall, at the time of completion of Paragraph 2 set forth above, execute, deliver and place of record in the Public Records of Dade County, rlorida, easements of access, use and maintenance or similar type agreements, which easements or agreements shall meet the approval of the City Attorney of the City of Miami, and shall provide, inter alia, that the eighty (30) parking spaces shall be made available to provide automobile parking exclusively for the Biscayne Boulevard Property. 4. LANDSCAPE_ PLAN. The landscape plan for the Biscayne Boulevard Property shall be subject to the approval of the City's Planning, -Building and Zoning Department. 5. EFFECTIVE DATE. Upon City approval of the Owner's pending application for variances, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and the Biscayne Boulevard. Property and be binding upon the Owner,- its successors and assigns. These restrictions shall be for the benefit of and limitation upon all present and future owners of the Property and the Biscayne Boulevard Property, and for the public welfare. 6. UNITY OF TITLE. The Owner shall not sell or convey the Property or any portion of the Property separately. from the Biscayne Boulevard Property or any portion of the OE O2OW HORN KAN E. GLASER. P.A., PENTHOUSE SUITE. ,1077 BISCAYNE OLVO.. P.O. HO%61 • 9002, M1AMI, FL 3316I •9002 • 1305, 895-2520 . wuvai'iniPm •Looswam tor IR %O=r s705a0!:r .IO vuso DATE MICROFILMED LOCATION' CAMERA OPERATOR. DEPUTY CLERK. CIRCUIT COURT • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT IE.. 157611' 2915 REC O a 9 Biscayne Boulevard Property until Owner has .met all the conditions set forth in Resolution Mo. 91-92 of the City of Miami as amended by Resolution Mos. 91-779. and 92-268 of the City of Miami. 7. AMENDMENT AND MODIFICATION. This instrument may be modified, amended or released as to any portion of the Prop- erty or the Biscayne Boulevard Property by a written instrument executed by the then owner of the fee simple title to the land to be effected by such modification, amendment or release providing that same has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the expense of the owner Should this instrument be so modified, amended or released, the Director of the Planning, Building and Zoning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 8. TER,,. OF COVENANT. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) -years from 'the date this instrument is recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. 9. Inspection and Enforcement. It is understood and agreed that any official inspector of the City may have the right at any time during normal working hours, of entering and investigating the use of the Property and the Biscayne Boulevard Property to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property or the Biscayne Boulevard Property and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable REVIEW BEOZOW KORN KAN 6 GLASER. P.A.. PENTHOUSE SUITE. I1077 BISCAYNE BLVO.. P.O. O0%01- B002. MIAM1. FL 33101-B002 • 130S. 895 - 2•�y� GOQ G1 DATE MICROFILMED LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT PUB( THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT attorneys fees. „Ff. 1576111 2916 RfC. This enforcement provision shall be in addition to any other remedies available under the law. 10. Severability. Invalidation of any one of these covenants by judgment of Court shall not effect any of the other provisions of this Declaration, which shall remain in full force and effect,provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land -use regula- tions applicable to the Property and/or the Biscayne Boulevard Property. 11. Recording. This Declaration •shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, /) seals th's /yII* day of , /n92. WITN the undersigned have set their handy and e.0 --t I, • �S.c os ✓ rl STATE OF FLORIDA ) COUNTY OF DADE JS: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partner- ship ny: MIAMI CIINATOWN DEVELOPMENT CORP., a lorida corporation sy. ISAAC STiIII, President 3' i N E I ET7 rrr - rM 3.EFORE NE, the undersigned authori.ty, personally appeared ISAAC SHIN, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who is personally known to me or who has pLatluced as identification and did/44take an oath_ IN WITNESS WHEREOF.�l I have h affixed my seal this /7A day of My Commission Expires: vbr188577/R/1 This Instnlrm ud dY GARY L !,•, .. , . sEDZOW n 1,' , • .,. • • A 11077 Penth-, P.O- [lox Miami. fm-ld- :.'07 eun bscr ihe-3 rr ,— ame and No ary T_3ublic, State of Florida O`*pY G1. P�jBOFACr�AL GLARY CROWN 2 y COMMISSION KUMMER MY COMM�ISSON8 EXP. OF f‘..0 OCT. 6 1993 Q NOTICE PZ-22-14439 \1 /1 6/2 GOB 41nEW a:eolrDen n1 on,ctaL ■rcoalr' •a o� Or DADE [OD., •, r.U.•DA. .. •,corn V,1ri t . ; r.lark of Cirr.•.rrt & County •;,t"i • Uousts tT`csi f' OEOZOW KORN KAN 6 GLASE-R, P.A., PENTHOUSE SUITE. 11077 OISCATNE OLVD.. F.O. t30X 01 -9002, MIAMI, FL 33161-9002 . 13051 Dar.,- 2520 4 2MMMWrMMMMIAMM o PUeC/ DATE MICROFILMED. This Y BFr,.. v r..r.•�. I'.I. 110: 1 Penthouse Suita P.O. Box 61-9002 Miami, Florida 33261-9002 woommgmonwormir LOCATIONCAMERA OPERATOR DEPUTY CLERK.' CIRCUIT COURT REC.°f`� 1576I n2910 UNITY OF TITLE THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT REVIEW CO' 92R ILA- 27ICI 1992 DEC 29 09:30 THIS UNITY OF TITLE (the "Declaration of Unity") made by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership (the "Owner") in favor of THE CITY OF !M!IAMI, FLORIDA, a municipality of the State of Flor i--'.a (the "City"). • r. •r' I1 : WHEREAS, the Owner holds fee Simple title to certain property in the City of Miami, ??Ori'.a, ?ega1117 described as and consisting oF: Lots 2, G, 7, 10, 11 and 12, 01oc1 ' , of , IFi11f,AF. SUr3DI` I ;IO'1 a/k/a TT!IPD .1M1:N1DTD MA7 nr '•1IRAMAR, according to the Plat thereof, as recorded in Plat Rook 5, Page 4, of the Public Records or 7a:ie County, Florida (the "Property"), to which it also holds fee simple title; and. WHEREAS, the Owner is presently an applicant before the City of. Miami Commission for certain variances from Ordinance ^10n500, as amender?, of the '.oning Ordinance of the City of Miami for the real property legally rlcscri'_,ed as: A11 of •L.ots 3 and 13, Lots 4, 5, 2, n and 11, less the. Went 10_09 Feet thereof, and the 10.00 feet alley lying `:orth of and jaccnt to said Lot 5, and the 10.00 feet alley l.yinn - ^outh of and adjacent to said Lot 0, R'_oc' r, '-'I`'A.•AP.." (also known as the ' "'°'IRD F - 71D' ] 7= OF MIRAMAR") , accor-'.inr3 to the Plat thereof, as recorc'o-1 1n "lat :Rook 5, at Page 4, of L the Public Records of Dade County, Florida, and commonly described as 1701-10 2 Ri scayne Poulevara, Miami, Dade County, Florida (the 3 i ccayne 0oulovar1 Property") , to which it also hol-?s fee simple title; and WHEREAS, the Owner .lesi res to :nakc a h nl ing commitment to assure tha t the Property and. the '3rscayne 9oulevard Property shall be developed in accordance with the provisions of this Declaration of Unity; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property and the Biscayne loulevar_l Property shall be subject to the following unity of title that is intended and shall he deemed to be covenants running with the land, binding upon the O'.aner, its suc- cessors and assigns, as folhow,s: 13E020W KORN KAN 4 I,LASER. P.A., PENTHOUSE SUITE, 11077 BISG"TNE BLYO.. P.O. BOX GI - 9002. MIAINI. FL 33151 - 9002 • 43051 895- 2520 SIIIMMMAMMMMIMM 2 0 PUBL, lMir OURTHOUSE -TOWER (/' •LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT.COURT DATE MICROFILMED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT REC.°F�- 15761 P 291 I. G 0 a 1. RECITALS. The recitals and findings set forth in the preamble of this Declaration of Unity are hereby adopted by reference thereto and incorporated here -in as if fully set forth in this Section.. UNITY Or TITLE. The Owner shallnot sell or convey the Property or any portion of the Property separately from the 3iscayne Boulevard Property or any portion of the Biscayne Boulevard Property until Owner has :net all the conditions set forth in Resolution No. 91- 93 of the City of r'iami as amended by Resolution Non-. 91-779 and 9--1- 268 of the City of ''iarni. 3. A?IEMD="1T AND !1ODI='ICATION. Thin instrument may be FVI EW modified, amended or released as to any portion of the Property or the Biscayne Boulevard Property by a- written instrument executed by the then owner of the fee simple, title to the land to be effected by such modification, amendment or release provi?ing that same has been approved by the City Co-nrnie pion at a publ-ic hearing which public hearing shall be appll. i e,1 for and at the expense of the Omer. f hou11 this instrument be no modified, amended or released, the Director of the Planning, Building and 7on'_ng Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such -modification, amendment, or release. 4TEP.71 O COVEl7ANT. •This voluntary covenant on the -part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors an-: assigns for an initial period of thirty (30) years from the date this instrument is recorded •in the Public Records of Dade County, and ;hall be automatically - extended for successive periods of ten (10) years thereafter unless - modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City may have the right at any time during normal- working hours, of entering and investigating the use of the Property and , the Biscayne Boulevard Property to determinewhether the conditions of this Declaration of Unity are being complied with. An enforcement action may he brought by the City or by any property owner within 375 feet of the Property or the Biscayne Boulevard Property and shall be by action at law or in equity nE0=0W KORN 1V.AN G GIASER, P.A.- P ENTHOU5C SLI LTG. 11077 O15CAYNE OLV0.. P.O. 130 101- 9002. 1.41,1AM1. FL 33101- 9002 • 13091 1395. 2520 1MMMWi�ir Co 2 9 o PUeL/ DATE MICROFILMED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT OURTHOUSE TOWER LOCATION • CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT °FF:15761r6Z912 HEC. -T against any party or person violating or attempting to violate an covenants of this Declaration of 'Inity, either to restrain violations or to recover damages. RFVI EW The prevailing party in the action or suit shall he entitled to recover casts anal reasonable Attorneys fee^. This enforcement provision shall :-.e in i'clition to any other remedies av,ai lablc ufder the law. 1. Severabil itv. Invalidation of any one of thesc- covenants by judgment or Court shall not effect _any of the other provisions of this Declaration of Unity, which shall remain in full force and effect, provided, however, that such invalidation may he grounds for the City to amend the coning and/or land -use regulations applicable to the nro?ortl an"?/or the '3 i ;cayne T?ou'_evar ? Property. 7. Recor iir,g. This Declaration of Unity sha',he filed of record among the -Public Records of_ Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the- undersigned have .met their hands and -seals t`a(ID a; of [JQCev,C./ WITN Print '13:ne: (54"4'1 L. gab Print ".arile: ket STATE OF FLORIDA ) - COLJnTY OP DrDE MIAMI CIIINI;SE COMMUNITY CENTER, LTD., a Florida limited partnership MIAMI CH NATOWN DEVELOPMENT CORP., a Florid corporation ISAAC SFIIH, President .dtress. 221 .-.E. 7F3th Street ia'Il i , - L creOUlO ,w GST MIA ■FCOIt pp0= l Of OADe [CO. -Tr. •f COL wlk1• r.1elk 11i r..uIi & Counts/ 13T:rOI'.f ..T, the undersigned authority, personally appeared ISAAC SHIN, as President of MIAMI CIIINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who is personally known. to me and did take an oath. IN :IITNES-S •.4?1ER:)• 99F, I have he nto auhnd ed my name and affixed my seal this (b day of De j My Commission Expires: Li3R1885)8/R 7hls f¢. 1 11017 B. • .,. Penthouse Su#te P.O. Box 61-9002 Miami, Florida 33261-9002 Votary Public, State of Florida Print. ''iame : f .f2O li,IrI 3 P(iB/orr1C1AL NOTARY SEAL OARY L CROWN COMMISSION NOMMEN AA713388S8 MY COMMISSION EXP. FOF FLO OCT. 6,1003 L3E132OW KORN KAN & GLASER. R.A..PENTHOUSE SUITE. 11077 BISCAVNC OLVO.. P.O. Box GI-9002. MIAML, FL 331G1 -9002 - 1305, 095- 2520 AMEMMEMFAMMEMMIAMEME 2 Address/ City / State / Zip: Phone No: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT itj of DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY tame 03-05-2021 NOTICE in accordance vir. hmelinesaet to. int, Cited revlowtheinforrnagon at the pubLic hearing. render a \ PZ-22-14439 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance. or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): 17 PLAZA LLC 1825 and 1819 Biscayne Blvd, 327 and 331 NE 18 St, 1820, 1824, 1840, 1844 NE 4 Ave, Miami, Florida 1 Martin Ferreira de Melo (please check one of the following): [ ] homestead properties. Email: , hereby certify that all the addresses listed on this application are [ XX ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the landjtf� Signature of the Property Owner } State of Florida } County of Miami -Dade C2-4A Date Sworn to and subscribed before me by means of r� physical presence OR online notarization this 2 d day of_ JU-1 20 2- . by 1-,k(A ffkA. g c.A-' Personaily known ( ) or Produced Identification ( ) Type o Identification produced (SEAL) T. —A, fiNra► 1. — d SARA PAOLA OQUENO Notary Dublic - State of iorida • K Commission ; HH 206553 My Comm. expires Dec 22, 2025 5onced through National Notary Assn. Page 1 of 1 SURVEYOR'S AFFIDAVIT: LEGEND / PFMREVIATIONSi SYMBOLS: -rp CERTIFIED TO: :417r,l_rvn'orm,nr ;iu;i'FVFJON, _ . .L FLOOD INFORMATION: 4,151555„ „41 'I SG. .dTREET EE. —7 F „ ----- MAP OF BOUNDARY & TOPOGRAPHIC SURVEY 0 LEGAL DESCRIPTION: A PORTION OF SECTION 31. TOWNSHIP 538., RANGE. 42E. CITY OF MIAMI, MIAMI-DAOE COUNTY, FLORIDA 1,0 GRAPHIC SCALE BISCAYNE BOULEVARD / STATE ROAD No. 5 13.EILLYSTREEr MLA, Digitally signed by Santiago Dominguez Date: 2023.07.27 11:45:19 -0400' ,11.1111/,: BnUNDAFOIS,D,,,,I1C. BOUNDARY SURVEY 17 PLAZA (0) SURVEYOR, CERTIFICATE surni Eta SULA SURVEAX CCP, SOUTH PENINSULA SURVEYING, CORP. LP X 758S LAND DEVELOPMENT CONSULTANT,' SURVEYORS - PLANNERS C.ONSTRUCTION LAYOUT 1825 Biscayne Blvd o Write a description for your map. 4 ... . f �P yy� n• ©2�J2J rJaojle .0 rero�. PZ-22-14439 01/16/24 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 1825 Biscayne Blvd Write a description for your map. ©2rJ2I; Google. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT V .7.` : II1:1 ;11 Ir. :41".• ' . , , • — ••••,.... , , .r.I. , , -.1 , .. r i %...-. - Yli . .1 •,,,.-A-,---- .., li PZ-22-14439 01/16/24 7T,t, LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01 °40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01°40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87°48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR. THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01°40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE N. 87°48'20" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S. 01°40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR. (M) MDCR P.B. PG. P.O.B. (R) R/W (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: 07-26-2023 AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION SHALL BEAR ORIGINAL SIGNATURE AND THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. 50.00' 50.00' THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT N.E. 1 9 t h STREET HAVANA AVENUE P( LATL ._ N87"48'20"E 260.23' R 260.00'41A1 N87° 48' 20"E 260. 3' ( ); 260.09' (M) SOUTH R48/ LINE OF 70' RIGHT-OF-WAY o N.E. 19th STREET N IF' A mI I5 N87° 48' 20"E 65.22' 1 _ N07. 48' 20"E 105.0LEL 30.00 8. LOT 1, BLOCKG P.B.5, PG.4 'CR N.E. CORNER T/.CORNER LOT 2 BLOCK 6 LOOT 2, BLOCK N87° 48' 20"E 105.00' 80.22 70' RIGHT-OF-WAY N.E. 1 8 t h STREET N87" 48' 40"E 260.22' ) N87948'40 t I� of 90 00' 0 00' P.O B. ORC LOT m. PILc ITI SOUTH PENINSULA SURVEYING, CO Digitally signed by Santiago Dominguez Date: 2023.07.27 11:44:49-04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No. 6698 STATE OF FLORIDA. RP. 30.001 1 z R KG L DATE: 07-26-2023 SCALE: 1" = 80' JOB ORDER: 237849 CADD: 17 PLAZA-TPLAT.dwg DRAWN BY: A.D. F.B./ PG.: N/A FILE NO.: A-1412 SHEET: 1 OF 1 SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that Fees must be paidpromptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U,) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C,), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered roust be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a co -r I-tter in•'Catiyng the subject matter, application number and hearing date. Iris Escarra, Esquire Applicant(s) Name Printed Appl t(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this / ` day of %741+- 2023 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is fii eta rsonally known to me or 0 who has produced as identification and who 0 did ❑did not take an oath. (Stamp) MARISOL R0i1RIGUFI Notary Public Slate of Florida Commission # H11 342609 My Cumin. Expires Det 19, 1026 Signature Rev. 04-16-2019 Note: Annual Registration Expires on 12/31/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. tinrportant: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Escarra, Iris (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES NO Business Phone: 305-579-0737 Email: escarrai@gtlaw.com (vou must check YES or NO) Business Address (include Zip Code): 333 SE 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: 17 Plaza LLC (3) (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 425 NE 22nd Street, Suite 301, Miami, FL 33137 IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable vou must type or print "None" or "N/A". Please see Ownership disclosure attached hereto. (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach Opai:.te slprgt if needed. If you are using this form for your Annual Registration, please write "Annual Regi3c4tiq ' an the year that you are registering for (ex: Annual Registration 2023). 3 = P1 Zoning Entitlements IDS rrio Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 12/2022) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". None o rN Ca A e) r1 � o • , , 1 ( ) � _- Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525Eti ,, plus S1000 for each principal represented for each issue lobbied on behalf of any one principal. Each issue assgttedlith lAbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's desit', slTdll riPet any registration statement that does not provide a clear description of the specific issue on which suclobbist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annul registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and corre hand I hay cad or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 throug of the 1 City Code, as amended. STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of of April 2023 by (Month) n (Year) Signature of Notary Public Signa e o Lob is physical presence or online notarization, this l day iris Eatr - Personally Known: v OR Produced Identification: (Name of person making statement) Qolao Type of Identification Produced. Name of Notary Typed, Printed or Stamped (NOTARY SEAL) JANET ROSILLO Notary Public - State of Florida Commission # HH 140357 My Comm. Expires Jun 10, 2025 FOR OFFICE USE ONLY: Check If Receipt It CM-LRF (Rev. 12/2022) Page 2of2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT OWNERSHIP DISCLOSURE 17 PLAZA, LLC The following individuals own at least five percent (5%) of 17 Plaza LLC: • Carlos F. Melo • Martin F. Melo THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared 17 Plaza LLC who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her 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 foregoing petition, IJJncluding or 0 not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: 17 Plaza LLC, 425 NE 22 ST STE 301 MIAMI, FL 33137 Further Affiant sayeth not. Applicant(s) Name Printed Apph t( Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was cknowledged before me this day of Al ( f 20 2.„ , by _ CI Lt+ 1° F= ..,( ei lx) - who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is 1 p rsonally known to me or 0 who has produced as identification and who 0 did 0 did not take an oath. SABA?AO State of Florida mete./�4Gllt 206S53 OCIPESDO .a (Stamp) a : �; �. Fscr` 17., 2025 } galtd LYwiAu9n R MY L7srM' `wa• U� •'40t'fy Assn, 04 r /4 X- vSignat�(re THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip' Contact Information: Home Phone Number CeII Phone Number. Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: 17 Plaza LLC Address Line 2: 425 NE 22 ST STE 301 MIAMI, FL 33137 Doc. No.:86543 Page 1 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of street closure application to vacate alley located at 1825 Biscayne Blvd, Miami, Florida Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? n/a If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: n/a • Phone Number of Person/Entity: n/a ■ Address of Person/Entity: n/a 2. Please describe the nature of the consideration n/a 3. Describe what is being requested in exchange for the consideration. n/a Doc. No.:86543 Page 2 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1 the application or order, as applicable, shall be deemed void without further force or effect; and no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name Signature Sworn to and subscribed befo e fhis 4 day of Alef The foregoing instrument was acknowledged before me by Lf (-31 who has produced , 2002 : as identification and/or is personal l nown t• e and who did/did not take an oath. STATEOF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: 7,7 SARA PAOLA OQU=`.70 " votary Public - State of Florida ?[ ." Commission = HH 2065:2 y My Comm. Expires Dec 22. 2025 r.r,'eo through National votary Assn. NOV:..mr +or Doc. No.:86543 Page 3 of 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) 17 PLAZA LLC Percentage of Ownership Martin F. Melo 50% and Carlos F. Melo 50% Subject Property Address(es) 1825 Biscayne Blvd List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): n/a Legal Description(s): n/a C{1/49.Los MEN--O Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this L day of .A 20 2/5 , by CIO/(a) C (WeA who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or ❑ who has produced as identification and who 0 did 0 did not take an oath. Signature Tv � .�1e;U?lt400ft1r3t,untld1 lit. CamilN06 Sr;;ec hroughHalinna THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT WRITTEN CONSENT OF 17 PLAZA LLC A Florida Limited Liability Company The undersigned, being the p,rrt t i of 17 PLAZA LLC, a Florida limited liability company ("Company"), does hereb dopt the following Written Consent Resolution as the action of the Company, adopted at a formal meeting of the Members and the Managers of the Company: WHEREAS, the undersigned Carlos Ferreira de Melo, believes it is in the best interest of the Company to submit an application to the City of Miami seeking approval of the subdivision of land in accordance with Florida Statutes Chapter 177, Miami Dade County Ordinances Chapter 28 and City of Miami Code of Ordinances Chapters 54 and 55, as amended; WHEREAS, Company seeks to submit to the local governing agencies a Tentative Plat and Final Plat to be known as SEVENTEEN PLAZA, along with any other legal instruments as may be needed in order to complete the SEVENTEEN PLAZA subdivision; NOW, THEREFORE, it is RESOLVED, that Martin Ferreira de Melo, as Manager of the Company, has been authorized, empowered and directed to do or cause to be done all such acts, actions and things that may be necessary, desired or appropriate in connection therewith, incidental thereto or in furtherance thereof, for the purpose of executing and delivering in the name of and on behalf of the Company any and all necessary documents for the processing of the Tentative Plat and Final Plat for SEVENTEEN PLAZA. RESOLVED, that Company in compliance with Florida Statutes 177.081, entitled "Dedication and approval" hereby grants the undersigned the authority to execute any and all necessary documents required by the local governing agencies, including but not limited to the authority to execute any documents conveying fee simple title, applications, easements, covenants. RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolution in the name and on behalf of the Company by Martin Ferreira de Melo, as Manager of the Company, be, and are hereby authorized and empowered to be, deemed conclusive proof of the approval thereof by the undersigned; and RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of this resolution be and they hereby are, approved, ratified and confirmed in all respects. IN WITNESS WHEREOF, the Undersigned have executed this Written Consent in order to give their consent thereto effective as of the I 0 day of k& rr k , 2021. 17 Plaza LLC, a Florida limited `• • ility company By: Name: Carla Ferreira de Melo Title: Manager ACTIVE 19647492v1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Written Consent 17 Plaza, LLC Page 2 STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged bcl"care me by means of [ hysical presence or [ ] online notarization, this 1 t7 day of ) 01,rt ik . 2021 by Carlos Ferreira de Melo as Director of Cardinal Plaza Corp., a Florida corporation, on behalf of the corporation. He/she/they is/are persunaknow, tlo me or produced as identification and did not take an oath. [NOTARIAL SEAL] stin"tiw SARAOQUENDO r - Notary Public -State of Florida Commission 11 GG 138961 My Comm. Expires Dec 22, 2021 Borded through t oral M1otzry Assn, ACTIVE 19647492v1 Notary: " 4/b Print Name: r , O arc. NOTARY PUBLIC, S'l A l OF My commission expires THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT itj of DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY tame 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): 17 PLAZA LLC 1825 and 1819 Biscayne Blvd, 327 and 331 NE 18 St, 1820, 1824, 1840, 1844 NE 4 Ave, Miami, Florida Address/ City / State / Zip: 1848 NE 4 Avenue Phone No: (305) 438-1290 Email: meloarchitecture@gmail.com Martin Ferreira de Melo (please check one of the following): [ ] homestead properties. hereby certify that all the addresses listed on this application are [ XX ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. I h Signature of the Property Owner Date } State of Florida } County of Miami -Dade Sworn to and subscribed before me by means of d"physical presence OR online notarization this 2 '1 day of_ _ JU- 20 Z- by !•-&( f' F Personally known ( ) or Produced Identification ( ) Type of Identi pcation produced (SEAL) r w 1.. — SARAPAOLAOQUENO Notary Dublic - State of iorida Commission ; HH 206553 Y '�` My Comm. Expires Dec 22, 2025 5onced through National Notary Assn. Page 1 of 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-051-0010 Property Address: 1825 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 TR A LESS S105FT LOT SIZE 17813 SQ FT Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL Folio Number: 01-3231-051-0010 Property Address: 1825 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 TR A LESS S 105FT LOT SIZE 17813 SQ FT Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. 01 /31 /2024 Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-051-0010 Property Address: 1825 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 TR A LESS S105FT LOT SIZE 17813 SQ FT Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-051-0010 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0460 Property Address: 327 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 12 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 55.000 X 105 OR 13960-425 0189 1 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0460 Property Address: 327 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 12 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 55.000 X 105 OR 13960-425 0189 1 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0460 Property Address: 327 NE 18 ST Legal Description: MIRAIVIAR PB 5-4 LOT 12 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 55.000 X 105 OR 13960-425 0189 1 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-003-0460 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0450 Property Address: 331 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 11 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 55.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0450 Property Address: 331 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 11 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 55.000 X 105 OR 13892-676 1188 2 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0450 Property Address: 331 NE 18 ST Legal Description: MIRAIVIAR PB 5-4 LOT 11 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 55.000 X 105 OR 13892-676 1188 2 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-003-0450 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0440 Property Address: 1820 NE 4 AV Legal Description: MIRAMAR PB 5-4 S45FT OF LOT 10 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 45.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL Folio Number: 01-3231-003-0440 Property Address: 1820 NE 4 AV 01 /31 /2024 Legal Description: MIRAMAR PB 5-4 S45FT OF LOT 10 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 45.000 X 105 OR 13892-676 1188 2 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL Folio Number: 01-3231-003-0440 Property Address: 1820 NE 4 AV 01 /31 /2024 Legal Description: MIRAIVIAR PB 5-4 S45FT OF LOT 10 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 45.000 X 105 OR 13892-676 1188 2 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-003-0440 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0400 Property Address: 1824 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 7 & N8FT OF LOT 10 BLK 6 & PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 61.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0400 Property Address: 1824 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 7 & N8FT OF LOT 10 BLK 6 & PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 61.000 X 105 OR 13892-676 1188 2 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL Folio Number: 01-3231-003-0400 Property Address: 1824 NE 4 AV 01 /31 /2024 Legal Description: MIRAIVIAR PB 5-4 LOT 7 & N8FT OF LOT 10 BLK 6 & PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 61.000 X 105 OR 13892-676 1188 2 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-003-0400 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0390 Property Address: 1840 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 6 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0390 Property Address: 1840 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 6 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 105 OR 13892-676 1188 2 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0390 Property Address: 1840 NE 4 AV Legal Description: MIRAIVIAR PB 5-4 LOT 6 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 105 OR 13892-676 1188 2 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-003-0390 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0370 Property Address: 1844 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 2 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 105 OR 14329-1915 1189 1 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL Folio Number: 01-3231-003-0370 Property Address: 1844 NE 4 AV 01 /31 /2024 Legal Description: MIRAMAR PB 5-4 LOT 2 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 105 OR 14329-1915 1189 1 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL 01 /31 /2024 Folio Number: 01-3231-003-0370 Property Address: 1844 NE 4 AV Legal Description: MIRAIVIAR PB 5-4 LOT 2 BLK 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 105 OR 14329-1915 1189 1 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-003-0370 NO OPEN VIOLATIONS FOUND. Page 5 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-051-0011 Property Address: 1819 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 S105FT OF TR A LOT SIZE 7445 SQ FT FAU 01-3231-051-0010 OR 18267-3806 0898 4 COC 22691-3482 09 2004 6 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT City of Miami Greenberg Traurig FL Folio Number: 01-3231-051-0011 Property Address: 1819 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 S 105FT OF TR A LOT SIZE 7445 SQ FT FAU 01-3231-051-0010 OR 18267-3806 0898 4 COC 22691-3482 09 2004 6 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. 01 /31 /2024 Page 3 of 5 City of Miami Greenberg Traurig FL THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 01 /31 /2024 Folio Number: 01-3231-051-0011 Property Address: 1819 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 S 105FT OF TR A LOT SIZE 7445 SQ FT FAU 01-3231-051-0010 OR 18267-3806 0898 4 COC 22691-3482 09 2004 6 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Violations Detail Report Folio Number: 01-3231-051-0011 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Department of Finance Online Payments Receipt Your Reference Number: 2023318001-134 11/14/2023 10:57:48 AM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2023318001-134-1 $1,545.00 TRANS ID: 1030475 BUSINESS NAME: COM Lien Search $295.00 FEE NAME: COVENANT REVIEW -PLANNING Lien Search $1,250.00 FEE NAME: OTHER APPLICATION REQUIRING CITY COMMISSION R EVIEW ONLY PAYMENT Visa Credit Sale CARD NUMBER: ****"*"*"8720 FIRST NAME: Edwin LAST NAME: Monserratte II II II CE2023318001- 34 III 111 TOTAL AMOUNT: $1,545.00 III $1,545.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Call of mini BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1030475 Transaction Date: Nov 14 2023 9:51 AM Permit Number: PZ2214439 FEE SUMMARY THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Iris Escarra 333 SE 2nd Avenue (305)579-0737 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-341 COVENANT REVIEW -PLANNING 0.0000 N/A $295.00 PLANNING MS-429 OTHER APPLICATION REQUIRING CITY COMMISSION REVIEW ONLY 0.0000 N/A $1,250.00 Tota I : $1,545.00 Rev. Jul/02/2012 Generated on Nov/14/2023 9:51 AM City of Miami Planning Deparhncnt & Office of Zoning httpl/www.mialrigov.com/plannin httpl/wwwmian ov.com'zonin E-rmi eplanpzedmmiamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 SUBSTITUTED Special Appearance Application SUBMITTER INFORMATI First Name: Iris Last Name: Escanra Email: escarrai@gtlaw.com PRIMARY APPLICANT INFORMATIO First Name: Iris Last Name: Escarra Corporation: GreenbergTrauig Address: 333 SE2ndAvenue City: Miami State: Florida Tip: 3313 Email: escarrai@gtlaw.com Phone: (305) 579-0737 1 PRIMARY OWNER INFORMATION tint Name: Last Name: Corporation: 17 Plaza LLC Address: 425 NE22 Street City: Miami State: Florida Tip: 33137 Email: escarrai@gtlaw.com Phone: (305) .8-1290 Project Name: 1825 Biscayne Blvd Project Address: 1825 BISCAYN :LVD City: Miami Master Folio Number: 0132310511,10 ROJECT INFORMATION Unit Number: State: Florida Tip: (This submittal needs to teach.] in ccardance with tlmeMes Miami Code. The applicztle rervew the information at ih recommend. 33132 for a public bearing forth in the City of sion-rnaking body. ubnc bearing to render a r a final decision. -14439 1/16/24 1 That under the penalty ofpetjuuy, I declare that all the information contained in this permit application is accurate to the best of my knowled • That NO work or installation will comrence prior to the issuance of a building permit and that all work will be perfonred to meet the regulating construction and zoning in this jurisdiction • I will, in all respects, perform work in accordance with the scopc of the pemit, the City of Miami's codes and all other applicable laws ordinances. • That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating construction and • That separate peen its maybe required unless specifically covered with the submittal of this application. • That there may be additional pemits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refirdable First Nacre: Signature: Last Fast Iris Nan: Escarra Name: Date: Date: 7/24/23 17 Plaza t Signature: 1 1 By: Marti • erreira e e10 Li)2o23 This submittal. needs to be sch In accordance with hmell Miami Code. The applies renew the In-lamaaon • ed for a public hearing set forth in the City of eusion-rnaking bodywill e public hearing to render a n or a final decision. SUBSTITUTED SUBSTITUTED Please return this instrument after recording to: Office of Zoning City of Miami 444 SW 2nd Avenue 4th Floor Miami, Florida 33130 Folio No: : 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231 3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-046 RELEASE OF UNITY OF TITLE This submittal needs to be schedu in accordance whh bmellnes Miami Code. The applicalle review the Information all recommendan 3-0400, 01- r a public hearing orth in the City of sion-makIng body will ubkc hearing to render a r a final decision. -14439 WHEREAS, 17 Plaza LLC, a Florida limited liability ompany, ("Owner") owns the property(ies) ("Property") legally described as: 1825 Biscayne Blvd, 1820 NE 4 Avenue, 1: 4 NE 4 Avenue, 1840 NE 4 Avenue, 1844 NE 4 Avenue, 331 NE 18 Street, 327 O E 18 Street and 1819 Biscayne Blvd. See attached Exhibit "A" WHEREAS, on December 16, 1992, the r for owner of the Property entered into a Unity of Title ("Unity") in favor of the City of Miam `City") pertaining to use of said Property, which was recorded on December 29, 1992 in Off ial Records Book 15761 page 2910 of the Public Records of Miami -Dade County, Florida; . d WHEREAS, such Unity decl.. -d that the Property shall be considered as one plot and parcel of land, as described therein; , d and WHEREAS, the Prope ►, Owner has requested that the Unity be canceled and released; WHEREAS, is h een determined that the Unity is no longer necessary to preserve and protect the Property fo e purposes therein intended; and WHEREA , the City is willing to cancel and release the Unity; NOW EREFORE, the City hereby releases and cancels the Unity of Title described above. [Signature Page(s) to Follow] Folio No: : 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 IN WTNESS WHEREOF, Signed, witnessed, executed and acknowledged th of October , 2023, 17 Plaza, LLC, a Florida limited liability company By: Martin Ferreira de Melo, as Man. _er (TWO WITNESSES FOR EACH PERSON SIGNING). Witnesses: Print -Name: Address: . e Print Name: (= c vve _ d-a Address: ► soo !'t }• sc,v- i I STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Thls submittal needs to be schedule In accordance with Idmei n. s Mien Cede.. The applifade d review the Information at the recommentlatlo The foregoing instr ent was acknowledged before me by means of ' physical prese ce QR on ' e notarization, this '7ta day of 0 CA-- . 20 "2- by i U v �"1 ✓1 F ► 1 as kw of 17 Plaza LLC, a Florida limit • liability company. Personally Known -" v- or Produced Identification . Type of Ide fication Produced SARA PAOLA OQUENDO Notary Du:lic State of Florida Commission # HH 206553 My Comm. Expires Dec 22, 2025 3orced throt.gh National'totary Assn. Print di Stamp me: �c.Ar { 'U j k•re,e1 Notary Public, tate of Florida / Commission No.: HH2O6553 My Commission Expires: 12/22/25 Page 2 of 3 r a public hearing rth in the City of on -making body wilt gc hearing to render a e final decivon. -14439 SUBSTITUTED Folio No: : 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 CITY OF MIAMI: APPROVED AS TO LEGAL FORM APPROVED: AND CORRECTNESS: VICTORIA MENDEZ DANIEL S. GOLDBE City Attorney Zoning Administrato APPROVED: APPROVED: LAKISHA HULL, AICP, LEED AP BD+C Director of Planning APPROVED: JUVENAL SANTANA, P.E., CFM Director Department of Public Works LU ' TORRES III B , ding Official Page 3 of 3 Thls submittal needs to be ache in accordance whh bmelln Miami Cede. The appliczd review the information at recommend g bra public hearing forth in the City of ision-malling body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 SUBSTITUTED SUBSTITUTED LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01°40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 0 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01 °40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87'48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR, THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01 °40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTI IWEST CORNER OF SAID LOT 2; THENCE N. 87°49'0" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE 5. 01 °40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR (M) MDCR P.B, PG. POB, (R) RAN (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEE SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESC BOUNDARY SURVEY. DATE: 07.26-2023 AUTHENTIC COPIES OF SHALL, BEAR ORIGIN ATTESTING PROFE TION DOES NOT CONSTITUTE A 5 SKETCH AND LEGAL DESCRIPTION SIGNATURE AND THE RAISED SEAL OF THE IONAL SURVEYOR AND MAPPER. Z 4 0 C ce 4 } 0 Thls submittal needs to beach in accordance with Id mall Miami Dade. The appli°a rewewtheco �nn e N.E. 1 9 t h ST R HAVANA AVENUE (PLATL — - 4i--- - " 1M1P 1, P�'1e xn. lir.01. —)— NnP•+k•.-. ''''1 Y. a0a2Bi R11 16... I bsxlP,lM4WilMc EII I II.10 RKiHS.[II'-M'Rv xarw,csr,ce= Al ryn 2':D'E �,.,7- I Nel•40. 20-E SA soon• 1C i.r'%,_4 LOT 1, BLS• 01 N W l aw LOT 2, BLOC T �4 mrgn'hY.+ N. E. 19 i h STREET efrAirE SOUTH PENINSULA SURVEYING, CORP. Digitally signed by Santiago Dominguez Date: 2023.10.19 16:26:42 -04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No, 6698 STATE OF FLORIDA. lee bra public hearing set torah in the City of decision -making body veil e pubec hearing to render a on or afinaldeciel on. DATE: 07- •-2023 SCALE: = 80 JOB •-' DER: 237849 CA 17 PLAZA-TPLAT.dwg DAWN BY: A.D. .B./ PG.: N/A FILE NO.: A-1412 SHEET: 1 OF 1 SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM ISUBSTITUTED Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 4th Floor Miami, FL 33130-1910 This submittal needs to be ache in accordance whh bmelln Miami Cede. The appliczd review the informaton at nacommend Folio Nos: 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-040i, 01-3231-003- 0390, 01-3231-003-0370,01-3231-003-0450 and 01-3231-003-0460 d bra public hearing forth in the City of ision-malling body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 (Space Abov- . or Recorder's Use Only) RELEASE OF RESTRICTIVE COVENANT RUNNIN ITH THE LAND WHEREAS, on April 20, 1992, MIAMI CHINESE LTD., a Florida limited partnership, the then owner of the ("Property") entered into a Restrictive Covenant Runni favor of the City of Miami ("City") pertaining to use recorded on April 20, 1992 in Official Records Bo Records of Miami -Dade County, Florida; MMUNITY CENTER, eal property described below With the Land ("Covenant") in said Property, which was 15481 Page 0602 of the Public WHEREAS, the Covenant was requi d in connection with a Variance approval under Zoning Ordinance 9500; and WHEREAS, 17 Plaza LLC, a . orida limited liability company ("Owner(s)") owns the Property, which is legally ' -scribed as: See attached Exhibit A 1825 Biscayne Blvd, 1820 N. 4 Avenue, 1824 NE 4 Avenue, 1840 NE 4 Avenue, 1844 NE 4 Avenue, 331 NE 18 eet, 327 NE 18 Street and 1819 Biscayne Blvd. WHEREAS, th wner(s) of the Property has requested that the Covenant be canceled and release•, and WHERE, , the need for the Covenant is no longer in existence, and the City is willing to can and release the Covenant; and NOW TH" FORE, the City hereby releases and cancels the Covenant described above, as to an interest whatsoever that the City has in the Covenant. This release of Restrictive Cover .nt ("Release") may be executed in any number of counterparts, each of which so exe, . ted shall be deemed to be an original, and such counterparts shall together c► stitute but one and the same Release. The parties shall be entitled to sign and transmit n electronic signature of this Release (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 therein. Any party providing an electronic signature agrees to promptly deliver to the other parties an original signed Release upon request. [SIGNATURES FOLLOW ON NEXT PAGE(S)] Page 2 of 4 This submittal needs to be ache in accordance whh Id maim Mlemi Cede. The appliczd review the information at recommend d bra public hearing forth in the City of ision-making body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 SUBSTITUTED Release of Restrictive Covenant Running with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 In witness whereof the undersigned has caused his hand and seal to be affix hereto on this October 26 -auy of 20 23. 17 PLAZA, LLC, a Florida limited liability company By: STATE OF FLORIDA COUNTY OF MIAMI-DADE) Martin Ferreira de Melo, a anager This submittal needs to be schebu in accordance with timeliness Miami Cede.. The applica d review the information atth recommendatlo The foregoing instrument was acknowledgebefore me by means of physical presence OR online notarization, this ' (2day of G' - by 1stu? 1h ' ��� pitas PailzA of 17 PLAZA, LLC, a Florida limited liability company. Personally Known or Produced Identification Type of Identification Produced CITY OF IAMI: APP • VED: OF CE OF ZONING L Pr' t or stamp Nine: Sara Paola Oquendo otary Public, S of Florida Commission No.: HH206553 My Commission Expires: 12-22-25 SARA ?AOLA OQUENDO Notary - State of r!orida Commission ; PH 20E553 my Comm, Expires Dec 22, 2025 Bonoeo throLQh `lotion& .Notari Assn. Page 3 of 4 r a public hearing orth in the City of ion -making bcdywilt Mc hearing to render a a final deciaon. -14439 SUBSTITUTED Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 Daniel S. Goldberg, Esq. Zoning Administrator APPROVED: Luis Tones III Building Official Lakisha Hull Planning Director Juvenal Santana Director of the Department of Resilience and Publiorks APPROVED AS TO FORM AND CORR' TNESS: OFFICE OF THE CITY ATTORNEY Victoria Mendez, Esq. City Attorney Page 4 of 4 This submittal needs to be ache in accordance whh Id maim Mlemi Cede. The appliczd review the intonation at recommend g bra public hearing forth in the City of ision-making body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 SUBSTITUTED SUBSTITUTED LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01°40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 0 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01 °40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87'48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR, THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01 °40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTI IWEST CORNER OF SAID LOT 2; THENCE N. 87°49' C" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE 5. 01 °40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR (M) MDCR P.B, PG. POB, (R) RAN (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = so' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRI BOUNDARY SURVEY. DATE: 07.26-2023 AUTHENTIC COPIES OF T S1<ETCFH AND LEGAL DESCRIPTION SHALL, BEAR ORIGINAL GNATURE AND THE RAISED SEAL OF THE ATTESTING PROFES .. NAL SURVEYOR AND MAPPER. ION DOES NOT CONSTITUTE A DATE: 07-2 F ' 023 SCALE: 1" 80' JOB O R: 237849 CAD P 17 PLAZA-TPLAT.dwg DR ' N BY: A.D. F =./ PG.: N/A ILE NO.: A-1412 SHEET: 1 OF 1 N Z a 0 N. E. 1 9 t h S T R HAVANA AVENUE (— — NM —) — raTr.k• :Of We.T. Y . :21%. IMI 16... IbsxlP,l M4W ilMc EIIII 10 RKiHS.[II'-M'Rv xarw,csr,ce= 'A1 I Ih n H':D'E �,•,7- I NBP•40'i0-E ISO LOT 1, BLOC 01 T �4 P� mrgn'�hY.+ N.E. 1 8 t h STREET ThIssubmittal needs to be sche Mleaccordance wH, b ime in rni Code.. The @policed reviewthe In o rman at recommend SOUTH PENINSULA SURVEYING, CORP. Digitally signed by Santiago Dominguez Date: 2023.10.19 16:26:42 -04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No, 6698 STATE OF FLORIDA. e bra public hearing forth in the City of -making body will public hearing to render a or a final decision. 2-14439 i SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM I SUBSTITUTED I Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 4th Floor Miami, FL 33130-1910 This submittal needs to be ache in accordance whh bmelln Miami Cede. The appliczd review the informaton at nacommend Folio Nos: 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-040i, 01-3231-003- 0390, 01-3231-003-0370,01-3231-003-0450 and 01-3231-003-0460 d bra public hearing forth in the City of ision-malling body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 (Space Abov- or Recorder's Use Only) RELEASE OF RESTRICTIVE COVENANT RUNNIN ITH THE LAND WHEREAS, on December 14, 1992, MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership, the t - owner of the real property described below ("Property") entered into a Restrictive ovenant Running With the Land ("Covenant") in favor of the City of Miami ("City" pertaining to use of said Property, which was recorded on December 29, 1992 in Offi ► al Records Book 15761 Page 2913 of the Public Records of Miami -Dade County, Florif ., WHEREAS, the Covenant was req ed in connection with a Variance approval under Zoning Ordinance 9500; and WHEREAS, 17 Plaza LLC, Florida limited liability company ("Owner(s)") owns the Property, which is legally ' scribed as: See attached Exhibit A 1825 Biscayne Blvd, 1820 N4 Avenue, 1824 NE 4 Avenue, 1840 NE 4 Avenue, 1844 NE 4 Avenue, 331 NE 18 eet, 327 NE 18 Street and 1819 Biscayne Blvd. WHEREAS, t Owner(s) of the Property has requested that the Covenant be canceled and release•, and WHERE ' , the need for the Covenant is no longer in existence, and the City is willing to can and release the Covenant; and NOW TH" FORE, the City hereby releases and cancels the Covenant described above, as to an interest whatsoever that the City has in the Covenant. This release of Restrictive Cover . nt ("Release") may be executed in any number of counterparts, each of which so exe, ted shall be deemed to be an original, and such counterparts shall together c► stitute but one and the same Release. The parties shall be entitled to sign and transmit n electronic signature of this Release (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 therein. Any party providing an electronic signature agrees to promptly deliver to the other parties an original signed Release upon request. [SIGNATURES FOLLOW ON NEXT PAGE(S)] Page 2 of 4 This submittal needs to be ache in accordance whh Id maim Mlemi Cede. The appliczd review the information at recommend d bra public hearing forth in the City of ision-making body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 SUBSTITUTED Release of Restrictive Covenant Running with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 In witness whereof the undersigned has caused his hand and seal to be affix hereto on this october 2aay of 20 23. 17 PLAZA, LLC, a Florida limited liability company By: STATE OF FLORIDA COUNTY OF MIAMI-DADE) Martin Ferreira de Melo, - . Manager Thls submittal needs to be sche in accordance with timelln Mlami Code.. The @policed review the Information at recommend The foregoing instrument was acknowled , : before me by means of physical preserice OR online notarization, thi ...26 day of 0C . 202 , by atilt, A 1 i1 . as OU v1 U of 17 PLAZA, LLC, a Florida limited liability company. Personally Known . or Produced Identification Type of Identification Produced SARA a ti q1, UQlt4 State of Ftorkm • C3rrtn�ss ;4 NH 206553 Cerra. QUENDa Sarre;. hrnr• Ires Der 22, 2025 .'�',r�'lrnrr�,-ems CITY OMIAMI AP OVED: O' ICE OF ZONING or Stamp Nine: {SO4" otary Public, State of Florida Commission No.: HH206553 My Commission Expires: 12/22/25 Page 3 of 4 vcn ti bra public hearing forth in the City of making bodywilt Mho hearing to render a or a finaldecivon. 2-14439 01 /1 6/24 SUBSTITUTED Release of Restrictive Covenant Rimning with the Land Folio No. 01-3231-051-0011, 01-3231-051-0010, 01-3231-003-0440, 01-3231-003-0400, 01-3231-003-0390, 01-3231-003-0370, 01-3231-003-0450 and 01-3231-003-0460 Daniel S. Goldberg, Esq. Zoning Administrator APPROVED: Luis Tones III Building Official Lakisha Hull Planning Director Juvenal Santana Director of the Department of Resilience and Publiorks APPROVED AS TO FORM AND CORR' TNESS: OFFICE OF THE CITY ATTORNEY Victoria Mendez, Esq. City Attorney Page 4 of 4 This submittal needs to be ache in accordance whh Id maim Mlemi Cede. The appliczd review the intonation at recommend g bra public hearing forth in the City of ision-making body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 SUBSTITUTED SUBSTITUTED LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01°40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 0 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01 °40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87'48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR, THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01 °40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTI IWEST CORNER OF SAID LOT 2; THENCE N. 87°49'0" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE 5. 01 °40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR (M) MDCR P.B, PG. POB, (R) RAN (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = so' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRI BOUNDARY SURVEY. DATE: 07.26-2023 AUTHENTIC COPIES OF T S1<ETCFH AND LEGAL DESCRIPTION SHALL, BEAR ORIGINAL GNATURE AND THE RAISED SEAL OF THE ATTESTING PROFES .. NAL SURVEYOR AND MAPPER. ION DOES NOT CONSTITUTE A DATE: 07-2 F ' 023 SCALE: 1" 80' JOB O R: 237849 CAD P 17 PLAZA-TPLAT.dwg DR ' N BY: A.D. F =./ PG.: N/A ILE NO.: A-1412 SHEET: 1 OF 1 Z a 0 N.E. 1 9 t h ST R HAVANA AVENUE (PLATL ---- - nl�e�i11. I I bsxlP,l M4W ilMc [ll 1 II. 10 R"414II'-WRv 16... Ih �I ry117" E �,.,7- 1B1. 40. 20-E S,o LOT 1, BLOC 01 T �4 n8 mrgn' hY.+ N.E. 1 8 t h STREET --_— =- -- Thls submittal needs to be ache accordance with Mlernth b i Code.. The @policed review the Informatlon al recommend SOUTH PENINSULA SURVEYING, CORP. C.;.1.11 Digitally signed by Santiago Dominguez Date: 2023.10.19 16:26:42 -04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No, 6698 STATE OF FLORIDA. e bra public hearing forth in the City of -making body wilt pubec hearing to render a or a finaltlecialon. 2-14439 i SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM PZD-0 PAP-1 PZD- 1 PZD-2 PZD-3 PZD-5 PZD-6 PZD-7 PZD-8 PZD-3 0 SUBSTITUTED INDEX Index Application Letter of Intent Copies of Recorded Deeds Legal Description Exhibit "A" List of Addresses and Folio numbers Copy of Declaration of Restrictive Covenant 15281, Page 0602 to be released. Copy of Declaration of Restrictive Covenant 15761, Page 2913 to be released. Copy of Unity of Title recorded on Decemb Page 2910 to be released. Disclosure of Affidavit of No Monies ACTIVE 53870384v1 recoded on This submittal needs to be ache in accordance whh Id maim Mlemi Cede. The appliczd review the intonation at recommend ri120, 1992, OR Book on D- -mber 29, 1992, in OR Book 9, 1992, in OR Book 15761, ue to City g bra public hearing forth in the City of ision-making body will public hearing to render a or a final decision. 2-14439 01 /1 6/24 GT GreenbergTraurig Via ePlan David Snow Interim Planning Director City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 SUBSTITUTED July 26, 2023 Updated October 17, 2023 Updated January 3, 2024 This submittal needs to be ache in accordance wbh id maim Kern Code. The applicatt review the information at recommend d bra public hearing forth in the City of ision-malling body will public hearing to render a or a final decision. 2-14439 01/16/24 Re: Special Appearance for Release of Declaratio ' of Restrictive Covenants and Unity of Title / 1819 and 1825 Biscayne Bou ard, 1820, 1824, 1840, and 1844 NE 4 Avenue, 327 and 331 NE 18 Street, 'i ami, Florida / PZ-22-14439 Dear Mr. Snow: On behalf of 17 Plaza LLC (the "Applican , owner of the properties located at 1819 and 1825 Biscayne Boulevard, 1820, 1824, 1840, an 844 NE 4 Avenue, 327 and 331 NE 18 Street, Miami, Florida (Folio Nos. 01-3231-051-001 01-3231-051-0010, 01-3231-003-0440, 01-3231- 003-0400, 01-3231-003-0390, 01-3231-00 -0370, and 01-3231-003-0450) (collectively, the "Property"), please accept this letter of ' ent in connection with the Applicant's request for a Special Appearance to release the follo ng recorded documents. 1. Declaration of Restrictive C enants encumbering a portion of the Property, recorded on April 20, 1992 in Official ' -cords Book 15481, Page 0602 of the Public Records of Miami - Dade County, Florida Covenant 1"). On November 27, 2023, the City of Miami's Release Review Com ► ittee recommended approval of the release of Covenant 1 under PZ- 23-17252. 2. Declaration of ' estrictive Covenants encumbering the Property, recorded on December 29, 1992 in • icial Records Book 15761, Page 2913 of the Public Records of Miami -Dade County, F ida ("Covenant 2"). On November 27, 2023, the City of Miami's Release Review ommittee recommended approval of the release of Covenant 2 under PZ-23- 17282 3. U, of Title encumbering the Property, recorded on December 29, 1992 in Official ecords Book 15761, Page 2910 of the Public Records of Miami -Dade County, Florida ("Unity of Title"). On November 27, 2023, the City of Miami's Release Review Committee recommended approval of the release of the Unity of Title under PZ-23-17283. Gro nberg Traurig, P.A. Attorneys at Law 3 Southeast Second Avenue I Suite 4400 I Miami, FL 33131 I T +1 305.579.0500 I F +1 305.579.0717ACTIVE 689086975v1 www.gtlaw.com Mr. David Snow 17 Plaza LLC Release of Declarations of Restrictive Covenants and Unity of Title Special Appearance PZ-22-14439 SUBSTITUTED I. Background On January 24, 1991, the Miami City Commission adopted Resolution approving a variance from Ordinance No. 9500, the then Zoning Ordinance for the development of the Chinatown Project at the Property. The 1991 Variance was lat Resolution No. 91-779 and Resolution No. 92-268 (together with Resolution No. Variance"), attached as composite Exhibit 1. In connection with the 1991 owner of the Property proffered and recorded Covenant 1, Covenant 2, and t 1991 Variance provided that if the then owner of the Property failed to bond, pay fees due, or obtain approval of a final building permit on or be 1991 Variance "shall expire." None of these conditions were met and never constructed. This submittal needs to be ache in accordance whh bmelln Miami Cede. The appkatt review the intorr/laioc at recommend d bra public hearing forth in the City of ision-malling body will public hearing to render a or a final decision. 2-14439 01/16/24 ty, for the amended by -92, the "1991 ariance, the then nity of Title. The st the $250,000 cash re August 30, 1992, the e Chinatown Project was Below please find a summary of the restrictions and re ase provisions provided in each of the recorded documents proposed to be released. 1. Covenant 1. Section 2 of Covenant 1 pro redevelopment of the Property "shall b until" various conditions are met incl fees, posting of a $250,000 cash b August 30, 1992. Section 6 of t released by a written instrum provided that said instrume hearing. is des that the Permits and plans for the eld in Escrow by the Building Official mg payment of all City and County impact d, and issuance of a building permit prior to Covenant provides that it may be amended or t executed by the then owners of the Property approved by the City Commission at a public 2. Covenant 2. This cove ant provides various restrictions requiring that at least 80 parking spaces (and cessary easements) be provided on the eastern portion of the Property to serve , - western portion of the Property. Section 6 of Covenant 2 also provides that th- owner shall not sell or convey the eastern portion of the Property separately fro ► the western portion of the Property until the Owner meets all the conditions s- s forth in the 1991 Variance. 3. Unity o itle. The Unity of Title mirrors Covenant 2 and provides that the Owner shall of sell or convey the eastern portion of the Property separately from the we •rn portion of the Property until the Owner meets all the conditions sets forth i . the 1991 Variance. Section 3 of the Unity of Title provides that it may be mended or released by a written instrument executed by the then owners of the Property provided that said instrument s approved by the City Commission at a public hearing. Gr -nberg Traurig. P.A. I Attorneys at LawACT1VE 689086975v1 2 Mr. David Snow 17 Plaza LLC Release of Declarations of Restrictive Covenants and Unity of Title Special Appearance PZ-22-14439 SUBSTITUTED Since the 1991 Variance expired and the Chinatown Project was never d Applicant kindly requests that Covenant 1, Covenant 2, and the Unity of Title be relea Property can be redeveloped with a Miami 21 compliant project. Should you have any please feel free to contact me. Thank you for your attention and favorable considerion of this matter. This submittal needs to be ache in accordance whh Id maim Mlami Cede. The appkatt review the information at recommend d bra public hearing forth in the City of ision-making body will public hearing to render a or a finaldeclaon. 2-14439 Sincerely, Iris V. Escarra Enclosures 01/16/24 Gr -nberg Traurig. P.A. I Attorneys at LawACT1VE 689086975v1 J-91-57(a) 1/24/91 SUBSTITUTED RESOLUTION NO. 91 -. 92 EX A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING REQUIREMENTS," AND ARTICLE 20 SECTION 2008, SUBSECTION 2008.9.2.1, SECTION 20 AND SECTION 2023, SUBSECTION 2023.4, TO THER::Y ALLOW THE CONSTRUCTION OF A 70,025 SQUARE :'OT COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO ( THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' SETBACK (10' REQUIRED); 0' SIDE STREET YA REQUIRED); 8' SIDE YARD (42.9' R 58%/31,639 SQUARE FEET OPEN SPACE (64% SQUARE FEET REQUIRED); 17%/9,200.43 SQU PEDESTRIAN OPEN SPACE (21%/11,474.6 REQUIRED); AND ELIMINATING THE REQ CLEARANCE AT THE INTERSECTION OF BISC AND NORTHEAST 18TH STREET FOR THE P AT 1801-1859 BISCAYNE BOULEVARD, ALSO DESCRIBED AS TRACT A, TEN 1380 - "CHINATOWN", AS PER PL NOVEMBER 7, 1990, SAID VARI LIMITATION UNTIL MARCH 2, 199 PERMIT MUST BE OBTAINED, AND THE FOLLOWING: (1) THE 8 INDICATED ON PLANS ON FILE MUST BE PROVIDED ON THE BA (THE NORTHEAST 4TH AVENU SPACES (AS PER PLANS 0 1990) MUST BE PROVID CERTIFICATE OF OCCUPANC TRACT A, WHEREBY THE SHALL NOT BE SOLD BOULEVARD PROPERTY, ISSUANCE OF A BUI THAT THE APPLICAN AT AN ALTERNAT APPLICABLE CITY THE APPLICANT S THAT THESE SP OF THE BLOCK; PLAN APPROV DEPARTMENT REQUEST F FOR PARK 'G HEARING PUBLIC APPLIC APPRO APPL TO TH OF FRONT (7.5' UIRED); 4,970.21 E FEET OF UARE FEET RED VISION NE BOULEVARD PERTY LOCATED FLORIDA, TIVE PLAT NO. ON FILE DATED E HAVING A TIME N WHICH A BUILDING B NG CONDITIONED UPON PARKING SPACES (AS TED NOVEMBER 7, 1990) PORTION OF THE BLOCK PROPERTY); (2) PARKING FILE DATED NOVEMBER 7, PRIOR TO ISSUANCE OF ; (3) A UNITY OF TITLE FOR RTHEAST 4TH AVENUE PROPERTY PARATELY FROM THE BISCAYNE MUST BE PROVIDED PRIOR TO ING PERMIT; (4) IN THE EVENT PROVIDES THE 80 PARKING SPACES LOCATION IN ACCORDANCE WITH CODE PROVISIONS AND REGULATIONS, L BE EXEMPT FROM THE REQUIREMENT ES BE PROVIDED ON THE BACK PORTION 5) SAID PLAN MUST RECEIVE LANDSCAPE BY THE PLANNING, BUILDING AND ZONING F THE CITY OF MIAMI, FLORIDA; (6) ANY CHANGES TO THE HEREIN -REFERENCED PLAN SPACES MUST BE PRESENTED AT A PUBLIC F THE ZONING BOARD, SAID REQUEST FOR EARING TO BE INITIATED AND PAID FOR BY THE T; AND (7) A COVENANT SUBJECT TO THE AL OF THE CITY ATTORNEY, WHEREBY THE CANT AGREES THAT THE PROPERTY WILL BE SUBJECT HE HEREIN LISTED CONDITIONS, MUST BE FILED IN PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID V.'IANCE BEING ALSO CONDITIONED UPON THE APPLICANT STING A PERFORMANCE BOND OR LETTER OF CREDIT IN HE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED. B' �q� aba AIdgNDED BY: m- PZ 22-1 01/1 CITY COMI+MISSION ME: TN OF j A N 24 1991 91- 92 RESOLUTION Ne. SUBSTITUTED WHEREAS, the Miami Zoning Board at its December 3, 1990, Item No. 2, duly adopted Resolution by a six to zero (6-0) vote granting a variance as here set forth; and WHEREAS, the Planning, Building and Zoning Department 'f the City of Miami has taken an appeal to the City Commission om the grant of the variance; and WHEREAS, the City Commission, after careful cons'.eration of this matter finds that there are peculiar circumstaes affecting this parcel of land and that practical d',ficulties and unnecessary hardships exist which would impair he owner's right to the reasonable use of the property wi' out the grant of variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THy COMMISSION OF THE CITY OF MIAMI, FLORIDA: TM-r PZ 22-1 �. 01/1 Section 1. The recitals a findings contained in the Preamble to this Resolution ar; hereby adopted by reference thereto and incorporated herei' as if fully set forth in this Section. Section 2. The . cision of the Zoning Board in this matter is affirmed and e request for a variance from Ordinance No. 9500, as amended, 'he Zoning Ordinance of the City of Miami, Florida, Schedule o' District Regulations, Page 4 of 6, "Minimum Open Space Req-rements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Sr tion 2013 and Section 2023, Subsection 2023.4, to thereby a • the construction of a 70,025 square foot commercial building; •roviding zero (0) of 316 required offstreet parking spaces; ero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' req red); 8' side yard (42.9' required); 58%/31,639 square feet op n space (64%/34,970.21 square feet required); 17%/9,200.43 uare feet of pedestrian open space (21%/11,474.6 square feet - 2 - 91- 92 SUBSTITUTED required); and eliminating the required vision cleara intersection of Biscayne Boulevard and Northeast 18th the property located at 1801-1859 Biscayne Boulevard, Florida, also described as Tract A, Tentative Plat No. 1 :0 "CHINATOWN", as per plans on file dated November 7, 19,0, is hereby granted, said variance having a time limitat .n until March 2, 1991 in which a building permit must be ob tined, and being conditioned upon the following: (1) the 80 p. king spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block (t - Northeast 4th Avenue property); (2) parking spaces (as per .,ans on file dated November 7, 1990) must be provided pr'.r to issuance of Certificate of Occupancy; (3) a Unity . Title for Tract A, whereby the Northeast 4th Avenue prope ty shall not be sold separately from the Biscayne Boulevard .roperty, must be provided prior to issuance of a building perm ; (4) in the event that the applicant provides the 80 parking .aces at an alternate location in accordance with applicabl City Code provisions and regulations, the applicant sha 1 be exempt from the requirement that these spaces be provide on the back portion of the block; (5) said plan must rece ve landscape plan approval by the Planning, Building and ning Department of the City of Miami, Florida; (6) any requ-_t for changes to the herein -referenced UI. "' d1t1° PZ 22- 01/ plan for parking spa s must be presented at a public hearing of the Zoning Board, s.id request for public hearing to be initiated and paid for by he applicant; and (7) a covenant, whereby the applicant agre=- that the property will be subject to the herein listed condi ons subject to the approval of the City Attorney, must be fil d in the Public Records of Dade County, Florida; said variance •eing also conditioned upon the applicant posting a perfor nce bond or letter of credit in the amount of $250,000.00 valid for a period of three years following the date of this Res ution to guarantee that the required parking will be p ovided and that the construction of the second phase of the applicants project will be commenced. - 3 92 uNcWrIrg Xing INA,. arin9 to render a Idension Section 3. SUBSTITUTED This Resolution immediately upon its adoption. ATT shall become PASSED AND ADOPTED this 24th day o HIRAI CITY CLERK PREPARED AND APPROVED BY: a_ )21 aelleL_, G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CRGE L. RNANDEZ CITY ATTOEY GMM/rma/lb/M1974 - 4 - XAVIER L. S AREZ. f OR 91- 92 ccs A. Quinn Jones, III, City Attorney Matty Hirai, 'city Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Ie" `' Guillermo E. Olmedillo, Deputy Direct P Y Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih • H. rEcornmemigon or .1 dec. PZ-22-1443 01/16/2 SUBSTITUTED 0 IL w SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Sergio Rodriguez Assistant City Manager FROM Irma M. Abella Assistant City Attorney DATE SUBJECT REFERENCES ENCLOSURES "Ns sulannlid needs.. Ile scheduled lor Cann The applIcni. decklOn-rn �PZe22-1� January 14, 19 Amendment to Chinat Resolution Nos. 91-9 9 4 ance and 91-77 As you well know, the Amendment to the ' inatown Variance granted by the City Commission on the above-r erenced matter at its meeting of October 24, 1991, was co ditioned upon the following: 1. That the City be provided ass ances that, by being placed in a position of mortga•-e with respect to both the Biscayne Boulevard Properand the Northeast 4th Avenue Property, the City i- guaranteed an equity in excess of $250,000; and 2. That the applicant prof -r a covena, in a form acceptable to the City Attorney, guaranteeing the occurrence of all of r conditions enumerated in Resolution No. 91-92, as amended by Resolution No. 91-779, upon which thi• Variance is contingent. To this date, we have t received either ,(a) assurances that the City is guaranteed .n equity in excess of $250,000 or (b) an executed covenant m=-ting the City Attorney's approval. Enclosed are copies of my 1 ters to Gary Brown, attorney for the applicant, dated October 3 , 1991 and December 13, 1991, and Mr. Brown's reply letters da ed November 5, 1991 and December 26, 1991. I wish to remind you that, pursuant to Section 2105.2 of Ordinance 11000, the pplicant has 180 days from the date this amendment to the Var ance was granted, that is until April 21, 1992, to pull a bu ding permit under Ordinance No. 9500. Any building permits p led after said date will have to comply with the provisions of •rdinance No. 11000. Sergio Rodriguez January 14, 1992 Page 2 SUBSTITUTED Please advise how you suggest we should proceed this matter. IMA/lb/P726 cc: A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City ttorney Gary Brown, Esquire Mr. Isaac Shih NOTI Mend Code The addlIcals d recommendleon ftdmidecson 14439 ISUBSTITUTED I A. QLINN IONES, III Ctty Attorney • itvr of iur i October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: Telec 'Ns suemlnel 'mean senesMee for rev. the Inforrnaton recoPZ-22 Dr. With regard to the Amen•,=nt to the Chinatown Variance granted by the City Commissio, at its meeting of October 24, 1991, said amendment was con. tioned upon the following: that the City Administration and e City Attorney's Office guarantee to the City Commission tha by being placed in a position of mortgagee with respect to oth the Biscayne Boulevard Property and the Northeast 4th Ave •e Property, the City is guaranteed an equity in excess of th 6250,000 which had originally been required in the form of performance bond or a letter of credit. We look to you to p ovide such assurances so that we may guarantee this to the •`ty Commission. It is also a c• dition of the variance that you provide us with an executed c-'enant, as per the terms stated in my letter to you dated Oct •er 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as -u know, was waived by the City Commission. OFFICE OF T CITY ATTORNEY/1103 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 Gary Brown, Esquire October 31, 1991 Page 2 ISUBSTITUTED If you have any quest,ons, do not hesitate to call me. Sincerely, • Irma M. Abella Assistant City Attorne IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Directo Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Adminis ator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City A • ney Joel E. Maxwell Chief Assistant City torney Mr. Isaac Shih lenrni Code The ea.. deci aoPZ_2o a, 0 headmglorna SUBSTITUTED A. QUINN (ONES, III City Attorney Chitg of',Miami' December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: By your letter of Novemb matter, of which I enclose a provide us with the pertinen insurance commitment within November 19, 1991. As of documents, nor, for tha reference to in my lette I also enclose a copy. Teleco n:a rec PZ-� 22-1 01/ 5, 1991 on the above -referenced py, you advised me that you would mortgagee estoppel letter and title wo weeks of said letter, that is, by his date, we have not received said matter, any of the documents made to you dated October 31, 1991, of which Please bear in ind that the Amendment to the variance granted by the City mmission at its meeting of October 24, 1991 OFFICE OF THE CI ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami. Honda 33131 Gary Brown, Esquire December 13, 1991 Page 2 I SUBSTITUTED It was conditioned upon our receipt of said documents. I 'any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Attorne IMA/lb/P706 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administ•=tor Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Atto• e Joel E. Maxwell Chief Assistant City A orney Mr. Isaac Shih NOTICE PZ-22-14 01/16 Community Center, Ltd. an original appraisal of your office with current rs evidencing the present e mortgages, together with a would expect to have the rance commitment to you within ruly y /GARY L.7BROWN For The Firm )7i PC PC ° . gtl 9 to render n 39 I SUBSTITUTED • 92020W DAP. 4 n 0PN 41 3A _ .4N • A% ... 3LASER 04P• PPOWN PESF CCP S WO.,.L P0er P'4 STOM I3 F.1)!Ov', KORN, KAN & G LASER. 'P.A. ATTORNEYS Al' LAW PENTI.IOIISE SI)I1E 11077 819C41NE 2101)1 Ev4P0 P 0 ROM 61 • 9002 f'LIIHIIIA ;full-unn� Irma M. Abella, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 Re: November 5, 1991 Amendment to Chinatown Variance, Resolution 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: PZ 22-1 01/1 tELEMONEIJO IJ OSPI 52J-60OI (9 T ELECOPIEP (3051 e- • I4 91- I am in receipt of your correspondence of 0• ober 31, 1991. It is my understanding that Miami Chine has delivered to Joel Maxwell of your offic the subject property. We will be providi estoppel letters from all mortgage hold outstanding principal balance on each of Mortgagee Title Insurance Commitment. mortgagee estoppel letters and title in the next two weeks. Thank you. GLB/rr cc: Miami Chinese Community Ltd. Attention: Mr. Isaac ih wbr000535 CD • SUBSTITUTED MICHAEL BED2OW GARY A MORN ALAN J MAN ALLAN M GLASER GARY L BROWN REBECCA S WOHL ALAN B SCHNEIDER 13EDk-OW, KORN, KAN & GLASJ.ri, P.A. ATTORNEYS AT LAW PENTHOUSE SUITE IIO77 BISCAYNE BOULEVARD PO BOX BI-9002 MIAMI, FLORIDA 30161-0002 December 26, 1991 Irma M. Abella, Esq. Assistant City Attorney City of Miami Office of the City Attorney Dupont Plaza Center, Suite 300 300 Biscayne Boulevard Way Miami, Florida 33131 Re: Amendment to Chinatown Variance Resolution No. 91-92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: TELEP (305) 52 "ELECOPIE lenmi Code The .icable dec. PZ-22 ",. 01/ IdecIslon Thank you for your letter of December , 1991. Due to the year end crunch of title work, we do not yet ha - the Mortgagee Commitment. As soon as we have the Mortgagee Comm went, I will forward same together with mortgage estoppel letters to you for review and approval. Thank you. GARY L. BROWN For The Firm GLB/rr cc: Miami Chinese Community Ce ter, Ltd. xbr000520 I SUBSTITUTED I To: Matty Hirai City Clerk FROM rge ernandez ity Attorney CITY OF MIAMI, FLORIDA INTlRR{OMcf\,,MEL!,ORANDUM HAY 23 rr! I: t,G DATE F j OBJECT REFERENCE ENCLOSURES May 22, 1991 PUBLIcti74y PZton., -2 et&NarrWorendare Resolution No. 91 92, adopted January 4, 1991 Chinatown We have recently been made aware that th- time limitation for obtaining a building permit containe, in Resolution No. 91-92, adopted January 24, 1991, refer ed to a date of March 2, 1991, this date being the deadline i posed by the Zoning Board in its action of December 3, 1990. This reference is incorrect and its presence is an obvio-s scrivener's error because of the controlling provisions of 0 dinance No. 9500 which provide for the obtaining of a buildinpermit within 90 days from the date of City Commission acti n. The computation of calendar dates from •January 24, 1991 cl-arly establishes that the correct calendar date of April 24, 19 is the date within which a building permit must have been obt. ned. Accordingly, in view of the statement in the transcript of January 24, 1991 by the Applicant's representative reflect' g the correct computation of the deadline date, there is no need to adopt corrective or curative legislation. Moreover, - e to the passage of time there is no significance that attaches to the incorrect reference. You may wish to keep thi memorandum on file in your office together with other back-up aterial you have in your custody regarding this Item. JLF:gb:P140 cc: G. Miriam Maer, Chi-f Assistant City Attorney Irma M. Abella, As istant City Attorney Sergio Rodriguez, irector Department of anning, Building and Zoning Attn: Guille o Olmedillo, Deputy Director Dep rtment of Planning, Building and Zoning qt - cc: A. Quinn Jones, III City Attori ( Matty Hirai, City Clerk SUBSTITUTED Sergio Rodriguez, Assistant City Manager r ' ,--- Joseph W. McManus, Asst. Director C:.0 IG • Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director , Planning, Building & Zoning i T :' Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant Joel E. Maxwell Chief Assistant Mr. Isaac Shih City Attorney City Attorney 9DW9 aIng to render 439 /24 ' � } � CC., A. Quinn Jonpo, oz City Attor`' Matty Hirai, City Clerk SUBSTITUTED Sergio Rodriguez, Assistant city Manageri,�/���/'` Joseph W. mcma000, Asst. Director Planning, Building and Zoning . Guillermo E. 0lmedillnDeputy Director C'i'y�'E.�, Planning, Building a Zoning F/ Gloria Fox Chief, Hearing Boards Div. | Planning, Building a Zoning > i Joseph Genuardi, Zoning Administrator Planning, Building * Zoning James J. Kay, uost^ Director Public Works Department G. Miriam Maec Chief Assistant city Attorney Joel E. Maxwell Chief Assistant city Attorney Mr' Isaac suih '~^ SUBSTITUTED A. QUINN IONES, III City Attorney CCitg tf?Miami December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Resolution NoC217:.92.-----= Our File No. A-91-734 Dear Mr. Brown: By your letter of Novemb matter, of which 1 enclose a provide us with the pertinen insurance commitment within November 19, 1991. As of documents, nor, for th reference to in my lette I also enclose a copy. Telec Mr PZ-22- 01/ 5, 1991 on the above -referenced opy, you advised me that you would. mortgagee estoppel letter and title wo weeks of said letter, that is, by this date, we have not received said matter, any of the documents made to you dated October 31, 1991, of which Please bear in ind that the Amendment to the variance granted by the City mmission at its meeting of October 24, 1991 OFFICE OF THE C ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 WOM Xing hotly. ring to render a SUBSTITUTED Gary Brown, Esquire December 13, 1991 Page 2 was conditioned upon our receipt of said documents. If 'any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Atto IMA/lb/P706 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Direc Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Admini•trator Planning, Building & Zoning James J. Kay, Asst. Directo Public Works Department G. Miriam Maer Chief Assistant City At orney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih PZ 22�8 01 Idec.on 4439 6/24 I SUBSTITUTED I A. QUINN )ONES, III City Attorney `1-ttJ I?f Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 amt October 31, 1991 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: With regard to the Amen• nt to the Chinatown Variance granted by the City Commissio at its meeting of October 24, 1991, said amendment was cond ioned upon the following: that the City Administration and t - City Attorney's Office guarantee to the City Commission that by being placed in a position of. mortgagee with respect to ••th the Biscayne Boulevard Property and the Northeast 4th Aven - Property, the City is guaranteed an equity in excess of the $250,000 which. had originally been required in the form of a performance bond or a letter of credit. We look to you to pr-vide such assurances so that we may guarantee this to the C y Commission. It is also a cor•ition of the variance that you provide us with an executed co -pant, as per the terms stated in my letter to you dated Octo-er 22, 1991, with the exception that the requirement that -11 mortgagees join in the covenant, which requirement, as y• know, was waived by the City Commission. e OFFICE OF TH TY ATTORNEY/1100 Ameriiirst Building/One Southeast Third Avenue/Miami, Florida 33131 Gary Brown, Esquire October 31, 1991 Page 2 SUBSTITUTED If you have any questions, do not hesitate to call me. Sincerely, • */ Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administ tor Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Atto e Joel E. Maxwell Chief Assistant City A' orney Mr. Isaac Shih Tie submitalneede hes... in accordanm vAlArnelines oet o heemi code Re... decisi .AvrtIn IdecIslon M.CHAEL eEDzOw GAR, a n jRN ALAN J nAN ALLA, M GLASER OAP. - GROWN REB:CCA 5 WOHL ROPE P` A STOn } t 111-?1)7l, V, KO12N, KAN & GLASER, P.A. ATT<)I:NLAS At LAW PENTH('i11S1- SHitt 11077 BISCAYNE ROI11 FL,ARD P.0 BOX 61.9002 M 1A 51 1. VI A))t11)A :1:11111-uunu November 5, 1991 Irma M. Abella, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 Re: Amendment to Chinatown Variance, Resolution 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: TlisEubmiltalneeds to be scheau in hilarnicode The 9I TELEPHONE 13051 523' 6001 TELFc0PIER 13051 . 91- I am in receipt of your correspondence of • tober 31, 1991. It is my understanding that Miami Ch has delivered to Joel Maxwell of your off the subject property. We will be provid estoppel letters from all mortgage hol outstanding principal balance on each of Mortgagee Title Insurance Commitment. mortgagee estoppel letters and title i the next two weeks. Thank you. GL3Jrr cc: Miami Chinese Communit , Ltd. Attention: Mr. Isaac hih wbr000535 m°cmd.' InaldecWon 14439 16/24 n:-e Community Center, Ltd. an original appraisal of g your office with current s evidencing the present mortgages, together with a I would expect to have the urance commitment to you within he Vera ly fi /GARY L.%BROWN For The Firm SUBSTITUTED SUBSTITUTED I c` (fag of?Miami A. QUINN JONES, 1I1 City Attorney October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of Octobe 24, 1991 Resolution No. Our File No. A-91-734 Dear Mr. Brown: Tel PZ-22-1 01/1 With regard to the Amendm- t to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was cond ioned upon the following: that the City Administration and t - City Attorney's Office guarantee to the City Commission that. by being placed in a position of mortgagee with respect to ..th the Biscayne Boulevard Property and the Northeast 4th Aven - Property, the City is guaranteed an equity in excess of th- $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to pr vide such assurances so that we may guarantee this to the C ty Commission. It is also a co dition of the variance that you provide us with an executed co -pant, as per the terms stated in my letter to you dated Octo•er 22, 1991, with the exception that the requirement that =11 mortgagees join in the covenant, which requirement, as y-u know, was waived by the City Commission. OFFICE OF T CITY ATTORNEY/1100 Ameritirst Building/One Southeast Third Avenue/Miami, Florida 33131 khearin9 cltlm 39 4 Qli#g of Fli not A. QUINN JONES, III City Attorney Idecikr October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of Octobe 24, 1991 Resolution No. Our File No. A-91-734 Dear Mr. Brown: Te PZ-22 01 With regard to the Amen • ent to the Chinatown Variance granted by the City Commissi• at its meeting of October 24, 1991, said amendment was con-itioned upon the following: that the City Administration and e City Attorney's Office guarantee to the City Commission th= , by being placed in a position of mortgagee with respect to •oth the Biscayne Boulevard Property and the Northeast 4th Ave ue Property, the City is guaranteed an equity in excess of t $250,000 which had originally been required in the form of = performance bond or a letter of credit. We look to you to ' ovide such assurances so that we may guarantee this to the ity Commission. It is also a ••ndition of the variance that you provide us with an executed .venant, as per the terms stated in my letter to you dated Oc •ber 22, 1991, with the exception that the requirement tha all mortgagees join in the covenant, which requirement, as ou know, was waived by the City Commission. OFFICE OF E CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 SUBSTITUTED Gary Brown, Esquire October 31, 1991 Page 2 4 If you have any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Atto e IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Dire or Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Admi .strator Planning, Building & Zoning James J. Kay, Asst. Direc Public Works Department G. Miriam Maer Chief Assistant City torney Joel E. Maxwell Chief Assistant Ci Attorney Mr. Isaac Shih PUBL/r khearin9 PZ tl22-1 01/1 LOCATION/LEGAL APPLICANT/OWNER SUBSTITUTED This subm.lreeds Pe scheduled for p in accordance vidrtlmelhes set to. h re.e rsommeennpetori a ne,. PZ 8 ZONING FACT SHEET 1801-1859 Biscayne Blvd. Tract A Tentative Plat #1380-"CH 'ATOWN" Isaac Shih 330 NE 18 St Miami, FL one 372-5209 ZONING RG-3/7 neral Residential. REQUEST Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements' and 'Minimum Offstreet Parking Requirements', and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow/the construction of a 70,025 sq. ft. commercial building on above site, as per plans on file, providing 0 of 316 required offstreet parking spaces, 0 of 3 required offstreet loading bays, 0' front setback (10' required); 0' side street yard (7.5 required) 8' side yard (42.9' required); 58% - 31,639 sq. ft. open space (64% - 34,970.21 sq. ft. required); 17% - 9,200.43 sq. ft. of pedestrian open space (21% - 11,474.6 sq. ft. required); and no provision of required vision clearance at the intersection of Biscayne Blvd. and NE 18 Street. 91- 92 SUBSTITUTED RECOMMENDATION PLANNING DEPARTMENT PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD DENIAL. There is no requested variances. No circumstances exist w land or building i applicable to other district. The alle acceptable. The s that parking, n provided off-si not acceptabl parking is no parking and the Ordi condition from the varianc petiti the zoni wi Nu. code The app.:al:1e d h dship to justify the special conditions and ch are peculiar to the lved and which are not ands in the same zoning d economic hardship is not atement made by the applicant feasible on site, will be within 600' and at meters, is either. Existing on -street sufficient to pick up spill -over hould not be considered to satisfy nce requirements. The special and circumstances are a direct result ctlons of the petitioner. Granting the requested will confer on the er a special privilege that is denied by ning Ordinance to other lands in the same g district. The grant of these variances not be in harmony with the general intent a purpose of the Zoning Ordinance 9500. No comment. 1. Construction within state right of way F.D.O.T. a permit is required. 2. For traffic signal conflicts contact Dade County Public Works Department Highway Division. At its meeting of December 3, 1990, the Zoning Board adopted Resolution ZB 115-90, granting until March 2. 1991, with conditions, by a vote of 8-0. Eight PROPONENTS were present at the meeting. One reply AGAINST, and one reply in FAVOR vas received by nail • SUBSTITUTED ANALYSIS = PZ 22 Special conditions and circ stances exist which are peculiar to the land, tructure, or building involved and which are no applicable to other lands, structures, or bu dings in the same zoning district. X The special condition and circumstances are an indirect result from he actions of the petitioner. X Literal interpret ion of the provisions of Zoning Ordinance 00 deprives the applicant of rights commoy enjoyed by other properties in the same zo+ ng district under the terms of this zoning oinance and works unnecessary and undue ha ship on the petitioner. X Granting t = variance requested conveys the same t-atment to the individual owner as to the o er of other lands, buildings, or structures in the same zoning district. X The v- iance, if granted, is the minimum variance that snakes possible the reasonable use of the lan•, building, or structure. X T grant of this variance is in harmony with the. neral intent and purpose of this zoning rdinance. and is not incurious to the neighborhood, or otherwise detrimental to the public welfare. 91- 92 Intheacyor Xing hotlywill sarin9 to render a Idecmoon 4439 '_RY HC "tr. TRACT -A- .„ 14 SUBSTITUTED ca a 11 . ILLS • , . . ••11 °1411Jsn- I Thls subrniliat needs to be sched in accordance with limelin Mlarni Dade. The applica remexetheInformaton at I rEconynencla ' for a public hearing forth in the City of Iion-rnking body ublic hearIng to render or a final decision. 2-14439 1/16/24 SUBSTITUTED meek to sche..dbre in eccorffance w.IrrieLines set.th rIz.,-"gTtvgr recornmendebori or a fine PZ-22-1 TO FROM SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the ity Commission Cesar H. Odio City Manager BACKGROUND During discussion of Item CA-2; October 25, •90, the Commission, by Motion 90-822, moved to defer accepting the "China •wn" plat (tentative plat #1380) until such time as the developer's request •r a parking variance was decided. However, Sergio Rodriguez, Assistant C y Manager and speaking for the Administration, gave assurances to the '• ission that before any variances were granted for the project, they wo d be brought before the Commission. Later, by Resolution 90-826, the Commi .ion decided to accept the plat. PZ-22-1 m, 01/1 CflI 39 4 DATE January 7, 199 FILE SUBJECT Appeal of ant of Variances: Chinatown roject; 1801-59 scayne Boulevard REFERENCES ENCLOSURES. ZONING BOARD GRANT OF VARIANCES On December 8, 1990, in publihearing after considering the Planning recommendation for denial, the Z ing Board, by Resolution ZB 115-90, granted the following variances by a vo of 7-0: Grant of variances fr• Ordinance 9500, as amended, the Zoning Ordinance of the City •f Miami, Schedule of District Regulations, Page 4 of 6, "Min' um Open Space Requirements" and "Minimum Offstreet Parking quirements", and Article 20, Section 2008, Subsection 2008.9. .1, Section 2013 and Section 2023, Subsection 2023.4 to allow e construction of a 70,025 sq. ft. commercial building on the site, zoned RG-3/7 General Residential, as per plans on file, oviding: a) 0 of 6 required offstreet parking spaces; b 0 of . required offstreet loading bays; c 0' ont setback (10' required); d 0' side street yard (7.5 required); e side yard (42.9' required); f) .8% - 31,639 sq. ft. open space (64% - 34,970.21 sq. ft. required); 17% - 9,200.43 sq. ft. of pedestrian open space (214 - 11,474.6 sq. ft. required); and h) providing no required vision clearance at the intersection of Biscayne Blvd. and N.E. 18 Street. Page 1 of 3 91- 92 6 SUBSTITUTED and subject to the following conditions: a building permit must be obtained by March 2, 1991; this grant of variance is based on plans on file da 7, 1990; which show 80 parking spaces on the back the block, to be provided at time of issuance of occupancy; said plans being subject to landscap unity of title for Tract A is required before a building permit; parking spaces per plans dated November 7, in the event that the applicant provide another location in accordance with Ci the applicant will be exempt from the re provided on the back portion, as per 1990; and any changes to the above reference November 7, 1990, are to be brought hearing, and said application for paid for by the applicant. APPEAL OF ZONING BOARD ACTION Pursuant to Article 32, Zoning 0r Zoning Department has appealed the 1990 and requests that the City which the Zoning Board granted Chinatown Project (See map attac -d This appeal is based on the 1. Parking Spaces The do not satisfac Conditioning th spaces on the street parkin cars will p neighborhoo 90; the 80 parking spaces at Code and regulations, then irement that these spaces be rking plans dated November 7, plans for parking spaces dated ack to the Zoning Board in public blic hearing to be initiated and This su.bel. meek to be sche.Led bre �aoo �aaa�e�. PZ-22-1 d November ortion of ertificate of plan approval; suance of d' ance 9500, the Planning, Building and cision of the Zoning Board on December 8, ommission review Resolution ZB 115-90 by ght variances, with conditions, for the lowing contentions: onditions attached to the grant of eight variances ily mitigate the lack of required parking spaces. grant of variances on the temporary location of 80 ck portion of the block still leaves a required off - deficit of 236 spaces (316 spaces required). These 236 rk in curb parking spaces in the area impacting the Followininitial development of the 70,000 square foot commercial structu' , the developer will again be able to seek a variance for parkinbefore developing the back half of the block. Page 2 of 3 93- 92 7 SUBSTITUTED 2. Loading Bays To construct without providing the requi commercial vehicles making off -site location. These spaces. This appeal is tentatively scheduled agenda of January 24, 1991. Attachment re� eee � .. Pation MITT reommlerefedo nor Z-2 0 Tele My of elecmon 4439 a' a 70,000 square foot c ercial structure red truck loading bays on site, will force deliveries and pick' g up supplies to an trucks and vans 1 impact on parking on the City Co ssion Planning and Zoning Page 3 of 3 91- 92 8 SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Gloria Fox, Chief DATE. .Hearing Boards Office (-Planning, Building& Zoning Department suBJECT FROM Guill o Deput Director Planning, Building & Zoning Department APPEAL REFERENCES - ENCLOSURES 01/1: 4 December is 99o:1,: FILE, 07 Appeal of Variances 1801-59 ant of Chinatown Project, scayne Boulevard Agend• Item, City Commission Meet g of January 24, 1990 Pursuant to Article 32, Zoning Ordinance 95'', the Planning, Building and Zoning Department wishes to appeal the d ision of the Zoning Board on December 8, 1990 and requests that the Ci Commission review Resolution ZB 115-90 by which the Zoning Board granted e'.ht variances, with conditions, for the Chinatown Project (See map attached). This appeal is based on the following tentions: 1. Parking Spaces The conditio • attached to the grant of eight variances do not satisfactorily mit'.ate the lack of required parking spaces. Conditioning the grant o variances on the temporary location of 80 spaces on the back port of the block still leaves a required off- street parking deficit .f 236 spaces (316 spaces required). These 236 cars will park in c rb parking spaces in the area impacting the neighborhood. Following initial development of the 70,000 square foot commercial structure, the veloper will again be able to seek a variance for parking before ' veloping the back half of the block. 2. Loading Bays o construct a 70,000 square foot commercial structure without prov ding the required truck loading bays on site, will force commercial ehicles making deliveries and picking up supplies to an off -site ocation. These trucks and vans will impact on parking spaces. 919 2 SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Cesar H. Odio City Manager SUBJECT REFERENCES• ENCLOSURES : De19 Request to Ap Variances: 1801-59 Bi lenrni Code The... dec., TM. PZ-22-1 01/1 L FILE al Grant of inatown Project, ayne Boulevard If the Commission wishes the Administration to appe the variances granted by the Zoning Board on December 3, 1990 pertaining t the Chinatown Project (see attached map), then please inform Sergio Rodriguez, Assistant City Manager, immediately but no later then close of business Monday. December 17. 1990. BACKGROUND During discussion of Item CA-2; October 1990, the Commission, by Motion 90-822, moved to defer accepting the "Ch atown" plat (tentative plat 11380) until such time as the developer's reque for a parking variance was decided. Later, by Resolution 90-826, the C. ission decided to accept the plat. However, Sergio Rodriguez, Assistan City Manager and speaking for the Administration, gave assurances to e Commission that before any variances were granted for the project, they 'uld be brought before the Commission. On December 8, 1990, in publ recommendation for denial, the the following variances by a v Grant of variances f Ordinance of the City Page 4 of 6, "Min Offstreet Parking Subsection 2008.9 2023.4 to allow building on th plans on file, hearing after considering the Planning ning Board, by Resolution ZB 115-90, granted of 7-0: Ordinance 9500, as amended, the Zoning of Miami, Schedule of District Regulations, um Open Space Requirements" and "Minimum equirements", and Article 20, Section 2008, .1, Section 2013 and Section 2023, Subsection e construction of a 70,025 sq, ft. commercial site, zoned RG-3/7 General Residential, as per ovidi ng: a) 0 of 6 required offstreet parking spaces; b 0 of required offstreet loading bays; c 0' ront setback (10' required); d) 0' side street yard (7.5 required); e) side yard (42.9' required); f) 8% - 31,639 sq. ft. open space (644 - 34,970.21 sq. ft. required); 17% - 9,200.43 sq. ft. of pedestrian open space (21% - 11,474.6 sq. ft. required); and h) providing no required vision clearance at the intersection of Biscayne Blvd. and N.E. 18 Street. Page 1 of 2 /0 EgIr .terender e I SUBSTITUTED 1 Honorable Mayor and Members of the City Commission and subject to the following conditions: a building permit must be obtained by March 2, 1991; this grant of variance is based on plans on file da 7, 1990; which show 80 parking spaces on the back p the block; unity of title for Tract A is required before a building permit; parking spaces as per plans dated November 7 at time of issuance of certificate of oc subject to landscape plan approval; any changes to the above referenced pla November 7, 1990, are to be brought back hearing, said application for public h for by the applicant; and in the event that the applicant p location in accordance with City applicant will be exempt from th provided on the back portion, as 1990. Attachment cc: Luis A. Prieto-Portar, Dire o Department of Public Work Aurelio Perez-Lugones Legislative Administrat Gloria Fox, Chief Hearing Boards Offic Planning, Building iss lenrni Code The audeeecaon-m:o e1e PZ-22-14 01/16/ November ion of ance of 990, are to be provided pancy; said plans being for parking spaces dated o the Zoning Board in public ng to be initiated and paid ides the 80 parking spaces at a Code and regulations, then the equirement that these spaces be er parking plans dated November 7, Zoning Department Page 2 of 2 92 // 11511111M SUBSTITUTED -14439 9 r /16/24 <y C0VISPISCP teat T 'ice 1 y u- 92 /726 y) $200.00 $500.00 SUBSTITUTED rerlekvishe Information al the publ. recPZ 22-1aw PETITION FOR VARIANCE File N A variants is retatasion of the terms of the ordinance w contrary to tht public interest and where, owing to prapertyand-not the mutt of actions of the apptican4- ord:ance would result in unnecessary, and undue this. ordbiance4. a variance is autiscrizad. only fa' dimensions • of yards. aid- other open:.- spares and re4tdrements:_(Section 3101) 4 T cast Shih t hereby • - ition the City of Miami Zoning. Boars for a variance tram me terms of the " Ordinance- of the' City of Micnii,6 affecting property located at 1801-59 Bisc e Blvd. t Miami, as specified below. action will not be pees:liar to the tarat enforcement of tide an the property. As usedfn area size of str'ucur,, fairest meeker or loading In support of this application, the following m erial Is submitted with this applicatiors- X I. Two copies of a survey of the Land -Surveyor. X 2. Four copier oh the site plan Of any) and proposed and dimensions and eomputat ratios, and height envelope. X 3. Affidavits disclosing own of interest form (Forms _4_4. Certified list of boundaries of application.) spared by a State of Florida Registered. alslon itg (as required property botssderies, existing dneterbuildIng elevations - of lot (grata aid), building spacing, LUI ip of property covered by application and disclosure 3 and 4a83, attach to application). of real estate within 375' radius from the outside covered by this application. (Forst 6-83 and attach to X 5. At least two • - *graphs that show the entire property (land an.I Improvements). _ 6. Other (Sps X 7. Fee of $. to apply toward the cost of processing, based of the following: (a) R',RC-; (residential uses ) (b) r penetration of Plane 111 y antennas and the like (c. All other applications for each request vcriance $0.0 7 per sq.ft. of floor area of building(s) from the ordinance minimum - $550.00 CO Surcharge equoi to applicable fee from (a)-(c) above, not to exceed $550.0 k to hi' refunded if there is no appeal. (City Code - Section 62-61) 91— 92 SUBSTITUTED This subm.1 reeds to ....led for ri in accordance vidrtlmelines set to. PZ-22-1 8. VARIANCES 1. Open Space Ratio Sched. of DR, pg 3 of 6 2. Ped. Open Space Ratio 11,474.6 sf(.21) 200.43sf (.17) Sched. of DR,pg 3 of 6 (.28 x .75 x GLA) 3 Yardst . Front . Side St Schedule of DR, pg 4 of 6 .6. Building Spacing Soiled. of DR, pg 4 of 6 Art. 20, Sec. 2013, b. Off Street Parking Sched. of DR., pg 3 of 6 Art. 20, Sec. 2017F019 11. Off Street Loading Art. 20, ��S}}ec. 2023 V, S J ON) t I'r_-Q r 4latr*4)4 ..tsa 'ram. 4 pe l8 J-4 : 6„.6tv1 zo0fi'10o$.9.a. NOTESi • 1133 o• ff -site on se ate site within 600' plus additional at meters Required Propo d 34.970.21sf (.64) 31,6 .sf (.58) 10' 7.5' 42.9' 316 Sp l a' 0' 0 8 0' On -site 0' On -site 23 on adjoining operty to east 91. melon /4 SUBSTITUTED The subject property, running north -south along of Biscayne Blvd., is a narrow site east -west. the Boulevard side is 18' in depth, with 11' on 17' on NE 19 St. Curbside parking is ample in The lot, as it exists, is of insufficient depth development of reasonable size without relief f of yards, open space and on -site parking. Exis in the area, and on site, has been without ben backs. Generally, sidewalks in other areas a and an additional street setback provides fo openness. The width of the sidewalks adjoi property afford that feeling of space with tional setback. TM'ortg.trzgn PZ-eL 22-144 the ea side Sidew=.k on NE 1 St. and the rea. t• permit requirements ng development it of yards/set- of lesser depth a feeling of greater ng the subject t need for addi- The building, as proposed, would follow existing setback pattern on site and for the area. Parking, not feasible on site, will •- provided off -site within 600' and at meters as has been done or other previous develop- ment in the past within this distr t. Off-street loading will be provi•=d on the adjoining site which is also proposed for near futur- development which, when completed, accommodate parking for the su• ect development. (b) Property size is existing wh a narrow east -west dimension, with large rights -of -way on thr== sides (Biscayne Boulevard - 100', NE 18 St - 80' and NE 19 - 75'), a 10' alley along the east side and with wide sidewalks - 18' on Biscayne Boulevard, 17' on NE 19 St. and 11' on NE 8 St. (c) Other CR-3 properties are generally of greater depth thereby and surrounding ope space is usually of lesser dimension. The greater depth -.fords opportunity for development in a princi- pal structure wit accessory parking structure or with parking incorporated int• the principal structure. The subject s for developme on -site surf capability f disaster. narrow east -west dimension is not adequate of a workable parking structure. To provide ample e parking would greatly and unduly restrict the r any feasible development and would be an aesthetic (d) Other pr-perties in the same, or other commercial districts, would •- faced with the same problems as is this one if the exist' condition of the site is such so as to preclude feasible deve -pment without seeking the same relief. Existing development in e district and in the area has established a pattern with wh' h the proposed subject development will be compatible. SUBSTITUTED .ta recommencleonor PZ-22-1 � (e) Because of the narrow east -west dimension, together wit require- ments of additional 10' front, 7.5' side street and a - 42' building spacing requirement at the east and with car •in dimen- sions prerequisite for any feasible structure parkin: development, there can be no reasonable use of the property with the re- quested variances. (f) Included within the general intent and purpose Comprehensive Neighborhood Plan and of the Zon as a requisite for assuring all of the other accepted purposes of such Plans and Ordinanc to, ". . creaste a favorable enviro rear children; to stabilize and enhance pr values; to aid in development and redevel to . . protect and safeguard the eocno upon which the good of all depends." We can see, from the general state o area, that without this stimulation the encouragement of quality develo ment such as the subject proposal stagnate and deteriorate and all and Ordinances cannot be realize Granting the requested varian the subject property possible development of the adjoining future, should be, in conce stimulants, be an impetous o and its environs. the Miami 0rdinance.and ated and generally , are the needs ent in which to erty and civic ment of the city; c and social structure he Biscayne Boulevard the economy and without ent and feasible redevelop- 11 provide, communities the other purposes of Plans will make the development of t, together with the proposed roperty to the east in the near with the other upcoming area a revitalization of the Boulevard Rather than a detriment this proposal will be a benefit to the neighborhood and t the community. 91 92 SUBSTITUTED 8. The Voriance requested is for relief from the provisions of Section the City of Miami Zoning Ordinance as follows: sEEr Airofc4ez "rt rec PZ-22-1 � eeap eciWon 39 of 9. In support of this application, the applic t is prepared to offer the following evidence, on the point enumerated at tion 3103.1 of the City of Miami Zoning Ordinance: Note: This application cannot be accepted or Zoning Board action unless all of the following six items are completed. (a) Special conditions and clr stances exist which are peculiar to the land, structure, or building invol • and which are not applicable to other lands, structures, or buildings in same zoning district in that: (fist evidence to be produced and use adds - onal sheets, if necessary.) 2 ATTAc# E= A (b) The-pecial conditions and circumstances do not result from the actions of th- petitioner in that: . Sr- A 1—ris444 ICJ> 91- 92 I7 SUBSTITUTED (c) Literal interpretation of the provisions of the zoning ordinance the applicant of rights commonly enjoyed by other propertie zoning district under the terms of the zoning ordinance unnecessary and undue hardships on the petitioner In that: (d) Granting the variance requested privilege that is denied by the structures in the same zoning d' (e) The varia reasonob rettert.einbrm•lbri al. pub PZ-22ra 01/ uld deprive in the some would work I not confer on the petitioner any special ing Ordinance to other lands, buildings, or rict in that: A T. e, if granted, is the minimum variance that will make possible the use of the land, building, or structure in that: sere u.'Lcma[ wing.° render decIlion s1 - 9z /8 SUBSTITUTED M.re� roeI�,�,�e,o�aa recommeneetion or Itl PZ-22-14 01/16/ (f) The grant of the variance- will be in harmony with general went anc purpose- of the Zoning Ordinance, and will not -injurious to the neighborhood, or otherwise detrimental to the public fare. Notes Alt documents, reports, studies, exhibits or written are graphic material to bI submitted to the Zontag Board shall be atbmltted with STATE OF FLORIDA) SSs COUNTY OF DADE ) Isaac Shih says that he is the (Owner) (A answer to question / I, above; true and complete; and Of petition an behalf of the SWORN TO AND CRIBED before me thin _,, day of 19p. MY CO NOTARY N T Co •.,”4131 SION EXPIRES: OM, STATE 0► ►LORIDAi ISSION EXPIRES: SEPT. AO. l Sn. nu NOTARY ►U L/C YNOLRWRniR4 Form t -83 Owner or Autabrizea Agent Isaac Shih 110 NE 18 St.. Sta 2 being sworn, deposes. ar ized A t of O ) of the rem property described he hos read the foregoing answers and that the same a as agent for owner) that he has authority to execute th i1 X (Names uWic Stat e , at jltnaa at Large 91- 92 1, (SEAL AFFIDAVIT STATE OF FLORIDA) COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared Isaac Shih , who being by me first duly •rn, upon oath, deposes and says: 1. That he is the owner, or the legal representative o the owner, submitting the accompanying application for a public h required by Ordinance No. 9500 of the Code of the City of , Florida, effecting the real property located in the City of Miami as .escribed and Listed on the pages attached to this affidavit and made thereof. 2. That all owners which he represents, any, have given their full and complete permission for him to act in the behalf for the change or modification of a classification or regulatio of zoning as set out in the accompanying petition. 3. That the pages attached here.- and made a part of this affidavit contain the current names, = addresses, phone numbers and legal descriptions for the real pro.- which ne is the owner or legal representative. 4. The facts .as rep - -. in the application and documents submitted in conjunction with affidavit are true and correct. sS. Further Affiant -th not. Sworn to and Subs thista2A. day bed before me as119g_e_ Notary ' c. Stag yf Florida at Large on Expires: 104fA" PUBLIC. STATE OF FCORIOX, M�a ss Treat/ NQT*rEXPIRES: t,Ewos1twirta r.1 This subm.lreeds ....led for p in accordance v....Fleas& n mpraue mcimn�� New WelrOarmatkin plAIC he PZ 22 1 eneL SUBSTITUTED 91 92 20 • Owner's Name Isaac Shih Mailing Address0 NE 18 St Telephone Number 372- 52o9 OWNER'S LIST NOTICE PZ22-1aw Legal Description: Tract A "Chinatown" (TP#1380) &-c.,ots-£r6; 9-i evil-&-42;-B±eck-6;-Miramar- f 5-J.3 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned invidually, jointly, or severally (by corporation, partnership or privat y) within 375' of the subject site is listed as follows: Street Address Legal Description • 3994 N E4Av Street Address Jig- 44 NE 4 Ave Miami, F1 • 3� .4e. r P1 nt Re r K pa a (j Legal Description 6. 7. 10. 11 do 12 Mock 6 Miramar (5-4) Street Add ss Legal Description 70: tE ;;! iu 96. 0^ 39 4 SUBSTITUTED 91- 92 21 SUBSTITUTED DISCLGSU&E OF (XNENGHIP NOTICE This submIttel needs to teacherluted fora p accordance Milt metres se/ 'forth irk Merl Cate The appileatle declelon-rn reNew.eirdonnetion el Ina rub. he PZ-22.Erna, 1. Legal description and street address of subject real property: 1801-59 Biscayne Boulevard; Miami, Fl Tr A "Chinatown" (TP#1380) 2. Owner(s) of subject real property and percentage of ownersh p. Note: City of Miami Ordinance No. 9419 requires disclosure of all ies wing a financial interest, either direct or indirect, in the s eject matter of a presentation, request or petition to the City Conan -sion. Accordingly, question #2 requires disclosure of all shareho ers of corporations, beneficiaries of trusts, and/or any other interest parties, together with their addresses and proportionate interest. Miami Chinese Community Center Ltd - 100% Isaac Shih, General Partner - 100% (No other officers in this organization) 33$ NE 18 St., Ste 21 Miami, F1 3. Legal description and street address o. any real property (a) owned by any party listed in answer to question 2, and (b) located within 375 feet of the subject real property. ' Lots 2, 6, 7, 10, 11 & 12 Block 6, Miramar (5/4) t_NE 4 Ave 33 1 n} Ef t g S'T' STATE OF FLORIDA ) SS: COUNTY OF DADE ) Isaac Shih. General Pa ner of Owner .; Miami, Fl CIMEROR AR Isaac Shih, General Partner , being duly sworn, deposes and says that he is t (X 4144u441ftrod44afor Owner) of the real property described in an er to question #1, above; that he has read the foregoing answers and tha the same are true and complete; and (if acting as attorney for owner) thhe has authority to execute this Disclosure of Ownership form on behal• of the owner. SAW • AND SUBSCRIBED bef.,. me this,p day fQ , 19'O . MDR CaMMISSIOIY EMPIRES: NOTARY PUBLIC. STATE OF FLORIDA. My COM MISStOA EXPiREs! SEPT. ae, 1991. •oMPAa tni.Y $QTAA, PLAuG YM1D01N0071 4.41 nary , to Florida at Large (SEAL) Marina Chy of 90 9J-- 92 22 SUBSTITUTED STATE OF FLORIDA ) SS: COUNTY OF DADE ) Isaac Shih , being duly sworn, deposes and says that he is the duly appointed trans -Lai Partner of the owner of the real property described in answer to question #l, i that he has read the foregoing answers; that the same are true and pletei and that he has the authority to execute this Disclosure of ship form on behalf of the owner. SWORN 10 AND SUBSCRIBED before me this A. day of MY COMMISSION EXPIRES: 41,ranr }URLIC, STATE OF FLORIDA, :DIFIRUISIFT. ]b te93. _ *NRY NOTARY PUUUC NNORIONA%T*Rfr c rwpc/ab/025 Notary Florida c, Sta Large (SEAL) PZ e22 14a 9 P J-91-756 10 /2 4/91 SUBSTITUTED RESOLUTION NO. A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-185 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDI RESOLUTION NO. 91-92, ADOPTED JANUARY 1991, WHICH HAD GRANTED A VARIANCE ORDINANCE NO. 9500, AS AMENDED, THE ORDINANCE OF THE CITY OF MIAMI, FLOR ELIMINATING THE REQUIREMENT TH APPLICANT POST A PERFORMANCE BOND OF CREDIT IN THE AMOUNT OF $250,0 FOR A PERIOD OF THREE YEARS F DATE OF THE ADOPTION OF RESOLUT TO GUARANTEE THAT THE REQUI PROVIDED AND THAT THE CONST SECOND PHASE OF THE APPLIC BE COMMENCED; FURTHER BY AC SAID BOND/LETTER OF CRED THE CITY BE PLACED IN A WITH RESPECT TO BOTH PROPERTY AND THE PROPERTY; FURTHER B DATE BY WHICH CONST BE COMMENCED FROM DATE OF ADOPTION THREE YEARS FOL A FINAL CERT I FIRST PHASE WAIVING THE JOIN IN APPLICANT• ADMINIST PROVIDI THAT, :Y MORT IN 4, ROM NING ♦A, BY THE LETTER .00 VALID LOWING THE N NO. 91-92 PARKING BE CTION OF THE 'S PROJECT WILL PTING IN LIEU OF REQUIREMENT THAT SITION OF MORTGAGEE E BISCAYNE BOULEVARD RTHEAST 4TH AVENUE CHANGING THE REQUIRED CTION OF PHASE II SHALL HREE YEARS FOLLOWING THE F RESOLUTION NO. 91-92 TO SWING THE DATE OF ISSUANCE OF CATE OF OCCUPANCY FOR THE OF THE PROJECT; FURTHER BY EQUIREMENT THAT ALL MORTGAGEES HE COVENANT REQUIRED OF THE FURTHER CONDITIONED UPON THE CITY TION AND THE CITY ATTORNEY ASSURANCES TO THE CITY COMMISSION BEING PLACED IN SAID POSITION OF GEE, THE CITY IS GUARANTEED AN EQUITY CESS OF $250,000. • r♦ • • -0 cr a NOTIC TTla sudoRtal needs. be scheduled in accordance wilt nmednes set f Miami Coble. The applicable decisi rewewme information m mepu recommendation or PZ-2 0 odic nearing in the ❑y of making body will hearing. render aidecidon. 4439 16/24 raw �'4 co WHEN AS, the City Commission at its meeting of January 24, 1991, adopted Resolution No. 91-92 granting a variance from td.trti 74, ; .3 CITY COMMISSION MEETING OF OCT 24 1991 94.-- 779 So. SUBSTITUTED Ordinance No. 9500, as amended, the Zoning Ordinance of th of Miami, Florida, as set forth in said Resolution a c••y of which is attached hereto as Exhibit "A"; and WHEREAS, said variance was granted subject certain conditions set forth in said Resolution; and WHEREAS, the applicant requests relief from he requirement that a performance bond or letter of credit in the amount of $250,000.00 be posted, valid for a per of three years following the date of the adoption of Res• ution No. 91-92; and WHEREAS, the applicant requests, i• lieu of said bond/letter of credit requirement, that the Cit be placed in a position of mortgagee with respect to both t.- Biscayne Boulevard property and the Northeast 4th Avenue pr•-erty; and WHEREAS, the applicant equests that the required date by which construction of the -econd phase of the project shall be commenced be changed f..m three years following the date of adoption of Resolutio No. 91-92 to three years following the date of issuance • a final Certificate of Occupancy for the first phase of t project; and WHEREAS, a City Commission, after careful consideration of this matter grees to grant the applicant's requests and to amend ResolutioNo. 91-92 subject to certain conditions as hereinafter T. submittal nestle to beschebuletl for rco stirs wRh timelines Betio Mlam Cme.meapplio.eA Is reWewbl infpnnauon at the pu mentlatl on or. PZ-2 set for h OW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -2- 91-_ 779 ublic hearing tithe City of aing body will smog render alfiendon. SUBSTITUTED PUBt/c Thls sunnralneedsb be KM for In accordance vet 1 manes set to .mi Code,le appllu de dec. reeewtie information al rho pub' recommendation or a Section 1. The recitals and findings contained in Preamble to this Resolution are hereby adopted by ref- ence thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 91-92, adopted January 24, 1991, is hereby amended in the following particul rs:l/ 1/ Un p "Section 2. The decision Board in this matter is affirmed for a variance from Ordinance amended, the Zoning Ordinance Miami, Florida, Schedule of Di Page 4 of 6, "Minimum Open and "Minimum Offstreet Parki Article 20, Section 2008, Section 2013 and Section to thereby allow the square foot commercial (0) of 316 required of (0) of three (3) req 0' front setback ( yard (7.5' requ required); 58%/3 (64%/34,970.21 s square feet of square feet required vis Biscayne Bo the prop Boulevar A, Tent plans n grant d, unt mu o the Zoning d the request No. 9500, as f the City of rict Regulations, ace Requirements", Requirements," and bsection 2008.9.2.1, 23, Subsection 2023.4, c• struction of a 70,025 uilding; providing zero treet parking spaces; zero red offstreet loading bays; required); 0' side street i ed); 8' side yard (42.9' 639 square feet open space are feet required); 17%/9,200.43 edestrian open space (21%/11,474.6 required); and eliminating the n clearance at the intersection of evard and Northeast 18th Street for ty located at 1801-1859 Biscayne Miami, Florida, also described as Tract ive Plat No. 1380 - "CHINATOWN", as per file dated November 7, 1990, is hereby said variance having a time limitation March 2, 1991 in which a building permit be obtained, and being conditioned upon the f. lowing: (1) the 80 parking spaces (as dicated on plans on file dated November 7, 1990) must be provided on the back portion of the block ords and/or figures stricken through shall be deleted. rscored words and/or figures shall be added. The remaining visions are now in effect and remain unchanged. Asterisks dicate omitted and unchanged material. -3- ubijc M1ear1ng the City of .M9 hotly rAd ri gto rereera a ldec'Id on. PURL/ SUBSTITUTED c, 0 a (the Northeast 4th Avenue property); (2) parki spaces (as per plans on file dated November 1990) must be provided prior to issuance Certificate of Occupancy; (3) a Unity of Title Tract A, whereby the Northeast 4th Avenue prop rty shall not be sold separately from the Bi ayne Boulevard property, must be provided pr'•r to issuance of a building permit; (4) in t event that the applicant provides the 80 parki g spaces at an alternate location in accor. nce with applicable City Code provisions and gulations, the applicant shall be exempt from th requirement that these spaces be provided on th back portion of the block; (5) said plan must r eive landscape plan approval by the Planning, Bu ding and Zoning Department of the City of Miami Florida; (6) any request for changes to the her -in -referenced plan for parking spaces must be p,-sented at a public hearing of the Zoning Boa •, said request for public hearing to be initia -d and paid for by the applicant; and (7) a ovenant, whereby the applicant agrees that the property will be subject to the herein listed renditions subject to the approval of the City 'ttorney waiving, however, the re•uirement that all mort•a•ees 'oin in said NOTIC rna suEmit. needs to beecnebulee to in accordance with timelines set to Miami Ccde. The applicable tlxisi reAew Me i ntormetbn at the pu remmmenbanon or 7 covenant, must be Dade County, Flor conditioned upon osition of mo led in the Public Records of da; said variance being also the City being placed in a •a•ee with res•ect to both the Boule =rd •ro ro•e, Bisca ne Avenue 50,0 ert and the Northeast 4th for an amount not less than valid for a period of three years following the date of this Resolution to guarantee that the require parking will be provided and that the const fiction of the second phase of the appl ant's project will be commenced, said con ruction to commence within three ears o owin t o •ate o issuance o a ina rtificate of Occu•anc for the first . hase of he project; said Amendment to Variance being further conditioned upon the City Administration and the City Attorney providing assurances to the City Commission that by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000 and upon receipt by the City -4- PZ-2 0 tier 1- 0 abet hearing nthe O1 of a Ning halywig ringtorenhera at eerlspn. 4439 16/24 r Ew °° 9 :# -.. 779 SUBSTITUTED Attorney of the following documents pertaining to both the Biscayne Boulevard Property and, the Northeast 4th Avenue •ro•ert : (a) a current a..ra sal; (• o•inion of t t e; (c) co• o' current t tle insurance •ol all in a fo acce•tab le to the Cit Attorne ; and (d) -•ch of er matters as ma be re•uired b Am n strat on an t e City Attorney. the This auhntlal needs. be scheduled In accordance with timelines' set MiamiCole. The applicable heci' review She Information at the p recommend.. o Section 3. This Resolution shall becor- effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of October , 1991. ATTES MAT HIRAI CITY CLERK PREPARED AND APPROVED BY 7 )1/1 IRMA M. ABELLA ASSISTANT CITY ATT EY APPROVED AS FORM AND CORRECTNESS: A // JON-S I V•RN: QU TY A IMA/ •/gmb 2489 -5- UAREZ, AYOR 91- 779 pa .hewing InIheCltyof making holy. hearing. renders naldeclaon. 16/24 A R 1 9— 9 1 J-91-57(e) 1/24/91 6 3 2 SUBSTITUTED RESOLUTION NO. 4 i - 92 NOTICE PZ-221 nna1e A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMIN THE DECISION OF THE ZONING BOARD TO A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, ZONING ORDINANCE OF THE CITY OF MIAMI, FLOR SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 0 "MINIMUM OPEN SPACE REQUIREMENTS", AND "M OFFSTREET PARKING REQUIREMENTS," AND ARTIC SECTION 2008, SUBSECTION 2008.9.2.1, SECTI AND SECTION 2023, SUBSECTION 2023.4, TO ALLOW THE CONSTRUCTION OF A 70,025 SQ COMMERCIAL BUILDING; PROVIDING: ZERO REQUIRED OFFSTREET PARKING SPACES, Z THREE (3) REQUIRED OFFSTREET LOADING BA SETBACK (10' REQUIRED); 0' SIDE STRE REQUIRED); 8' SIDE YARD (42.9 581/31,639 SQUARE FEET OPEN SPACE SQUARE FEET REQUIRED); 171/9,200.4 PEDESTRIAN OPEN SPACE (211/11,47 REQUIRED); AND ELIMINATING THE CLEARANCE AT THE INTERSECTION OF AND NORTHEAST 18TH STREET FOR T AT 1801-1859 BISCAYNE DOULEV ALSO DESCRIBED AS TRACT A, 1380 - "CHINATOWN", AS PER NOVEMBER 7, 1990, SAID V LIMITATION UNTIL MARCH 2, PERMIT MUST BE OBTAINED, THE FOLLOWING: (1) T INDICATED ON PLANS ON F MUST BE PROVIDED ON T (THE NORTHEAST 4TH AV SPACES (AS PER PLAN 1990) MUST BE PRO CERTIFICATE OF OCCU TRACT A, WHEREBY T SHALL NOT BE 50 BOULEVARD PROPS ISSUANCE OF A THAT THE APPLI AT AN ALTER APPLICABLE C THE APPLICAN THAT THESE OF THE 8 PLAN APPR DEPARTME REQUEST FOR P HEARI PURL APP APP AP A, 6, IMUM 20, 2013 THEREBY RE FOOT OF 316 0 (0) OF S; 0' FRONT YARD (7.5' REQUIRED); (641/34,970.21 SQUARE FEET OF .6 SQUARE FEET REQUIRED VISION SCAYNE BOULEVARD PROPERTY LOCATED D, MIAMI, FLORIDA, TENTATIVE PLAT NO. PLANS ON FILE DATED IANCE HAVING A TIME 91 IN WHICH A BUILDING BEING CONDITIONED UPON 80 PARKING SPACES (AS E DATED NOVEMBER 7, 1990) BACK PORTION OF THE BLOCK NUE PROPERTY); (2) PARKING ON FILE DATED NOVEMBER 7, IDED PRIOR TO ISSUANCE OF CY; (3) A UNITY OF TITLE FOR NORTHEAST 4TH AVENUE PROPERTY SEPARATELY FROM THE BISCAYNE Y, MUST BE PROVIDED PRIOR TO ILDING PERMIT; (4) IN THE EVENT T PROVIDES THE 80 PARKING SPACES TE LOCATION IN ACCORDANCE WITH Y CODE PROVISIONS AND REGULATIONS, SHALL BE EXEMPT FROM THE REQUIREMENT PACES BE PROVIDED ON THE BACK PORTION ; (5) SAID PLAN MUST RECEIVE LANDSCAPE BY THE PLANNING, BUILDING AND ZONING OF THE CITY OF MIAMI, FLORIDA; (6) ANY OR CHANGES TO THE HEREIN -REFERENCED PLAN NG SPACES MUST BE PRESENTED AT A PUBLIC OF THE ZONING BOARD, SAID REQUEST FOR HEARING TO BE INITIATED AND PAID FOR BY THE CANT; AND (7) A COVENANT SUBJECT TO THE OVAL OF THE CITY ATTORNEY, WHEREBY THE LICANT AGREES THAT THE PROPERTY WILL BE SUBJECT THE HEREIN LISTED CONDITIONS, MUST BE FILED IN E PUBLIC RECORDS OF DADS COUNTY, FLORIDA; SAID ARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED. 91- 779 CITY COPII. SION �.... 1 OF N 24 1991 9I- 92 , APM1-19-91 SATil6 : 32 I SUBSTITUTED raommenchilon or PZ-22-1 ^^el 01/1 WHEREAS, the Miami Zoning Board at its meeting December 3, 1990, Item No. 2, duly adopted Resolution 29 5-90 by a six to taro (6-0) vote granting a variance as her:,natter set forth; and WHEREAS, the Planning, Building and Zoning Depar ent of the City of Miami has taken an appeal to the City Commis on from the grant of the variance; and WHEREAS, the City Commiseion, after careful consideration of this matter finds that there are peculiar cire stances affecting this parcel of land and that practic.- difficulties and unnecessary hardships exist which would i •air the owner's right to the reasonable use of the propert without the grant of variance as hereinafter set forth; NOW, THEREFORE, 8E IT RESOLVED THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; •Section 1. The recite s and findings contained in the Preamble to this Resolutio are hereby adopted by reference thereto and incorporated rein as if fully set forth in this Section. Section 2. T e decision of the Zoning Board in this matter is affirmed nd the request for a variance from Ordinance No. 9500, as arne ed, the Zoning Ordinance of the City of Miami, Florida, Schedu e of District Regulations, Page 4 of 6, "Minimum Open Space -equiremente", and "Minimum 0ffetreet Perking Requirement ," and Article 20, Section 2008, Subsection 2006.9.2. , Section 2013 and Section 2023, Subsection 2023.4, to thereby -11ow the construction of a 70,025 square foot commercial build g; providing zero (0) of 316 required offstreet parking spa -s; zero (0) of three (3) required offstreet loading bays; 0' f •nt setback (10' required); 0' side street yard (7.5' squired); 8' side yard (42.9' required); 58n/31,639 square feet open space (648/34,970.21 square feet required); 174/9,200.43 square feet of pedestrian open spec* (214/11,474.6 square feet 1 9— 9 1 S p 7 6: 3 3 41 SUBSTITUTED PZ-221 fina 01/1 required); and eliminating the required vision clearance at intersection of Biscayne Boulevard and Northeast 18th Stre for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat N . 1380 - "CHINATOWN", as per plane on file dated November , 1990, ie hereby granted, said variance having a time li tation until March 2, 1991 in which a building permit must b obtained, and being conditioned upon the followings (1) the -0 parking spaces (as indicated on plans on file dated Novemb-- 7, 1990) must be provided on the back portion of the bloc (the Northeast 4th Avenue property); (2) parking spaces (as er plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Un y of Title for Tract A, whereby the Northeast 4th Avenue - operty shall not be sold separately from the Biscayne Boule and property, must be provided prior to issuance of a building rmit; (4) in the event that the applicant provides the 80 park g spaces at an alternate location in accordance with appl able City Coda provisions and regulations, the appliean shall be exempt from the requirement that these spaces be pr• ided on the back portion of the block; (5) said plan must eceive landscape plan approval by the Planning, Building a d Zoning Department of the City of Miami, Florida; (6) any quest for changes to the herein -referenced plan for parking paces must be presented at a public hearing of the Zoning Boar•, said request for public hearing to be initiated and paid for •y the applicant; and (7) a covenant, whereby the applicant ••tees that the property will be subject to the herein listed c• ditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, Florida; said varia ce being also conditioned upon the applicant posting per ermance bond or letter of credit in the amount of $250,000.00 d for a period of three years following the date of this •solution to guarantee that the required parking will be provided and that the construction of the second phase of the )ic$nt'P project will be commenced. APR,- 1 9-9 SA TO6 :33 SUBSTITUTED Section 3. This Resolution immediately upon its adoption. ATT 10411 become PASSED AND ADOPTED this 24th day of January , 1991. NIRAi CITY CLERK PREPARED AND APPROVED BY: 4,716, )91. a. MIRIcm MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTN St ( J.-GE t.. RN C Y ATTOR EY GMM/rma/1b/M1974 XAVIER L. AREZ, OR ) PURL/ cot A. Quinn Jones, III, City Attorney Matty Hiraillity Clerk COt` Joseph W. Planning, Guillermo Planning, McManus, Assistant Director Building & Zoning E. Olmedillo, Deputy Director Ce-�`;,, Building & Zoning �� G Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorne Gary Brown, Esquire Mr. Isaac Shih a) 0 f/1 0.0JJJ.7 Ji0 NOT ThIssubmittalneeba to be ccorhance with b Mlami Ccde.. The appl reMewiherecom lnfonnab E du Lee for public hearing es set forth in the City of e deibon-making bodywilt t the pubhu hearing to rend era at or a final decia on. -22-14439 01/16/24 �Qr rEW C°viS SUBSTITUTED 2 0 SUBSTITUTED TO FROM : CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Sergio Rodriguez Assistant City Manager Irma M. Abella Assistant City Attorney DATE SUBJECT : Amendment to Ch Resolution Nos January 14, 1992 ThIs submittal needs to be scheduled in accordance wah timelines sett Mlaml Lode .,Te appllra dec review the Inbnnadon at the p manmmendabnn PZ-2 public bearing In the City of making body EAll hearing to render nal decid on. 14439 NI: A-91•,73, atown Variance 91-92 and 91-77! 410 REFERENCES ENCLOSURES. As you well know, the Amendment o the Chinatown Variance granted by the City Commission on th- above -referenced matter at its meeting of October 24, 1991 was conditioned upon the following: 1. That the City be pro ided assurances that, by being placed in a position -f mortgagee with respect to both the Biscayne Boulev d Property and the Northeast 4th Avenue Property, e City is guaranteed an equity in excess of $250,00'; and 2. That the a acceptable occurrence Resolution 91-779, up To this dat that. the City i (b) an execute Enclosed are c applicant, d Brown's rep 1991. I Ordina amen 1992 bui t e nt ant proffer a covenant, in a form the City Attorney, guaranteeing the all other conditions enumerated in o. 91-92, as amended by Resolution No. n which this Variance is contingent. t ppl' • we have not received either (a) assurances guaranteed an equity in excess of $250,000 or covenant meeting the City Attorney's approval. pies of my letters to Gary Brown, attorney for the ed October 31, 1991 and December 13, 1991, and Mr. letters dated November 5, 1991 and December 26, sh to remind you that, pursuant to Section 2105.2 of 11000, the applicant has 180 days from the date this to the Variance was granted, that is until April 21, to pull a building permit under Ordinance No. 9500. Any ding permits pulled after said date will have to comply with provisions of Ordinance No. 11000. ertk Sergio Rodriguez January 14, 1992 Page 2 Please advise how you suggest this matter. SUBSTITUTED Thlc submNtal needs m be zhecluMe for In mud, ante vdN slmeenes set Me Mlami Code. The appllrehle decisio rexew Me lnMaaabon at the put. rmomman. on pre we should proceed reg= ding IMA/lb/P726 cct A. Quinn Jones, /II, City Attorney Matty Hirai, City Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Adminis ator Planning, Building & Zoning James J. Kay, Assistant Dir- tor Public Works Department G. Miriam Maer, Chief As- . City Attorney Gary Brown, Esquire Mr. Isaac Shih hearing Me My a eking bely 6. ring to render a declaon. 11i fititgof u t r A. QIINN JONES, III City Attorney October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Vari- ce Item No. PZ-12, City Commi ion '. Meeting of October 24, 19 Resolution No. 91-92 Our File NoA-91-734 Dear Mr. Brown: With regard to e Amendment to the Chinatown Variance granted by the City ommission at its meeting of October 24, 1991, said amendmen was conditioned upon the following: that the City Administr- ion and the City Attorney's Office guarantee to the City Comm'-sion that, by being placed in a position of. mortgagee with spect to both the Biscayne Boulevard Property and the Northea 4th Avenue Property, the City is guaranteed an equityin'ex•:ss of the $250,000 which had originally been required in e form of a performance bond or a letter of credit. We look t• you to provide such assurances so that we may guarantee is to the City Commission. It s also a condition of the variance that you provide us with a. executed covenant, as per the terms stated in my letter to y dated October 22, 1991, with the exception that the requ ement that all mortgagees join in the covenant, which re•-irement, as you know, was waived by the City Commission. (305►: Tetecopier: rnfe a�emcfaf reads m I>° a�nedwed ' aordenre wiMrtimellnes att f Miami Cafe. The appllradle tlxi re New'Ure Inldma W n of ,de p recommentleti on n PZ-2 OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 public hearing ne Ciry of making body. neanngm render neldecie on. 16/24 F! 1<1 l i f_ Le Gary Brown, Esquire October 31, 1991 Page 2 SUBSTITUTED NOTICE Thlssubnning needs.. scbeolded fora in accord anon wins tl melina set forth. Miami Crde. The sp... decision- redew helydoimation el the public recorrenendadonns ad PZ-22- If you have any questions, do not hesitate to call me. Sincerely, ,,? I f . r Irma M. Abella Assistant City A IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City M Joseph W. McManus, Asst. Direct() Planning, Building and Zoning Guillermo E. Olmedillo, Depu Planning, Building & Zoning Gloria Fox Chief, Hearing Boards D Planning, Building & Z Joseph Genuardi, Zo Planning, Building James_J. Kay, A Public Works D GA Miriam, Ma Chief Assi Joel E. Chief s Mr. aac ing orney uc deadr. eCiryo, Ingbodys. ring m render a decision. ager - Director ng Administrator Zoning t. Director artment ant City Attorney xwell istant City Attorney Shih SUBSTITUTED A, QUINN )ONES, 111 City Attorney City. of �ittmi Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 • Re: Amendment to Chinato Resolution No. 91-9 Our File No. A-91- 4 Dear Mr. Brown: By ,your let matter, of whic provide us wit insurance co November; 19 documents, reference I also e December 13, 91 Variance mla sector nee.tobeechea. uwdmcewbtlrneiie KwH Cede. The applirade d renew theaton atthe rec,connommendation a pudic hexing h inthe ❑tyd rnaNing hotly rill k hearingto rentleea enaieeciann. -14439 /16/24 (305): Telecopi (105)599.3399 r of November 5, 1991 on the above -referenced I enclose a copy, you advised me that you would the pertinent mortgagee estoppel letter and title tment within two weeks of said letter, that is, by 1991. As of this date, we have not received said or, for that matter, any of the documents made o in my letter to you dated October 31, 1991, of which lose a copy. P ease bear in mind that the Amendment to the variance gran -d by the City Commission at its meeting of October 24, 1991 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 .11 SUBSTITUTED Gary Brown, Esquire December 13, 1991 Page 2 was conditioned upon our receipt 'any questions, do not hesitate to IMA/lb/P706 CC: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City nager Joseph W. McManus, Asst. Direct Planning, Building and Zoning Guillermo E. Olmedillo, Dep y Director Planning, Building & Zoni This Mt. neeeato be echeeu in accedence wilt erneenee: Miami Code.The appeune renewMnun atonm eat of said documents. If yo have call me. Sincerely, Irma M. Abella Assistant City ttorney Gloria Fox Chief, Hearing Boards v. Planning, Building & oning Joseph Genuardi, Z. ing Administrator Planning, Buildine. & Zoning James J. Kay, =st. Director Public Works ►-partment G. Miriam er Chief Ass tant City Attorney Joel B. axwell Chief =sistant City Attorney Mr. saac Shih r a pubec hearten nnb in me Cited eion.reaNing body will 6dc bearing to renders r a Mal decision. -14439 1.. 1 1 r -- 1 E use.AtL ettZOw GAO. A AOPP4 ALAN v K(IN A,LAM U 31.A13E32 041114 8e10WN. pf 9E CCA S rabpt z$ A StOK I E 13t nzow, tonr , KAN & GLASER. P.A. ATTORNEYS Al'' LAW PENTh1011SE SUITE ❑O7T BISCAYNE 150113tvApb P O. BOY 8I . 9002 M1AI111. 1'1.111M I3A : 1:11t11.1)11t1..2 Irma M. Abeiia, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 November 5, 1991 TELEPHONE 13051 Be3.6 TELECOPI Re: Amendment to•Chinatown Variance, Re ution No. 91- 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. &belle: I am in receipt of your correspo •ence of October 31, 1991. It is my understanding that has delivered to Joel Maxwell of the sub3ect property. We will estoppel letters from all m outstanding principal balance Mortgagee Title Insurance mortgagee estoppel letters the next two weeks. Thank you. GLB/rr cc: Miami Cr nese Community, Ltd. Atten on: Mr. Isaac Shih nd mihanaaanei�aa Mlami Cote The Qpll.. Cai reM abbe p mcommed.. pubue neaang inthecitya +neking bens will c hearinglorendera aieeciaon. 14439 /16/24 8125•2520 r (a ow*ao) 3051 b05. 1421 ami Chinese Community Center, Ltd. your office an original appraisal of e providing your office with current tgage holders evidencing the present n each of the mortgages, together with a mmitment. i would expect to have the title insurance commitment to you within wbr00053 Ver % / GARY L . ' BROWN For The Firm ur.s�/ IOC tri 4 a R MICHAEL BEDZOW DART A. KORN ALAN J. KAN ALLAN M. GLASER GAI Y L. BROWN REBECCA S.WOHL ALAN O SCHNEIDER Bow, KORN', KAN 8c GLASi ict, r-.A. ATTORNETS AT LAW PENTHOUSE Suitt I1077 BISCAYNE BOULEVARD P.O. BOX 61.9002 MIAMI, FLORIDA 33iOI-0002 December 26, 1991 Irma M. Abelia, Esq. Assistant City Attorney City of Miami Office of the City Attorney Dupont Plaza Center, Suite 300 300 Biscayne Boulevard Way Miami, Florida 33131 Re: Amendment to Chinatown Variance Resolution No. 91-92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abelia: Thls sub tffiLneetlsto h xhsldcd tor rcortlanre wppIIrSines setfort MlamltherncTe appllt'abh pubF reNew the Inbnnation at the pu bl' me-tl.�onora PZ-22 Mc hearing the Clty of a Nng arrend erairg to rcntler a I tlecie on. TELEPHONE <O51 e95•2B20 (306) 523 -001 (BROWARD) ?tLECO- EP (3051 895.142i Thank you for your letter of 'ecember 13, 1991. Due to the year end crunch of title work, we do •t yet have the Mortgagee Commitment. As soon as we have the Mort gee Commitment, I will forward same together with mortgage estoppel etters to you for review and approval. Thank you. GLB/rr cc: Miami Chines Community Center, Ltd. xbr000520 For The Firm 1' r l 1 !,. 1.1 . -t L 4-4►.1 £'EF• Miami 01m:ae Comr ur,fty Ctir;tec, Ltd, 1621 Biscayne Boulevard Aulte 14 Mta'ni, F1.grtds )1t32 October 9, 1491 V cA...e.r1tX� ANU..n.F;ciUillR, 1 L t 579 i 319' ) stma M. Abell*, Baq. Avsistant City Attorney city of Miami Pot Request for Amendment Resolution No. 91-92 beet lie. Ah#ilat Pieatue be advised that the undersigned Certain coriltions of Resolution No. 91,92 1. In lieu of the requirement for Tract A prior to the whereby the Northeast Fouct separately from tho n l sca plane a deed restrtcti property, in a form guarantying that the 6 on f t l• dated Novelabe same time frame as i 2, In lieu of the re of. Credit be pos that the regal ComMenClement O we offer tha respect to Northeast F of Conditions Thla submittal needsm be scbedul in accordance wim emeonm Miami Coda The replica. tl realewMelnanrrnatlon a[[n recomeentlad volr iOu$ I pueic bearing en In me clrym making bony will bllo nearl'ig M rendev a r enalea�lse.. -14439 1/16/24 ishea to proffer in lies 'f he following items: t t a Unity 'of tttin be t^.rovlled 93uance of a building permit, Avenue pcop0tty shall not be vv1.1 e Boulevard property, NO offer tr1 on the Nort) ast ioucth Avenue aoceptabie to ,the City .Attornr,r, parking spaces, is indicated on plans 7, 199U, shalt he provided w:thIn the Resolution No. 91-92; tcement that a performance b4..nd cif L ttec d in the a►liount of $250,000.00 to g'iarIr;ty ,d parking Vial be provided and that the the second phaeo of the p(ojeat will cor►vtor.ct, the City be placed as a Mortgage holder with oth the Biscayne Boulevard propocty aril the cth Avenue property; and 3. that e time period tor Commvhcementi. for con£tc4ct:on of Phase XI will be three years from the Oat, of tesuarte of .0 fine Certificate 'of OceupancY ter Phaoa i. Phank • ur. Very t Miami ;Chinese Community Center, By: fseac Stith Y yours, . SUBSTITUTED IORCE L. FERNANDEZ City Attorney of 141iiian* October 8, 1991 Mr. Isaac Shih Miami Chinese Community Center, Ltd. Miami Chinatown Development Corp. 331 N.E. 18th Street Miami, Florida 33132 Re: .Request for Amendment of 'Conditions of Variance Resolution No. 91-92 Dear Mr. Shih: This subnRtal needs. be schedule in accordance with t melines s Mlanl Code_The applicable tl renewtM1e information at the recommendatio r a pubic hewing dh n he Cdy Ming body wll lic fearing to render a a Anal decion. -14439 Teale( o r r 305, 3"..4' l0 We have received your lette of Wednesday, October 2, 1991, asking for a continuance fro the City Commission meeting of October 3, 1991, to the City ommission meeting of October 24, 1991, of your request for a amendment of the conditions of the variance granted by the Cit Commission by Resolution No. 91-92, adopted January 24, 1991. In order that we m properly advertise and place this item on the agenda for con- deration by the City Commission, I must receive a letter froyou, by return facsimile transmission, no later than the close •f bus: ass, on Wednesday, October 11, 1991, specifying the contions wh.Lch, as you stated at the meeting you attended on Septeer 30, 1991 with Sergio Rodriguez, Assistant City Manager, an• various other members of the Planning, Building and Zoning Depa ent and the City Attorney's Office, you wish to proffer in .li- of certain conditions of Resolution No. 91-92 which you w =h to be relieved of. In my recollection, the conditions •u offered to proffer at the said September 30, 1991 meeting ar-. 1. In lieu of the requirement that a Unity of Title be provided for Tract A prior to the issuance of a building permit, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, you offered to place a deed restriction on the Northeast 4th Avenue property, in a form acceptable to the City Attorney, guaranteeing that the 80 parking spaces, as indicated on plans on file dated November 7, 1990, shall be provided within the same time frame as in Resolution No. 91-92; and 91- 779 OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami. Florida 33131 SUBSTITUTED Mr. Isaac Shih October 8, 1991 Page 2 Mm eeecheb h armreaneev emellnes Kami Code. The appllcaHe re New the infameeon at r mcammene lra pobk heating frlrth inthe Otoce mahbogy, will ubfa hulgo ing o rentl l eea or annaieeciagn. 2-14439 1/16/24 3. In lieu of the requirement that a performance •ond or letter of credit be posted in the amount of $ .0,000.00 to guarantee that the required parking will •- provided and that the construction of the second p ase of the project will commence, you offered that the City be placed in a position no less than t'-t of second mortgagee with respect to both the Bi ayne Boulevard property and the Northeast 4th Avenue • operty. Also discussed at the said September 30 1991 meeting were the various documents which must be pro ded for the City Attorney's review pertaining to the proff ed deed restriction and second mortgage. Enclosed is a cop of my memorandum to Sergio Rodriguez, dated September 30, 19.1, listing the various documents required. With regard to the proposed deed estriction, I suggest that you ask your attorney to prepare a •-aft document for our review prior to the October 24, 1991 City "ommission meeting. If you have any questions, •• not hesitate to call me. IMA/lb/P641 cc: Sergio Rodrigue , Assistant City Manager Joseph W. Mc nus, Asst. Director Planning, 8 lding and Zoning Guillermo . Olmedillo, Deputy Director Plannin• Building & Zoning Glori Fox Chie , Hearing Boards Div. Plae ing,Building & Zoning seph Genuardi, Zoning Administrator lanning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Sincerely, Gc i74. atek Irma M. Abella Assistant City Attorney 91- 779 3 4•1 CI 1 4 i : - L_ r-' 1., Sergi° kodriguez hesistant City Manager A.. >)1. Ate4L., Irma M. Abatis Assistant City Attorney r�E F t �.r*r ter vtfr,'i INTtFt•OFFICF MEMORAI$6 3t AN September 30, 199 :.(Chinatown Vari °E=E?E`o. e5 Pursuant to the meeting held this da Mr. Isaac shih, you, and various other Building And Zoning Department and the wish to memorialize the various alter Shih regarding the requested amendme the applicant by Resolution No. 91 Commission's original intent c requirements: 1. In lieu of the req provided for Tract building permit, property shall no Boulevard proper placement of a Avenue proper Attorney, wh as indicate shall be Resoluti 4 This sobmtlal needs to be scheduled accordancein seen-timelinesset Miami Cale. The applicable deci review the Information at the p RCo menhat on , with the applicant, tubers of the Manning, ty Attorney's Office, I tives discussed with Mr. to the variance granted 2 which would satisfy the cerning said Resolution's puble hearing Inihe Cllyof making halt'. hearingto mndera nalaeclson. 14439 A-•00-903 u ement that a Unity of Title be A prior to the issuance of a hereby the Northeast 4th Avenue be sold separately from the Biscayne , we recommend the acceptance of the deed restriction on the Northeast 4th in a form acceptable to the City h guarantees that the 80 parking spaces, on plans on file dated November 7, 1990, rovided within the same time frame as in No. 91-92. 2. . The- 'fo owing documents pertaining to the proposed deed restr ction must be provided for the City Attorney's rev w prior to the October 3, 1991 City Commission me ings an Opinion of Title, dated the week of September 30, 1991, in a form acceptable to the City Attorney, for both the Biscayne Boulevard property and the Northeast 4th Avenue property; and copies of all mortgages encumbering the Northeast 4th Avenue property. SUBSTITUTED 91- 779 i/ • E P In — _ 1 ht+_I t aergiO Rodriguez September 30, 1991 Page 2 L_ HW LtEP 1 I SUBSTITUTED NOTICE This submittal needs to be scheduled for in rcordancep timelines set tort a Miami Lode The applicable dec¢lo renew Me Information at the puha recommendation or PZ-22- 3. in lieu of the requirement that the applicant post a performance bond or letter of credit in the • ount of $250,000.00 to guarantee that the required pa ing will be provided and that the construction of he ;second phase of the applicant's project will mmence, we recommend that the City's mortgage posit •n be no leas than that of second mortgagee with reap ct to both the Biscayne Boulevard property and th- Northeast 4th Avenue property. 4. The following documents pertaining to any such second mortgage in addition to those .cuments outlined in 2(a) and 2(b) above, must be rovided for the City Attorney's review prior to th- October 3, 1991 City Commission meeting: a) current appraisals, p-•pared by a MAT appraiser, for both the Biscayn= Boulevard and the Northeast 4th Avenue properti b) copies of Boulevard c) copies of in effect Northeast 5. Applicant sha the propos effective, agrees th Northeas conditi City all mo gages encumbering the Biscayne proper y; and th title insurance policies currently f• both the Biscayne Boulevard and the 4 Avenue properties. provide, within 15 days from the date amendment to the variance becomes n executed covenant whereby the applicant the Biscayne Boulevard property and the 4th Avenue property will be subject to the s.of the variance, in a form acceptable to the torney, and joinders from all mortgagees. In addit •n to the documents discussed at this meeting and made refere e to in Paragraphs 2, 4 and 5 above, the applicant must also ovide, within fifteen (15) days from the date the proposed amendment to the variance becomes effective, a commitmeto issue title insurance policies naming the City as Additional insured for both the Biscayne Boulevard property and the rthedst 4th Avenue property, subject only to those exceions and encumbrances acceptable to the City Attorney. The app cant shall be responsible for the payment of all fees as•.ciated with obtaining and recording all the required d cuments. 91- 779 nearing the City of ^ fona he body wilt gtermer J nog 4439 t t l a r 1 1 : i L r•-i tJ LrEF T I SUBSTITUTED Sergio Rodriguez September 10, 1991 Page 3 We will be glad to wotk with you to consider alternatives which may he suggested regarding this matt IMA/lb/bss/P640 cc: A. Quinn Jones, itt, Acting City Attorney Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning G. Miriam Maer, Chief Asst. City Attorn Joel E. Maxwell, Chief Asst. City At •rney Thls suemRtal neetls}p eeschelUN ina ornanre wim emeimes set MIemI Code The applicatle tlxi Mwtheinbimation tthep wor m...eauon puelic hearnq in the City of making body rAl c bearing to render nal Aecl9 on. 14439 other 91- 779 SUBSTITUTED Miami Chinese Community Center, L 331 N.B. leth'9treet Miami, Florida 33132 October 2, ,1991 VIA TELEFAX AND REGULAR MAIL (579-33990 Joel Maxwell, Esq. Assistant City Attorney City of Miami Office of the City Attor e 100 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 Re: Miami Chinese Communi Center, Ltd. Your File No.: A-90 53 Dear Mr. Maxwell: Thls su ,,ttal needs to be.cheiul inarcordanre wpII2 a ess MlamlC -04appllratbd reNaw d,e In oo men edo \\`� naabo PZ- r a public hearing rtmaniheCltyof Mlnq body •AR uc hearir. to render a a nnai aeon. -14439 Please be advised t .we wish for a continuance of the Chinatown ._ matter • which ..has .been e . on ,the Commission agenda for the October 3, V _�•.. 1991:..City.- Commission sting. -We request a continuance in order to tl'obtaiadditional=;far to:.present to the City Com ission so that they 'aill•have.:T uffieien knowledge -with which to render a decision with regard: -to -'our :pendi • • requests. -- - In addition we request that the Commission modify the requirement for the time t• commence construction of Phase iI, to be three years from the date issuance of a final certificate ofioccupancy for Phase I. We re.aest that our matters be rescheduled to the Commission for .:October 2 1991. s. Tb k you. Very truly yours, Miami Cc By: (CC: Mr. G. Olmedillo - Planning Dept. inese Community Center, Ltd. Isaac ih 9!.- 779 SUBSTITUTED Sept. 11, 1991 Thp City �f Miami. r'it'. Manager ' 0 Fan Ameri n Drive, Miami. F1 3:1113 . r•Ar.tlp'nen: This submRtal needs to be scheduled for in accordance.. timelines eel to Miami Lobe. The spoke hie deed review tberecommtend at the pub' or PZ-2 Re: Rpnuest for Amendment to Resolution 91-'-2, entered January 24. 1991 This letter shall serve as our request to amend Resolution 91-92. entered January 24, 1991, in t e following respects: 1 Clarify the Declaration of Restctive Covenants ("Declaration"), to provide th t the mortgage holders consent to the Declar tion of Restrictive Covenants not be required, his modification is necessary due to the fact at the Declaration contains a unity of title The mortgage holders have objected to the uni y of title set forth in the Declaration in tha each one of the five mortgage holder's mor -ages encumbers different pieces of the real p operty which applicant owns. Attorneys for the o-jecting mortgage holders have stated that it is of possible for a mortgage holder to agree at such mortgage holder will unify the title o the entire property owned by the applicant. They have stated that each mortgage h.)1-r'must have the ability to foreclose its aortgag= and obtain title to the' portion of the real p •perty on which they have a mortgage. By joinin into the Declaration the; are under the bel'-f that no individual mortgage holder will he.abl= to obtain title to the property which their ortgage encumbers. TM.: (303) 3724200 NNW DMuL s Development CM. 331 M.E. 105 Strut, Mama, Raids 33132. USA (305) 3734256 ..../Page 1 tublic headng e Cityof amrereing nera ri gnritl era amedann. 91- 779 Fa: (305) 5T/4161 I SUBSTITUTED I Png Clianktmatpitf4 Cppt 11 1 n91 The City of Miami. City Manager. Miami Chinese Commodity Center, lid. .applicant believes that its covenants se Declaration. which provide that no fina of occupancy for the proposed improve issued until such time as automobile less than 80 automobiles has been p plans on file with the City of Mia 1990. together with the further in the Declaration provide adeq the proposed improvements will accordance with the terms and by the City and applicant. 2. Provide that. in lit.0 •.,f of credit, that the appl' the deed for the real o "A" attached hereto. t account for a period by the City Commiss a This submRtal need fo be scM1etlu led rcortl ante .p timel.d geli Ml,mi Lme. The appl'ra file tleecl reWew tbeiniormation at the pu —mmentlalion or PZ-2 forth in the certificate nts shall be arking for no vided as per dated November surances set forth e assurance that e constructed in onditions as agreed to rformance bond or letter ant deliver to the City perty described in Exhibit be held in the City's escrow f three years. unless released Applicant believe that the escrow so established. together with t covenants of applicant contained in the Declare on provide adequate assurance to the City that the •roperty will be developed in accord- ance with th terms and conditions agreed to by the City and ap-li•cant. • Based upon e foregoing. applicant requests that the City Commission at public hearing. amend Resea'ution 91-92, as requested erein. Thank •u for your kind consideration. Very truly y rs. 4aac Shih cc: Gloria Fox, Plang. Building & Zoning Department TM.: (306) 3724206 awl CM.n Dust Cam. 331 M.E. 111h Shut, Mani, Raids 33132, USA CM) 375 250 91- )fl9 Far (306) 577.1161 public M1eaedng ntbe City mrinlg t bony hearineWa r a decAgm rend era al deci9on. 16/24 edge pHoE'aL ; Y TEL 212-601-331. i..1170 1 424 BROADWAY CONDOMINIUM UNIT DEED THIS INDENTURE, made the 11th ciao of Decemher,,1986 by and between ISAAC and JOAN SHIM, 3806 Bailey Avenue, Bronx, New York (Grantor) grid ISAAC and JOAN SHIN husband and wife (having an office/residing at) 3806 Bailey Avenue, Bronx, New York, (hereinafter referred to as the "Grantee"). That Dollars and does hereby or auecesso WITNFSSET P the Grantor, in consideration of Ten ($10.00) other valuable consieieration paid by the Gr *rant and release unto the Grantee, and eh re and assigns of the C;rantea. forever: The Condominium Unit (hereinafter refer "Unit") known as Unit No. 1 in the hui (hereinafter referred to as the "Buil 424 Broadway Condominium and by the 424*426 Broadway, County of New Yor New York, maid Unit heing iiaigna and described as Unit No. 3 in a dated November 13, 1086, made h Article 9.8 of the Real Prone New York (hereinafter referr. "Condominium Act"), estahli condominium ownership of t (hereinafter referred to the Buildine is situate Particularly described and by this reference declaration was rare Register of New Yq Reel j Wl. page thereto are here the "Declarati Tax Lot 1001 of New York Assessment on the F1 Walter 26. 198 Asses 1986 a the on tee, airs o as the ire rig") known as rest number and State of d and described ertain declaration Grantor pursuant v Law of the State of to as the Ina a elan for e Building and the land a the "Land") upon which (which Land is more n Schedule A annexed hereto ade A mart rereoir, which dee in the Office of the City County on December 10, 1986, in which declaration and amendments after collectively referred to as I. This Unit is also designated as Block 209 of Section 1 of the City the Tax Map of the Reel Property uartrent of the County of New York and r Plano of rh. Building, certified by i and Associates, Architects, on -November end filed with the Reel Property nt Department of New York on December 9, Condominium Plan No.'373 and also filed in ffice of the City Register of. New York County comber 10, 1986, as Condominium Plan No. 373: This sucmi4lrmeee to lue scheduled in accordance with ti melines set f Miami Code. The eppllrzHe oleo ' realer,the information at the p recommendation o phdue hearing inthe City of matting ever heanngm renaerer a naleectaon. 16/24 SUBSTITUTED 91.... q79 e :as eau PHollriALTy .! PARCEL TEL 212-601-33 SCHEDULE 'A' CONTINUED ALL that certain lot, piece or parcel of land. situate, lying and bei in the Borough of Manhattan, City, County An: State .' New York, bounded an• described as follows: Thissub . nestle to heacM1etlile Wamicord ante eihtimelinss s Cotle. The appllrz He d • rMew Te Inbmadon a the re:onmlendatlon BEGINNING at a point on the Easterly side of Broadway distant No heriy 62 fet 1 inch from the Northeasterly corner of Broadway and Canal Stree RUNNING THENCE Easterly at right angles or nearly so to Bro ay, 9$ feet 4 inch*:;• THENCE Northeriy and parallel with Broadway or nearly s 25 feet; THENCE Westerly and at right angles to Broadway or n ly so, 98 feet, 1.1/2 inches to the said Easterly side or line of,8roadwa and THENCE Southerly and along same 24 feet 10 inche to the point or place of BEGINNING, be the said several idimensions more less. TOGETHER with all right, .title and interest, n and, to the Northerly portion of the building standing on above described pr muses and on the premises adjoining on the North; said Northerly portion of s d building being erected on land leased by Elizabeth Clarkson Jay to Eli S. Higgins, by lease dated May 1, 1868 and recorded in the Office of the Regi er of the County of New York, on July 1, 1868 and recorded in the Office of t Register of the County of New York, on July 1, 1868 in Liber 1064 Cp. 459. BEING the same premises which w e conveyed to Elias S. Higgins by Philo T. Ruggles, referee, by deed date ay 12. 1868 and recorded May 12, 1868 in Liber 1050 Cp. 505. • • continued a pubic M1earing hhtheebrof making hrrn ie M1earing to rentler e nnai aeciaon. -14439 SUBSTITUTED 91- 779 g it PARCEL R SUBSTITUTED SCR DULE 'A' CONTINUED l 'Si 1170N'Y . ALL that certain lot, piece or parcel of land, situate. lying and ing in the Borough of Manhattan. City, County and State of New York, now kn• n as 426 Broadway, 1n said Borough, being 25 feet in width in front and - sr and 100 feet in depth. be the $ame more or less and which lot, piece or par 1 of land was in end by a certain lease thereof dated the 1st of May, 1868 MA • by Elizabeth Clarkson Jay to Elias S. Higgins, bounded End described as •11ows: ALL that cerettn lot or parcel of land until lately in to occupation of Cornelius McLean of James M. McLean and bounded Wasterl in front by Broadway, Southerlyaby a lot of land of Elias S. Higgins until •tely in the occupation of said Cornelius McLean or James McLean, Northerly by line parallel to Howard Street and distant therefrom 50efeet and in the re , Easterly by a line parallel with Broadway and distant therefrom 100 feet, the aid lot hereby demised being 25 feet in width and 100 feet in length, be the ame more or less. This submRtal mane. be castle in accedence.. timelines s, Miami Lore. The applicable d reNewtheinfermation at the recommence. PZ TOGETHER with all the right. title and into st in and to any strips or gores of land embraced within or adjoining the abov described premises or any part thereof. Premises known as 424-426 Broadwa 14NOWIRglftellielimpol, Manhattan, • • 91_ 779 r a public Aeanno rib el Me City of en -making hotly edU gc tieariedm render P.M.... -14439 i1r Together with an undivided 7.57 interest in the Common Elements (as such term is defined in the Declaration): Together with the aenurtenances and all the estate end rights of the Grantor in and to the Unit; Together with, and suhiecr to, the rights, ohlims- tions, easements, restrictions snd other nrovielons set forth in the Declaration and the By -Laws of 424 Broadway Condominium, as the acme may be amended from time to time .!hereinafter referred to as the "Bv•Laws"), elI of which shall constitute covenants running with the Lard end shall hind [env Denton having at any time env interest or eatar.e in chs Uric as though recited en stipulated at length herein: TO HAVE AND TO HOLD the same unto the Grantee, and heirs or successors and *soigne of the Grantee. forever If any provision of the Declaration or the By-L a is invalid under, or would cause the Declaration or the v-Lays to he insufficient to submit the Property to the prow ions of the Condominium Act, or if any provision that is nece ary to cause the Declaration and the Av-Laws to he sufficient o pubmit the Property to the provisions of the Condominium is mitaine from the Declaration or the By -Laws, or if th •eclaration and the By -Laws are insufficient to submit the Pe•Derty to the Provisions of the Condominium Act, the apol .able provisions of Article 18 of the Declaration shall control The Grantor, in compliance with S tion 13 of the Lien Law of the State of New York, covenant that the Grantor will receive the consideration for this co evance and will hold the right to receive much conaideeration .P s trust fund for the purpase of paving the cost of the orovea+enta at the Property and will apply the acme first to e .x navmeant of the cost of such improvements before using a Dnrt of rho same for env other Durpoaea. The Grantee accepts an ratifies the provisions of the Declaration and the By -Laws and anv Rules and Regulation* adopted under the By -Laws) and agrees to comply with all the term* end provisions the of, as the acme may he amended from time to time by inetrum- to recorded in the Office of the Register of the City o New York, New York County. The term "Graee" shall he, read as "Grantees" whenever the sense of this denture so rQnuireid. This submtlal needs. be schedule.M1! in accordance eelmeliness Mia ii Cale. The eimiice. cl ' review the Information at the recommend. on n - PZ- a pu. bearing h In iM1a Citya making l is basing to render rentler e anal aecldon. -14439 91- 779 �� irr+ 1170n 1 IN WITNESS WHEREOF, the Grantor and the Grantee heve duly exeoutd this indenture ea of the clay {dad year first shove written. 0571D • by : hv. • JOA /9A Ax. Ate. 079-t .J/PA=4f,t44 izei/ tliazzitaa- ✓'^Mai R/. d4.4446 ant? This suhmtlal needs. be scheduled in accordance wipM1tlmelinss set Miami Cole. The applina He deci rMew., In.mtatlon at the p hearing th C In the ith of •making hotly wil hearing to render a nal decision. 14439 •91— 779 /I/ Thlssubmdtal needs to be sch in accordance with timell Miami Cccle. The applica renewtheinfocnaUon reMnIrrien ed for a public hearing set forth in the City of eusion-rnaking betlywilt e public hearing to render a on or a final decision. 22-14439 01/16/24 RECORDED OY COUNSEL ABSTRACT INC 111 GREAT N;:CK RD. GREAT NECK, N.Y. 11021 il (SPACE ABC TMIS LINE FOR RECORDING OhT4111 WORDS USED OFTEN IN THIS DOCUMENT (A) "Mortgage" This document, which is dated' July 30, 1990 will be Called the "Mortgage." (3) "Borrower" tSAAC SHIN ano JOAN SHI11, his whew residing at J804 Dailey Avenue, 1E1, Bronx, Ncw Yhr{a 10443 will be called "Borrower" and sometimes simply "I" or "me".' (C) "Lender" Asia Bank, N.A. will be called "Len• r." Lender is a corporation which exists under the laws • the United States. Lender's address is 135a-34 Roosevelt venue, Flushing N.Y. 11354 (D) "Note" The not.: ::ignod by Borrower - d dated July 30, 1990 , will be called the "N- a." The Note now that•I owe lender ONE MILLION ONLY and 00/100 U. DOLLARS (5 1,000,000.00 ) plus interest. I have promi ed to pay this debt in monthly payments of $11361.')0 at the yearly rate of 12.5% and to pay the debt in full •y August 1, 1995, (E) "Property" The property that is des ibex below in the paragraph titled "Description of the Property will be called the "Property." . (F) "Sums secured" The amount described a low in the paragraph titled "Borrower's Transfer to Lender of 'ights in the Property" sometimes will be called the "Sums secur-d." 1. BORROWERS TRANSFER TO LENDER OF GHTB IN THE PROPERTY I mortgage, grant and convey t Property to Lender subject to the terms of this Mortgage. Th , means that, by signing this Mortgage, I am giving Lender thos rights that are stated in this Mortgage and also those rights t at the law gives to Lenders who hold mortgages on real property I am giving Lender these rights - to protect Lender from possi a losses that might result if Z fail to: (A) Pay all the amounts th I owe Lender as stated in the Note; (B) Pay, with interest, y amounts that Lender spends under. Paragraphs 6 and 11 of t. s Mortgage to protect the value of the property and Lender's r hts in the Property; and (C) Keep all of my her promises and agreements under this Mortgage. 2. DESCRIPTION 0 THE PROPERTY I give Lend r rights in the Property described in !A; through (J) bolo : (A) The Pr••erty which its located at 424-424 Hro3dwey, UnIt No. 1 (Base ent and 1st Floor). New York, 1Tw fo{k u MPs s This Proper is in mow Ynr4 County. It has the following egal description: SEE SCHEDULE "A" HERETO ATTACHED SUBSTITUTED Thls submtlal needsto be scale. In accordance wen n mellnes. halannCode The apclles He review the lnbnnenon at th recpmmendab 91- 779 ea pubdc bearing Mead the cly rn making edyw,l b,c bemingto mMer a rafroldeddon. -14439 1/16/24 /6 Soo. 's '91 16:44 9 ANTHONY F. LAMA REALTY SERVICES INC. NEW YORK, N.Y. — HOBOKEN, NJ, REAL ESTATE APPRAISING AND CONSULTING ANTHONY E LAMA, 1Mi, SRA PU 0 4 • LETTOR 0! 'i9ANSMI'IT94, September 22, Mr. John'0. Kenyon, IUi vice President Chemical sank 277 Park Avenue New York, New York 10172 This submtlal needs. be scheduled do in accordance wilhtl inclines set Miami Cole. The applinakee decisi rMew., In.mtabon at the pu In MST 3t N�11 YORK t00t6 3224B5•9i tmRY to Sig ' MS MEET NO KEN, NJ 01o3o 30 20.00S0 AX M 201.420•1714 Condominium tit 1 ar'Y Hems lock, Sat rack Black 309 Lot 1001 Dear Mr. Kenyon: Pursuant to your request, have appraised the captioned condominium unit located within the 424 - y sportswear Cocdominiu+Building situated on the east side of Broadway tvesn Canal and Howard Streets in the borough of Manhattan, New York Count , Nev York. The property is condominium building building area. The floor and 3,551 SP a site containing 20 Manufacturing Dis ict. The herein decor Conditions The in the with a 6-story and basement commercial/loft trusted about 1900, containing 26,400 S!' of gross jest aandaminium unit contains 4,020 sr an the first basement fora total of 7,571 SP. It is situated on square last (50'3/4" x 98'41/4") and zoned H1-5s, Light of the swami is to estimate the market value of the propeortyy abject to the Market riles definitions and Limiting forth i appraisal report. ty rights appraised are of the unencumbered fee simple estate in described property. SUBSTITUTED ubdc bearing In the Lib. of making hotly wil bearing. render al decision. 91-_ 779 40 ANTHONY F. LAMA REALTY SERVICES, INC. Mr. Jahn G. Kenyon Ras 424 426 Syr, New Ycck, New Ycck S.ptexfaer 22, 1909 Page 2 we have inspected the subject property on September 22, 1989 and researched available market data. In our opinion, sufficient de was obtained to enable us to reach en estimate of value. Descriptive mate- al and supporting data together with our findings are sot forth in the •- aisal report. In arriving at an estimate of value, all factors a.aumptions developed in preparing. the report have been considered. tan the is of these factors, it is our opinion that the market value of the sub! - property as of September 22, 1989 is: One Million Six Hundred Thousand Doll ($1►600,000) Reaps- fully submitted, thony F. Lame, MAI, SRA President Thls subntlal needs.. scheduled In accordance wen nmeunes sec WennCode The appllcone deci' review the!aromaa/. at the p rspmme:nd...n 773 /5„ pubdc hearing In meay or •making body. hexing. render nal deem.. SUBSTITUTED .1-91-57(a) 1:24191 RESOLUTION NO. '/ " 9 2 A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING PEQUIREMENTS," AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE POOT COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9' REQUIRED), 981/31,639 SQUARE FEET OPEN SPACE (64%/34,970.21 SQUARE FEET REQUIRED); 171/9,200.43 SQUARE FEET PEDESTRIAN OPEN SPACE (214/11,474.6 SQUARE F REQUIRED); AND ELIMINATING THE REQUIRED VI CLEARANCE AT THE INTERSECTION OF •ISCAYNE SOUL AND NORTHEAST 18TH STREET FOR THE PROPERTY AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, ALSO DESCRIBED AS TRACT A, TENTATIVE 1380 - "CHINATOWN", AS PER PLANS ON F NOVEMBER 7, 1990, SAID VARIANCE HAY LIMITATION UNTIL MARCH 2, 1991 IN IONIC PERMIT MUST BE OBTAINED, AND BEING CO THE FOLLOWINGt (1) THE 80 PARK INDICATED ON PLANS ON FILE DATED N MUST BE PROVIDED ON THE BACK POR (THE NORTHEAST 4TH AVENUE PROP SPACES (AS PER PLANS ON FILE 1990) MUST BE PROVIDED PR CERTIFICATE OF OCCUPANCY; (3 TRACT A, WHEREBY THE NORTH SHALL NOT BE SOLD SEP BOULEVARD PROPERTY, MUS ISSUANCE OF A BUILDING THAT THE APPLICANT PR AT AN ALTERNATE APPLICABLE CITY CO THE APPLICANT UAL THAT THESE SPACES OF THE BLOCK; PLAN APPROVAL DEPARTMENT OF REQUEST FOR FOR PARKIN HEARING 0 PUBLIC H APPLIC APPROV APPLI TO TH V ON ARD ATEO RIDA, T N0. E DATED G A TIME A BUILDING ITIONED UPON SPACES (AS EMBER 7, 1990) ON OF THE BLOCK TY); (2) PARKING DATED NOVEMBER 7, R TO ISSUANCE OF A UNITY OF TITLE FOR ST 4TH AVENUE PROPERTY ELY FROM THE BISCAYNE BE PROVIDED PRIOR TO PERMIT; (4) IN THE EVENT IDES THE 80 PARKING SPACES ATION IN ACCORDANCE WITH PROVISIONS AND REGULATIONS, SE EXEMPT FROM THE REQUIREMENT BE PROVIDED ON THE BACK PORTION SAID PLAN MUST RECEIVE LANDSCAPE THE PLANNING, BUILDING AND ZONING E CITY OF MIAMI, FLORIDA; (6) ANY GES TO THE HEREIN -REFERENCED PLAN SPACES MUST SE PRESENTED AT A PUBLIC THE ZONING BOARD, SAID REQUEST FOR RING TO BE INITIATE0 AND PAID FOR BY THE AND (7) A COVENANT SUBJECT TO THE OF THE CITY ATTORNEY, WHEREBY THE T AGREES THAT THE PROPERTY WILL DE SUBJECT E HEREIN LISTED CONDITIONS, MUST BE FILED IN PUBLIC RECORDS OP DADE COUNTY, FLORIDA; SAID IANCE BEING ALSO CONDITIONED UPON THE APPLICANT STING A PERPORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF S250,000.00 VALID rOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OP THE APPLICANT'S PROJECT WILL BE C0MMSNCED. > �.•�,!ON crr cc�. z r� or .%••241991 Thls submRtal an.: mbe sc .1 ,laccoMess MamiC 1e. Theappl'T'a Ned reWew Meinbmnaoona . Me PZ r a public Rearing rib e,e City M on-maNbodyWU k Aearinq m render a a finedecison. —14439 91 '-- 779 !9 4 PUBSic SUBSTITUTED WHEREAS, the Miami Zoning Board at its meeting of December 3, 1990, Item No. 2, duly adopted Resolution Z9 115-90 by a six to zero (6-0) vote granting a variance as hereinafter set forth; and WHEREAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the variance; and WHEREAS, the City Commission, after careful consideration thi+lmatter finds that there are peculiar circumstances affec ng this parcel of land and that practical difficulti and unnecessary hardships exist which would impair the owns s right to the reasonable use of the property without t grant of variance as hereinafter set forth; NOW, THEREFORE, SE IT RESOLVED BY THE COMM -ION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and fi ings contained in the Preamble to this Resolution are her y adopted by reference thereto and incorporated herein es f fully set forth in this Section. Section 2. The dec ion of the Zoning Soard in this matter is affirmed and th request for a variance from Ordinance No. 9500, as emended, t Zoning Ordinance of the City of Miami, Florida, Schedule of .!strict Regulations, Page 4 of 6, "Minimum Open Space Requ ements", and "Minimum 0ffstrset Parking Requirements," nd Article 20, Section 2008, Subsection 2008.9.2.1, S tion 2013 and Section 2023, Subsection 2023.4, to thereby al w the construction of a 70,025 square foot commercial building providing zero (0) of 316 required offstreet parking space zero (0) of three (3) required offstreet loading bays; 0' fro setback (10' required); 0' side street yard (7.5' quired); 8' side yard (42.9' required); 584/31,639 square feet open space (641/34,970.21 square feet required); 174/9,200.43 square feet of pedestrian open space (214/11,474.6 square feet 0 NOTIC This subrMal needs to be scheduled fo in accordanceppIrallnee set fo .pllra Miami Cade The pble deGe replew the lnfomation at the pu recmtmentlMton or PZ-2 ublic hearing in the City of eking hotly wil earing to rend.'a al decider! 4439 16/24 R'.View c 91- 779 Q`• 1. required); and eliminating the required vision clearance at the intersection of Biscayne boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, being conditioned upon the followings (1) the 80 perking sp ces (asaindicated on plans on file dated November 7, 1990) st be provided on the back portion of the block (the Nort ast 4th Avenue.propertY)j 2).perkinq agaces,.(as fgr.plans o filf-dated Certificate of Occupancy; (3) a Unity of Title or Tract A, whereby the Northeast 4th Avenue property sha not be sold separately from the Biscayne Boulevard propert , must be provided prior to issuance of a building permit; (4) the event that the applicant provides the 80 parking spaces an alternate location in accordance with applicable Ci Code provisions and regulations, the applicant shall be swept from the requirement that these spaces be provided on a back portion of the block; (5) said plan must receive ndscape plan approval by the Planning, Building and Zonin• Department of the City of Miami, Florida; (6) any request -r changes to the herein -referenced plan for parking spaces st be presented at a public hearing of the Zoning Board, said equest for public hearing to be initiated and paid for by th applicant; and (7) a covenant, whereby the applicant agrees at the property will be subject to the herein listed conditi- s subject to the approval of the City Attorney, must be file • in the Public Records of Dade County, Florida; said variance ing also conditioned upon the applicant posting a perform ce bond or letter of credit in the amount of $250,000.00 valid for a period of three years following the date of this Re.-lution to guarantee that the required parking will be ovided and that the construction of the second phase of the applicant's project will be commenced. This submRtal nee. m be scIt in accordance,. rimeli Miami Code. The appl'ra reWewtbeinfomradon revonynen led fora public M1eadng setfn-m krr! CityM ticc¢lon-making body will e pu b�c Aearinq m render a o final deci9on. 22-14439 01/16/24 9j. 779 a/ Section 3.• ' e Resolution shall become effective immediately upon its edoption. PASSED AND ADOPTED this 24th day of , 1991. CITY CLERK PREPARED AND APPROVED SY * .aleteliLo T7 MI RIM MST CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS* JGE L. C Y ATTOR EY CMMjrma/lb/M1?74 • XAVIR . Sf ► OR I e I This submtial needsto tie schedule in accordance wilM1tl inclines s Miami Cale. The applim He tl re•ew the information at th recommendaho ra public hearing rlh In the Llty of co•rna hotly aWl is hearing to render a final decision. as y4 - 779 8. OPINI0i OP TITLE TO: THE CITY OF MIAMI, a political subdivision of the State of Florida in r�.oa.lnu ree.. vmetines Warn Code. The eppllre. reJewtha lnfometion at recommen. fora public hearing forth In the Cityoi taion-rnelehg hotly will uhlic hearing to render ore final decision. 2-14439 1 /16/24 With the understanding that this opinion of t le is being furnished to the CITY OF MIAMI, FLORIDA, it is h- eby certified that we have examined the public records of Dade aunty, Florida, covering the period from the BEGINNING to Septe •er 24, )99), at 8:00 A.M., inclusive, of the following describe real property: Lots 2, 6, 7, 10, 11 and )2, B •ck 6, of MIRAMAR SUBDIVISION a/k/a THIRD MENDED MAP OF MIRAMAR, according to the P1- thereof, as recorded in Plat Book 5, at P.ge 4, of the Public Records of Dade County Florida. Basing our opinion on said ex- ination of title, we are of the opinion that on the last menti ed date the fee simple to the above described real property was Dated in: MIAMI CHINESE COMMUN Y CENTER, LTD., a Florida Limited P- tnership. Subject to the fo owing encumbrances, liens and other exceptions: GENERAL EXCEPTIONS I. All taxes for e year 1990 and subsequent years. 2. Rights of p sons other than the above owners who are in possession 3. Facts th would be disclosed upon accurate survey. 4. Any u ecocded labor, mechanics' or materialmens' liens. 5. Zon g and other restrictions imposed by governmental a osity. 6. 11 matters set forth on Plat of CHINATOWN, as recorded in Plat Book )40, at Page 48, of the Public Records of Dade County, Florida. SPECIAL EXCEPTIONS . Easements, reservations, restrictions, dedications and rights -of -way as shown on the Plat of MIRAMAR SUBDIVISION a/k/a THIRD AMENDED MAP OF MIRAMAR, recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida. As to Lot 2: Mortgage executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, dated March 27, )990 in favor of Eastern National Bank, filed for record on March 27, )990 in Official Records Book )4484, Page 3078 of the Public Records of Dade County, Florida. As to Lot 2: 9. Ass gnment of Leases executed by Miami Chinese Community Center, Ltd., a Florida limited partnership on March 27, )990, in favor of Eastern National Bank, filed for record in Official Records Book 14484, at Page 3090, of the Public Records of Dade County, Florida. 91-- 779 d3 rnia eaem.t.tneeds m be so., In accordance Pith timeliness= Kenai cafeme applicable a review Me inform.. at ih recommend.° As to Lot 2: 10. UCC-1 Financing Statement wherein Miami Chi Center, Ltd., a Florida limited partnership and Eastern National Bank is the secured party record on March 27, 1990 in Official Records Boo Page 3095, of the Public Records of Dade County As to Lot 2: 11. Dedication to the perpetual use of the publ , the streets, avenues, drives, boulevards and alleys sho upon the Plat of MIRAMAR except as therein set forth pia'-d March 31, 1917 and filed April 19, 1917 in Deed Book 16 , Page 473, of the Public Records of Dade County, Florida. As to Lot 12: 12. Mortgage executed by Miami Chinese Florida limited Partnership, dated of Interamerican Engineering Cor on January 12, 1989 in Official 427, of the Public Records of D a pueu, hearing dh lathe City of to-making hotly wig hearing le renders ennatdeclaon. -14439 lorida, As to Lots 6, 7, 10 and 11: 13. Covenant running with the 1980 in Official Records rerecorded on October 9 10894, Page 766, of t Florida. 14. Mortgage and Securi by Louis LaFontise filed March 14, 1472 of said Modification of as modified dated August of Note and subject to 10, 1988 13892, P unity Center, Ltd., a anuaty 12, 1989 in favor ration, filed for record ecords Book 13960, at Page e County, Florida. nd, dated and filed October 8, Book 10893, at Page 2186, and 1980 in Official Records Book Public Records of Dade County, Agreement dated March 10, 1983 given as Trustee to Consolidated Bank, N.A., 83 in Official Records Book 11724, Page ublic Records, as modified by First ote and Mortgage dated June 27, 1983, and Second Modification of Note and Mortgage 1985, and as modified by Third Modification ortgage dated May 29, 1986, which mortgage is hat•certain Assumption Agreement dated November filed November 13, 1988 in Official Records Book e 677, of said Public Records. 15. Finan.-ng Statement UCC-1 executed by Louis LaFontisee, as Trus e, in favor of Consolidated Bank, N.A., filed March 14, 1983 in Official Records Book 11724, at Page 1488, of s- d Public Records. 16. ollateral Assignment of Leases and Rents executed by Louis aFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed March 14, 1988 in Official Records Book 11724, Page 1491, of said Public Records. 7. Covenant Running with the Land executed by Louis L. LaFontisee, Jr., in favor of City of Miami, relating to parking facilities in connection with the lease from Louis L. LaFontisee, as Trustee, to Zum Alters Fritz, dated August 21, 1984, filed August 22, 1984 in Official Records Book 12245, at Page 1628 of said Public Records. 18. Financing Statement UCC-1 executed by Elisabeth Yamahoha d/b/a Zum Alters Fritz, in favor of Southeast Bank, N.A., as to all restaurant and kitchen equipment located or used in the operation located on Lot 6, Block 6, of the subject property, filed in Official Records Book 13276, Page 1914 of said Public Records. 19. Resolution No. R-729-86 passed by the Board of County Commissioners of Dade County, on June 17, 1986 entitled "Resolution Adopting The Method Set Forth In Section 197.363, Florida Statutes, For Collecting The Special Assessments To Be Levied In the Special Assessment Project Area Known As the Execution Of The Downtown Component Of Metrorail (DCM) Project, If And When Such a Project Area Is si - 779 c24 SUBSTITUTED A< eC Created By County Ordinance, So As To Enabi Assessments To Be Collected As Though They w Taxes" filed June 17, 1986 in Official Record Page 2618 of said Public Records. 20. Mortgage given by Miami Chinese Community Center, Florida limited partnership, to Louis LaFont' Trustee, filed November 14, 1988 in Official Re 13892, Page 689, of the Public Records of D Florida, which mortgage was collaterally ass owner and holder thereto to Consolidated pursuant to that Certain Collateral As November 10, 1988, filed November 14, 1 Records Book 13892, at Page 694, of said Pu as reflected in that certain Security Ag LaFontisee, Jr., as Trustee, in favor o N.A., dated November 10, 1988, and file 21. VCC-1 Financing Statement executed Trustee, in favor of Consolidated B 14, 1988 in Official Records Boo said Public Records. This eubrtlal needs. be scheduled in r,ordance with timelines set 1 Miami Cale. The appllrz He deci.' review., information at me p recommendation o PZ-2 public M1earing In YM1e Ltiy of mom,. nearmy. venderrneara nal aecison. 14439 ee, as rds Book County, i ned by the Bank, N.A., gnment dated 8 in Official is Records, and Pment from Louis Consolidated Bank, November 14, 1988. e Louis LaFontisee, as k, N.A., filed November 13892, at Page 697, of 22. UCC-1 Financing Statement ecuted by Miami Chinese Community Center, Ltd., a F rida limited partnership, in favor of Consolidated Bank, .A., filed November 14, 1988, and recorded in Official R.. ords Book 13892, at Page 684 of said Public Records. I, the undersigned, f ther certify that I am an attorney - at -law duly admitted to p =ctice in the State of Florida, and a member in good standing • the Florida Bar. vbr188504/R1-3 Respectfully submitted, BEDZOW KORN KAN & GLASER, P.A. 11077 Biscayne Boulevard P.O. Box 61-9002 Penthouse Suite Miami, Florida 33261-9002 Phone: 305/895-2520 (Dade) Telecopier (305) 895-1'421 By: !!•`'� ,NARY L. BROWN 91 7'79 c7 SUBSTITUTED L 0 4p PUBLic Z OPINION OF TITLE TO: CITY OF MIAMI, a political subdivision of Florida. NOTIC Thla euemewn needs m ee sober.. In accordance whh tl mellow set f Komi Code. The barricade cr. ' redouble information at the p re[nmmennatlon o With the understanding that this opinion of titl nished to the CITY OF MIAMI, it is hereby certified that examined the complete Abstract of Title completely cov period from the BEGINNING to September 24, 1991 at inclusive, of the following described real property: A11 of Lots 3 and 13, Lots 4, 5, 8, 9 a 14, less the West 40.00 feet thereof, d the 10.00 feet alley lying North of .nd adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent said Lot 9, Block 6, "MIRAMAR" (also own as the "THIRD AMENDED MAP OF M'• "), according to the Plat thereof, recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Flori•-. Basing our opinion on said comp to abstract covering said period we are of the opinion that on he last mentioned date the fee simple title to the above descr •ed real property was vested in: PZ-2 mmt euae rib ,of of -mwir M1eederd rigi rcrvtls era naieeciaon 4439 /16/24 MIAMI CHINESE COMM TY CENTER, LTD., A FLORIDA LIM • PARTNERSHIP :VIEW ing ing the 00 A.M., Subject to the following en ,mbrances, liens, and other excep- tions: EXCEPTIONS As to all of the proper 1. All taxes for t year 1990 and subsequent years. 2. Rights of pe dns other than the above owners who are in possession. 3. Facts•tha would be disclosed upon accurate survey. 4. Any unr orded labor, mechanics' or materialmens' liens. 5. Zoni and other restrictions imposed by governmental aut,.rity. 6. matters set forth on Plat of CHINATOWN, as recorded in lat Book 140, Page 48, of the• Public Records of Dade County, Florida. SPECIAL EXCEPTIONS 7. Conditions, covenants, limitations, easements and reserva- tions, contained in Plat of THIRD AMENDED PLAT OF MIRAMAR, as recorded in Plat Hook 5, Page 4, of the Public Records of Dade County, Florida. 8. Dedication dated January 25, 1917, filed March 30, 1917, in Official Records Hook 162, Page 414, of the Public Records of Dade County, Florida. 9. Dedication dated March 31, 1917, filed April 19, 1917, in Official Records Book 163, Page 473, of the Public Records of Dade County, Florida. a6 s1 - 779 � Qv 10, Resolution No. R-729-86 passed by the Board o missioners of Dade County, on June 17, 19 "Resolution Adopting The Method Set Forth 197.363, Florida Statutes, For Collecting Th Assessments To Be Levied In The Special Assessmen Area Known As The Extension Of The Downtown Compo Metrorail (DCM) Project, If And When Such A Projec Area is Created By County Ordinance, So As To Enable Su• Special Assessments to Be Collected As Though They Were d Valorem Taxes" filed June 17, 1986, in Official Record ook 12923, Page 2618, of the Public Records of Dade Count , Florida. As to Lots 5 and 8: 11. Covenants running with the land, dated Oc in Official Records Book 10893, at Page on October 9, 1980, in Official Reco 766, of the Public Records of Dade Co August 21, 1984, recorded in Offic' Page 1628 of the Public Records of This submtlal needs. he ache.. In accordance wIt nmeuness Miami Cetle. The appllrane d redeval, Information at th recommend.° ra suede hearing el In the City. on•rnaking hotly wit is hearing. renders final decision. -14439 ber 8, 1980 filed 86, and rerecorded s Book 10894, Page ty, Florida and dated 1 Records Book 12245, de County, Florida. As to Lots 3, 4, 5, 8 and 9 and the 00 feet alley lying North of and adjacent to Lot 5: 12. Mortgage and Security Agree m• t dated March 10, 1983, given by Louis LaFontisee, as Tr -tee to Consolidated bank, N.A. filed March 14, 1983, in ► ficial Records Book 11724, Page 1472, of the Public Rec rds of Dade County, Florida, as modified by First Modi cation of Note and Mortgage dated June 27, 1983, and a- modified by Second Modification of Note and Mortgage dat . August 30, 1985, and as modified by Third Modification o Note and Mortgage dated May 29, 1986, which mortgage is --bject to that certain Assumption Agree- ment dated Novemb 10, 1988, filed November 13, 1988, in Official Record- Book 13892, Page 677, of said Public Records, under ich the said mortgage was assumed by Miami Chinese Commu ty Center, Ltd., a Florida limited partner- ship. 13. Financing - atement UCC-1 executed by Louis LaFontisee, as Trustee, n favor of Consolidated Bank, N.A., filed March 14, 198 in Official Records Book 11724, Page 1488, of the Public ecords of Dade County, Florida. 14. Coll eral Assignment of Leases and Rents executed by Louis LaF tisee, as Trustee, in favor of Consolidated Bank, N.A. f ed March 14, 1983, in Official Records Book 11724, Page 91, of The Public Records of Dade County. * 15. Mortgage given by Miami Chinese Community Center, Ltd., a Florida limited partnership, to Louis LaFontisee, as trustee, filed November 14, 1988 in Official Records Book 13892, Page 689, of the Public Records of Dade County, Florida, securing the original principal amount of $527,500.00, which mortgage was collaterally assigned by the owner and holder thereto to Consolidated Bank, N.A., pursu- ant to that certain Collateral Assignment dated November 10, 1988, filed November 14, 1988, in Official Records Book 13892, Page 694, of the Public Records of Dade County, Florida. 16. UCC-1 Financing Statement executed by Louis LaFontisee, as Trustee, in favor of Consolidated bank, N.A., filed November 14, 1988, in Official Records Book 13892, Page 697, of the Public Records of Dade County, Florida. 17. UCC-1 Financing Statement executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, in favor of Consolidated Bank, N.A., filed November 14, 1988, and recorded in Official Records Book 13892, Page 684, of the Public Records of Dade County, Florida. 91 - 779 (7 As to Lots 13 and 14: 18. Mortgage from Miami Chinese Community Center, of Citicorp Savings of Florida, dated Novem recorded November 10, 1988, under Clerk's 88R-407319, in Official Records Book 13888, at securing an indebtedness in the sum of S263,500., together with an Assignment of Leases and Rents, file• in Official Records Book 13892, at Page 38, and UCC-1 Fi•=ncing State- ment filed in Official Records Book 13892, •t page 42, of the Public Records of Dade County, Florida. This Submit,. reeds to be Imes l in accordance wren la manes Miami Code. The eprioal .e redewihe information at nh rzmmmendeuo a phbuC hearing orth inthe CrryW -malr'ing body adu W heanngtorender. anna.deciaon. -14439 NOTE: AS TO THE 10.00 FEET ALLEY LYING SOUTH D ADJACENT TO LOT 9 AND THE 10.00 FEET ALLEY LYING NORTH OF ANADJACENT TO LOT 5, MIAMI CHINESE COMMUNITY CENTER, LTD.'S 0 SHIP IS SUBJECT TO ORDINANCE TO VACATE, ABANDON AND CLOSE SA - ALLEYWAYS FILED WITH THE CITY OF MIAMI. Wherefore it is our opinion that e following parties must join in the platting of the above -scribed real property in order to grant the CITY OF MIAMI a'• DADE COUNTY, FLORIDA, and the public, a good and property tle to the dedicated areas shown on the final Plat of the af• edescribed property, the sub- division thereof to be known as CHINATOWN and that Miami Chinatown Development, Corp., - Florida corporation, as general partner of Miami Chinese C. unity Center, Ltd., a Florida limited partnership, is the p •per signatory to the Plat. 1. NAME SPECIAL EXCEPTION INTEREST NUMBER 1. MIAMI CHINESE CO ITY CENTER, LTD, a orida limited partner- ip Owner 2. LOUIS LaFONT -EE, as Trustee Mortgagee 15, 16 3. CONSOLIDA',D BANK, N.A. Mortgagee 12, 13, 14, 15, 16, 17 4. CITICO- SAVINGS OF FLORI' Mortgagee 18 I, he undersigned, further certify that I am an attorney - at -law .uly admitted to practice in the State of Florida, and arna memb in good standing of the Florida bar. Respectfully submitted this 1st day of October, 1991. vbr188503/R Bedzow, Korn,, Kan i Glaser, P.A. 8Y: . „ r�� ✓r!/� 94 - 7'79 AMEIIICANt StitutEOPREALESTATEAo�rAISERS MEMIJSR • CORAL SA/LEI BOARD CO R►ALTOR$ JAMEL L AONER. MAI ORE00RT M. OuNTER, MAI TNOMAS P. MAOLNNEIMCR 3, MARK QIJINLIVAN, MAI, SRPA PROFESSIONAL ASSOCIATION REAL ESTATE APPRAISERS $ CONSULTANTS $»0 S.w. TArw STRUT. SUITE 300 SOUTH MIAMI ILOR10A 33,43 Miami Chinese Community Center, Ltd. 1823 Biscayne Boulevard, Suite 14 Miami, Florida 33132 Gentlemen: We have recently completed an Appraisal Report • your land parcel located on the east side of Biscayne Boulevard between N.E. 8th Street and N.E 19th Street, Miami, Florida SCCIITv OK REAL ESTATE A MEMSER • FLORIDA Aeaoc ATION TILER This submi4l reeds to beached. in accordancewinnmeon� Miami Co.. The applicable Newer. lnhxmegon at VI recom mend. 66346,1 A )< $li.IHQt October 1991 The value of the total site was esti ' • ted to be S3,475,000. According to information you have sent to me, the ortgages on the property total S2,454,200. Based on our estimate the equin the property would be as follows: Estimated Value Mortgages Equity $3,475,000 2.454.200 $1,020,800 a public hearing orcmanme City, body will Mc hearing to render a r afinaldecidon. -14439 �- 779 SUBSTITUTED OLMAgt SUL. CP <° 11111111111111 Miami Chinese Community Center, Ltd. Oct. 1. 1991 Mr. Joel E. Maxwell. City Attorney. Amerifirst Bldg.. 1 S.E. 3rd Ave.. llth floor. Miami. FI. 33131. Dear Mr. Maxwell. 4�� Q=pU'SLIc4, a et Ga NOTI This enemaaineeds m he seneeu in ccordanmwltlh timelines Miami Cafe. The applcahle review Vte lnlamalbn al r recommend. As per our meeting yesterday. we are pl--sed to enclose the following for your perusal. Annex 1 copies of MAI appraisal c lot of Chinatown. ering the whole Annex 2 - copies of title insure ce policy covering 4 pieces of land. Annex 3 - copies of contract ith the 5 mortgages. Please note that the opini of Chinatown will be subtted by our attorney Gary Brown within today. VQurs sincerely. MIAMI CHINESE C• MLTNITY CENTER LTD. of title covering the whole lot /AC ENCL. SHIH (906) 372.5209 Mimi Maim oww.ror..t Corp. 331 N.E. leas Stmt. Wont. Reda 33132, USA (303) 3754295 as poeue nearing o-m.in e. cityor elcmalJng ioEywill neatlng to veneer a r afinaleecl9on. -14439 1/16/24 JO )110 10. 7 10 '1dA 0 16.uagEZ1 130 91-- 779 Fax: (306) 571.e061 30 44 TN.; jam) 372-520e SUBSTITUTED An ACP Eig a CP#s Mlmni Chinese Community Center, Ltd. ANNEX 1 **macs This au bmtlal needs.. scdedu led in accordance wdM1 tlnetnee set Miami Code. The anon,. deci� review fie. Information at the pu recomendadon or PZ-2 91- 779 MINNcJ Developing Corp, 331 N.E. 1111h Sunk MIs ni, Raids 33132, USA (306) 37542511 Far (305) 5771N1 public nearing In the Gay, maid, holy will heanmto render a nal deoson. TN.: (306) 372.5200 ANNEX 2 sssssss N t;talgalnr. Doti purest Cop. 331 M.E. fah Stfwt, Mani, Roffd$ 33132, USA 3754266 ilia same -tat needs. to scheduled in ccordance wilt nmeiines a ` Kami C.a. The appdutle d-' 5 renewme information atthe recommendation PZ- a pet tlic hearing h in the Olyot rt-ma king hotly WI 'c .aring to render a final decision. -14439 /16/24 91- 779 Fax: (306) 571.6e61 1) MORTGAGE PROPERTY 2) MORTGAGE PROPERTY 3) MORTGAGE PROPERTY 4) MORTGA PROPE: Y Tal : ($06) 372.5200 Miami Chinese Community Center, Ltd. ANNEX 3 *milts -- INTERAMERIC N ENGINEERING CORP. - - LOT 12 BL.-K 6 OF MIRAMAR (327 N.E 18TH STREET) - ,, LOCIS AFONTISEE (1st mortgage) CONS• IDATED BANK(2nd mortgage) -- LOT - 11 (N 18 - 19TH STREET) - - ITICORP SAVINGS OF FLORIDA - LOT 13 - 14 (N.E. 18TH STREET) EASTERN NATIONAL BANK LOT 2 BLOCK 6 (1846 N.E. 4TH AVE.) CEre ormisrtttatt Carr. 331 N.E. 101h Strout, 141101, Florida 33132, USA () 3754255 Thla submittal needs to be scheduled In accordance wiM timelines set f Miami Coe. The applicable dec. .' reW Minformadon at the p ecommendaton PZ-2 public hearing in the ty& -rnakihsbody will c hear grender nal decoon 14439 91.- 779 Fax (305) 5774051 33 •"!`.300.00 This subnrtal needs. echetluleti m in accordance with h elines set fo Miami Cede. The apptica hie tlecisi rewewthe Information at the pu recammenmtion or FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY Florida limited partnership having its principal at 1823 Biscayne Boulevard, Apt. 14, Miami, ("Maker"), promises to pay to the order of INTERAMERICAN CORPORATION, a Florida corporation, with offices at 150 Avenue, Miami. Florida 33131 (''Payee"') the principa HUNDRED SEVENTY THOUSAND and 00/100 DOLLARS (8170, :Honey of the United States of America at the together with interest from the date hereof, at t terms set forth herein, as follows: The per annum interest rate on the unp d principal balance outstanding shall be a rate equal to ten - d one-half (10 1/2%) percent. Maker shall pay equal monthly ins••llmenta of principal and interest in the amount of One Thousand ight Hundred Seventy Nine and 18/100 ($1,879.18) Dollars without .emend, set-off or deduction, on the twelfth (12th) day of each slender month from the date hereof beginning February 12, 1989, hrough the twelfth (12th) day of February, 1996 (the "Maturity 'ate") on which date the entire unpaid principal balance of t s Note and all interest accrued thereon and all other sums pa ••le hereunder shall be immediately due and payable in full unl extended as provided for herein. Principal payments shall b- amortized over a fifteen (15) year period. The principal and in rent shall be payable at the office of Payee set forth in the heading hereof, or at such other place as Payee, from time to ti may designate in writing. Maker shall ha - the right to prepay this Note, in whole or .n part, at any time a sr the third (3rd) anniversary date of this Note, without pe ty, provided that any partial prepayment shall be applied first o accrued interest and then to principal. Prior thereto, any prepayment shall be subject to a penalty equal to all interest that •uld have accrued during the first three (3) years of the term ereof had no prepayment been made less all payments of interest ma • prior to such prepayment. a '-nt of this Note is secured by a Mortgage dated January .2, 1989 in nded to be recorded forthwith. from Maker to Payee, upon certai- real property situated in Dade County, Florida. together with the buildings and other improvements now or hereafter con- rutted thereon, more particularly described in the Mortgage (a•• herein referred to as the "Property"). 'A11 of the agreements. conditions, covenants, provisions and stipulations contained in the Mortgage and any other loan documents which are to be kept and performed by Maker are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. and Maker covenants and agrees to keep and perform them. or cause them to be kept and performed. strictly in accordance with their terms. Any default by Maker under the Note or Mortgage (the "Loan Documents") may, at Payee's option, be treated as an event of default hereunder. It is further understood, however. that should any default be made in the payment of any installment of principal or interest on the date on which it shall fall due. or in the performance of any of the agreements, conditions. covenants. provisions or stipulations contained in this Note, the Mortgage or any other Loan Documents. then Payee. at its option and without notice to Maker unless expressly required elsewhere herein. may declare immediately due and payable the entire unpaid balance of principal with interest accrued thereon at the then otherwise applicable rate specified hereinabove to the date of default and thereafter at a rate equal to the leaser of: (a) eighteen percent (18t) per annum; or (b) the maximum legal ublic hearing in„ecrl d eking body will ringto render a al eecinon. -1- .E. Sectnd sum of CNc 0.00) lawful e of payment, rate and on the 91- 779 34-- e of l::erest cnar;eabie aker (whit e. after referred to as the ault Rate") _.e by maker hereunder or under the Loan Documen or in the Loan Documents to the contrary no payment thereof may be enforced and recovered in at any time by one or more of the remedies provide Note, the Mortgage or the Loan Documents. in such also recover all costs of suit and other expenses therewith, together with a reasonable attorneys' fee for together with interest on any judgment obtained by Pa e at a rate which shall be equal to the Default Rate. including in rest at that rate from and after the date of any execution judicial or foreclosure sale until actual payment is made to P es of the full amount due Payee. inns aui or needs. be acneduise to a In accordance wilt tlmeiires set forth' Miami Cede. The applica tle desk., renew the inlormmon at the recommendation or a n c nearing e ❑ty m Ing body *rail ringto render decidon The failure of the Payee to exercise such tion to accelerate the indebtedness evidenced hereby shall not stitute a waiver of the right to exercise such option at any oth time so long as sic:: event of default remains outstanding and unc ed. Payee shall not exercise any rig or remedy provided for herein because of any default of Maker u• ass Payee shall have first given written notice thereof to Maker nd Maker shall have failed, in the event of a monetary default, to pay the outstanding sums within a period of thirty (30) ca -radar days after the giving of such notice of such default or the event of a non -monetary default, Maker shall have faile• within a period of thirty (30) days after the giving of such n• ice of such default to correct the non -monetary default, or it s h non -monetary default is of a type which cannot be cured withi thirty (30) days, Maker shall have begun to correct such d ault and thereafter Maker proceeds diligently to correct such •*fault; provided, however, that Payee shall not be required to •ive any such notice or to allow any part of the grace period 1 Maker shell have filed a petition in bankruptcy or for reor anization or a bill in equity or otherwise initiated proceedings •r the appointment of a receiver of Maker's assets. or if Maker hall have made an assignment for the benefit of creditors, or if receiver or trustee is appointed for Maker and such appointment d such receivership is not terminated within thirty (30) days. The reined a of Payee as provided herein, or in the Mortgage. and the warr• is contained herein or attached hereto or contained in the Mor -age. shall be cumulative and concurrent, and may be pursued s -ly, successively or together at the sole discretion of Payee, a - may be exercised as often as occasion therefor shall occur; d the failure to exercise any such right or remedy shall in no e -nt be construed as a waiver or release thereof. aker hereby waives and releases all errors, defects and imp factions in any proceedings instituted by Payee under the terms of his Note or of the Mortgage or any•other Loan Documents. as well all benefit that might accrue to Maker by virtue of any present r future laws exempting the Property. or any other property, real or personal. or any part of the proceeds arising from any sale of any such property, from attachment. levy or sale under execution. or providing for any stay of execution to be issued on any judgment recovered on this Note or in any action to foreclose the Mortgage, exemption from civil process. or extension of time for payment; and Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon. may be sold upon any such writ in whole or in part in any order desired by Payee. Except to the extent set forth herein, Maker and all endorsers, hereby waive presentment for payment, demand. notice of demand, notice of nonpayment or dishonor. protest and notice of proteet of this Note. and all other notices in connection with the delivery, acceptance, performance, default. or enforcement of the payment of this Note, and they agree that the liability of each of them shall be unconditional. joint and several, without regard to the liability of any other party, and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification -2- 91 -- 779 3.5 granted or consented to by Payee. Maker and to any and all extensions of time, re modifications that may be granted by Payee payment or other provisions of this Note, and to collateral or any part thereof, with or without TF✓IEW �4v an: agree that additional makers, endorsers, guarantors ._es ";Si become parties hereto without notice to them of ffecting heir liability hereunder. It any provision of this Note is helto be invalid o: unenforceable by a court of competent jur sdiction, tie other provisions of this Note shall remain In ful force and effect and shall be liberally construed in favor of ye* in order to effect the provisions of this Note. In addition, in no event shall tie rate of interest payable hereunder a eed the maximum rate of interest permitted to be charged by apicable law (inclding the choice of law rules) (hereinafter the aximum Legal Rate"; and any interest paid in excess of the perms ed rate shall be refunded :_ Maker. Such refund shall be made •y application of the excessive amount of interest paid against an sums outstanding and shall be applied in such order as Payee ay determine. It the excessive amount of interest paid exceeds he sums outstanding, the por:ion exceeding the said sums outst• ding shall be refunded in cast. by Payee. Any such crediting or efund shall not cure or waive any default by Maker hereund. . Maker agrees, however, that in determining whether or no any interest payable under th:.s Note exceeds the highest rat permitted by law. any non -principal Payment, including, wit t limitation. prepayment fees and .ate charges, shall be deeme• to the extent permitted by law. to be an expense, fee, premium penalty rather than as interest. Payee shall of be deemed, by any act or omission or commission, to havwaived any of its rights or remedies hereunder unless such waiv is in writing and signed by Payee, and then only to the extent s• cifically set forth in the writing. A waiver cn one event she not be construed as continuing or as a bar to or waiver of any ight or remedy to a subsequent event. This strument shall be governed by and construed aecord_n; to the aws of the State of Florida. Maker consents to the exclusiv jurisdiction of the Courts of the State of Florida and ne fedora courts located in Florida in any and all actions and proce ings, whether arising hereunder or under any of the :=a:: Doc nts. mis aub orneeds. be aofieduied tor 1 In accordance wilt tlmelines set forth' y MiamiCode .The applicahie decision- renewthe inlonnmon at the wbuc recommendation or a fi PZ-22- 01 -c nearing My or Ing body will ring to render decision. Whenever used, the singular number shall include the p:u:a_. • plural the singular, the use of any gender shall be applicable o all genders. and the words "Payee" and "Maker" shall be deemed to include the respective heirs, personal representatives. successors and assigns of Payee and Maker. This Note may not be amended or modified, nor shall any waiver of any provision hereof be effective. except by an instrument :n writing executed by Maker and Payee. 91 779 ✓a:. SUBSTITUTED 14, 50 ame PHOEBE ;E ✓. -`_ ec�: Thk submittal needs to be scheduled fora In accordance loth timelines set to Maori Code. The applicable decision review Me information at the publi recommended on or a do hearing ea of . hotly Wll ari gto rend era eaddon Maker. intending to be legally bound hereby, has Note to be executed as of the day and year first «ve written. This Note consists of four (4) pages. • DAG103 MIAMI CHINESE COMMUN a Florida limited p Y CENTER LTD. tnershtp 8y: MIAMI CHINA'.WN DEVELOPMENT CORP., a F ida corporation. General P ter Sy: a m4sident 91- 7737 -rl F. SUBSTITUTED aece "--CE:£ -=-a -- 1301„AM IL11. GJ G s 13960 427 This document prepared by and should be returned to: DONALD A. GOLDEN, ESQUIRE Moretz, walker i Golden, P.A. Suite 1940 One Biscayne Tower Miami, Florida 33131 Documanta y 3 Clsu "C" 1n Rkhlra .P MORTGAGg By THIS MORTGAGE, made this 12th day of CHINESE COMMUNITY CENTER. LTD., a F1 having a principal place of business Apt. 14, Miami, Florida 33132. (her to INTERAMEAICAN ENGINEERING CORP having a principal place of busin Miami, FL 33131 (hereinafter calle W -This aubmrttai needs. tie acheduied tor 1 In accordance wilt ilmeiires set forth' y MiamiCode _The applicabledecislon- reVe"the immrnann at me wdus recommendation or a a PZ-22- 01 -c hewing My or Ing body will ring to render decision. •Sts ! Collattltl f , R1AX Oct Stamps state tax toilette s.l'0 Omit, Clerk Cada wry. ;i C7 January, 1980. by M:A.M: ids limited pertnerar.:p. 1823 Biscayne sorulevard. natter called "Mortgagor' . ?ION, a Florida cor;crat:on s at 150 3. e. Second Ave::,.e . Mortgagee"). wHEREAS, Mortgagor is atly indebted to Mortgagee. laving executed and delivered to Mo gages its promissory note, a copy of which is attached hereto d made a part hereof as Exhlb:t "A" ("Note"), bearing even dat herewith, wherein Mortgagor promises to pay to Mortgagee the p ncipal sum of ONE HUNDRED SEVENTY THO::SAND AND 00/100 DOLLARS 317•,000.00) (the "Loan"). lawful money of the United States of Ame ca, with interest thereon at the rats and times and in the m r and according to the terms and cond:__ons specified in the ts. all of which are hereby incorporated .`.ere:n by reference. IS IS A PURCHASE MONEY FIRST MORTGAGE NOW THIS •ENTURE wITNESSETH. that Mortgagor, in considerat:.on of the inde- sdness and to secure the payment to Mortgagee of the principal .-th interest, and all other suss provided for in the Note and all uch other agreements and instruments evidencing and securin• the Loan, all of even date herewith, being hereinafter collsc vely referred to herein as (the "Loan Documents"), has grant bargained, sold and conveyed and by these presents does gr bargain, sell and convey unto Mortgagee that certain tract or parcel of land lying and being in the County of Dade and state o Florida. more particularly described and set forth in Exhibit ..a.. tachsd hereto and made a part hereof (harsinattar the "Property"). TOGETHER with all and singular the tenements, hereditaments. easements, appurtenances. passages. waters. water courses. riper.an rights, other rights. liberties and privileges thereof or in any way now or hereafter appertaining. including any other claim at law or in equity as well as any after acquired title. franchise or license and the reversion and reversions and remainder and remainders thereof. TOGETHER with all after acquired property of Mortgagor attached to the improvement of the Property (the "After Acquired Property"), to which After Acquired Property the lien of this Mortgage shall automatically attach without further act of Mortgagor or Mortgagee. TOGETHER with all buildings and improvements of ovary kind and description now or hereafter erected or placed thereon and all materials intended for construction, reconstruction, alteration and repair of such improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the mortgaged premises immediately upon the delivery thereof to such mortgaged premises. and all fixtures now or hereafter owned by Mortgagor and attached to said premises, including but not Limited to all apparatus, motors, elevators, fittings. radiators, al 1 9 i .e 779 38 tit an 1-10 429 r•a`lulbinq, heating, lighting, cooking, iat.h refrigerating, incinerating, air-conditioning, hot sprinkler equipment and fixtures and appurtenances built-in equipment and built-in furniture; and replacements thereof or articles in substitution :her mutually agreed that all the aforesaid property owr,= Mortgagor and placed by it on said premises shall, so far as permitted by law, be deemed to be affixed to the rea:4 and oovered by this Mortgage. The Property, After Acquired Property and buildings, parking spaces, improvements, fixtures. and a:l other rights herein being hereinafter collectively call • the vmar gsg ed Property". NOTICE ThIs su bmRtal needs to be scheduled for a in accordance Mtnbrneunes set fort ' Miami Cotle.cre appllt'atldecision 'Wewthe into nation at the pu bG iaommendahon or PZ-22- tic hearing he Cdy of Mon hotly Wit ring to render tlecieon. TO HAVE AND TO HOLD the above -granted an• described Mar:caged Property unto Mortgagee, its successors and as gns. forever, AND Mortgagor hereby represents. warr• is and covenants wi t^ Mortgagee that Mortgagor is indefeasibly seized of the Mortgaged Property in fee simple; that Mortgagor s full power and lawful right to convey the same in fee simpl= as aforesaid; that is shall be lawful for Mortgagee at all times aceebly and quietly to enter upon. hold, occupy and enjoy the Mo gaged Property and every par: thereof; that the Mortgaged Proper is free from all liens and encumbrances; that all property, ixtures and equipment described herein will be fully paid for and ree from all liens, encumbrances. title retaining contracts and -ecurity interests when delivered and/or installed upon the Mor -aged Property; that such property, fixture and equipment shall b deemed to be realty and a part of the freehold: that Mortgagor wil make such further assurances to prcve the fee simple title to a and singular the Mortgaged Property :e. Mortgaqee and to prove the lien and priority of this Mortgage, as may be reasonably requi -d, and that Mortgagor does hereby and wt.:: forever fully warrant and defend the lien and priority of :his Mortgage and the tit to the Mortgaged Property and every part thereof against th lawful claims and demands of all persona whomsoever. PROVIDED AYS, and these presents are upon the express condition that if Mortgagor or the successors or assigns of Mortgagor shal pay unto Mortgagee, its successors or assigns. :he sums of money -*cured hereby, and any renewals or extensions thereof in whatever form. and the interest thereon as it shall become due, according the true intent and meaning thereof, together with a_: advances hereunder, costs, charges and expenses, including reaaonab attorney's fees, which Mortgagee may incur or be put : in col cting the same by foreclosure or otherwise; and shall duly. promp and fully perform, discharge, execute, effect, complete. comp with and abide by each and every of the stipulations. agrmanta, conditions and covenants of the Note, this Mortgage and al other Loan Documents, than this Mortgage and the estate hereby Bated shall cease and be null and void and this instrument shall e released by Mortgagee, at the cost and expense of Mortgagor. MORTGAGOR COVENANTS AND AGREES to and with Mortgagee that the indebtedness secured hereby is fully repaid: 1. Payment and Performance. Mortgagor shall pay to Mortgagee. in accordance with the terms of the Note and this Mortgage. :ne principal and interest. and other sums therein set forth: and shall perform and comply with all the agreemente, conditions, covenants. provisions and stipulations of the Note and this Mortgage, the terms of which are incorporated herein by reference. 2. Interest Nate, Notwithstanding any provision contained ire this Mortgage or in the Note secured hereby, the total liability for payment of interest, or payment in the nature of interest, shall no: exceed the limits now imposed by applicable usury laws, including the applicable choice of law rules. In the event of the acceleration of the Note hereby secured, the total charges for interest and in the nature of interest shall not exceed the maximum amount allowed by law, and any excess portion of such charges that 2 91 --- 7 7 9 33 _�:�. aE� 13960 4es may nave been prepaid shall be refuned to the ma refund may be made by application of the amount in sums then due hereunder, but such crediting shall the default occasioning acceleration. Nothing here in any transaction related hereto shall be constr operate either presently or prospectively to require . make any payment or do any act contrary to law. but iL -. "yy use or provision herein contained shall otherwise so operate ._ Invalidate this Mortgage, in whole or in part, then ch clause provision only shall be held for naught as tho •h r.ot herein contained and the remainder of this Mortgage shall main opera__ve and in full force and effect, mlasub or neeestwbescneriweetar ccnrdancewinItlmep Mlami die The applira th pt ' .awewmeecor.nauon m me w' �prnn,enaaeon or unuc nearing n the City at aking body will ringm renter aieecirinn. 3. Maintenance of Mortgaged Property. Mar••agor shall abstain from and shall not permit the commission of •ste, impairment or deterioration in or about the Mortgaged Pro• rty; shall not permit the Mortgaged Property to become vacant, des ted. or unguarded; and shall maintain the Mortgaged Property in q•-d condition and repair. reasonable wear and tear excepted. 4. Insurance, Mortgagor shall Continuously insured against all hazer require, including. but not limited damage by fire, with extended cove hereafter located on the Mortgag also continuously maintain conti and property damage insurance, insurance company, or companie such total amounts as Mortga time. Each policy, includi excess of the required required by Mortgagee, Mortgagee, shall be mai assigned and delivere Premiums prepaid, a indebtedness scour mortgagee clause i or assessment, a notice to Mort insurance, or become void thereof, o impairment then be ca be unsa on the All r Mortg pol ev ep the Mortgaged Property as Mortgagee may reasonably o, insurance against loss cr ge, for all improvements now or Property, and Mortgagor shall nt and public Lability insurance all of which shall be issued by an satisfactory to Mortgagee, and .n e may reasonably require from time t„ policies for any amounts carried in nimum and policies not specifically all be in form reasonably satisfactory to ined in full force and effect, shall be to Mortgagee at or prior to closing, with collateral security for payment of the hereby, shall be endorsed with a standard favor of Mortgagee, not subject to contrib•ition shall provide for at least thirty (30) days' gee prior to cancellation thereof. :f the y part thereof, shall expire, or be withdrawn. or r unsafe by Mortgagor's breach of any condition acme void or unsafe by reason of the failure cr the capital of any company in which the insurance may ied. or if for any reason whatsoever the insurance shall stactory to Mortgagee, Mortgagor shall place new insurance ortgaged Property, reasonably satisfactory to Mortgagee. ewal policies, with premiums paid. shall be delivered to ee at least forty (40) days before expiration of the old ies. Mortgagee may at its option elect to receive certificates encing insurance other than the actual policy. In the event of s, Mortgagor will give immediate notice thereof to Mortgagee, and rtgagee may make proof of loss it not made promptly by Mortgagor. Each insurance company concerned is hereby authorized and directed to make payment under such insurance, including return of unearned premiums, directly to Mortgagee instead of to Mortgagor and Mortgagee jointly, and Mortgagor appoints Mortgagee, irrevocably. as Mortgagor's attorney -in -fact to endorse any draft therefor. Mortgagee shall have the right to retain and apply the proceeds of any such insurance, at its election, to reduction of the indebtedness secured hereby, or to restoration or repair of the property damaged, et Mortgagee's sole and absolute option. All such Policies herein are hereby assigned to Mortgagee as additional security for the payment of the indebtedness hereby secured. :f Mortgagee becomes the owner of the Mortgaged Property or any part thereof by foreclosure or otherwise, such policies. including all right. title and interest of Mortgagor thereunder, shall become the absolute property of Mortgagee. 5. Taxes and Other Charges. Mortgagor shall pay when due and payable and before any interest, charge or penalty 1s due thereon., without any deduction, defalcation or abatement, all taxes, -% 3 9 779 40 iEC I '1p 4 )lJ assessments, levies, liabilities, obligations, e and sewer rents and all other charges or claims of kind which may be imposed, suffered, placed, asses filed at any time against Mortgagor, the Mortgaged part thereof or against the interest of Mortgagee ther by any present or future law may have priority over the secured hereby either in lien or in distribution out of of any judicial sale, without regard to any law hereafter to be enacted imposing payment of the whole upon Mortgagee: and insofar as any such tax, a liability, obligation or encumbrance is of recor be promptly satisfied and discharged of recor official document (such as, for instance, the satisfaction paper officially endorsed or cer request of Mortgagee placed in the hands of Mo such dates: prov!4ed, however. that if, p or otherwise, Mortgagor shall have deposit the due date thereof sums sufficien assessments. levies, water and sewer re Mortgagor is not otherwise in def Mortgagee; and provided further, that by appropriate legal action shall co item or the amount thereof, and sh or by deposit of cash with Mortg reserve for the payment thereof require, then Mortgagor shall n produce the required receipts: and (b) so long as the con maintained and prosecuted w terminated or discontinued 6. I Paragraph 5 hereof, charges referred to i Mortgagor to pay to of principal and the annual premi lien of this M the real este amount so pa mortgagee is general thereon. waive, this P b�c hearing the Glty of eking hotly Mt wing to retitle,a de. on. e proceeds retcf:re _. r of any par: essment, levy. the same shall nd the original tax receipt or _^e fled) shall be cn gagee not later than suant to this Mortgage with Mortgagee before to pay any such taxes, s. charges or claims, and lt, they shall be paid by Mortgagor in good faith and est the validity of any such 1 have established on its bocica ee, as Mortgagee may elect, a n such amount as Mortgagee may be required to pay the item cr to (a) while the reserve is maintained: et operates to prevent collection, is diligence, and shall not have been dversely to Mortgagor. without limiting the effect of the event Mortgagor shall fail to pay :-.e Paragraph 4 and/or 5, Mortgagor may require rtgagee, monthly with the monthly installments tercet, an amount equal to one -twelfth (./121 of for the annual real estate taxes, prior to the tgage. The amounts so paid shall be security for taxes and shall be used in payment thereof. No shall be deemed to be trust funds and as long as banking institution the funds may be commingled ds of Mortgagee, and no interest shall be payable At Mortgagee's option. Mortgagee from time to tine may d after any such waiver may reinstate, the provisions of ,graph requiring monthly payments. Intgrnal Revenue stamps. If at any time the United states or -ny department or bureau thereof shall require Internal Revenue s •a on the Note secured hereby. Mortgagor, on demand, shall pay r them with any interest or penalties payable thereon. 9. Future Taxes. If hereafter any law or ordinance shall be adopted imposing a tax directly or indirectly on Mortgagee wit:: respect to the Mortgaged Property. the value of Mortgagor's equity therein, .or the indebtedness evidenced by the Note and secured by this Mortgage. Mortgagee, at its election. shall have the right at any time to give Mortgagor written notice declaring that the principal debt, with interest and other appropriate charges, shall be due on a specified date not less than sixty (60) days thereafter: provided, however, that such election shall be ineffective if. prior to the specified date, Mortgagor lawfully pays the tax (in addition to all other payments required hereunder) and agrees to pay the tax whenever it becomes due and payable thereafter, which agreement shall then constitute a part of this Mortgage. 9. Security Agreement. This Mortgage constitutes a security agreement under the Uniform Commercial Code as adopted in Florida and creates a Security interest in the "personal property" included in the Mortgaged Property. Mortgagor shall execute. deliver, file and refile any financing statements or other security agreements, 779 .11 et -. ......_I-i.-..-7- in 1 60 431 Mortgagee may require from time to time to confirm Mortgage with respect to such property. :0. No Other Liens. Without the prior written Mortgagee, Mortgagor shall not create or cause or per any lien on, or security interest in the Mortgaged Pr portion thereof, whether junior or senior to th Mortgage. It is understood and agreed that Mortgage regard to liens which would be junior to Mortgagee' be unreasonably withheld. Any violation of the fo shall. except as otherwise provided in this Para of Mortgagee be deemed an event of defaul mechanics' lien or claim of mechanics' lien the Mortgaged Property or any portion th therein by reason of work, labor, services or claimed to have been supplied, and claim bf mechanics' lien 12 not Cully a lien against the Mortgaged Property or f in accordance with all applicable Mechanic's Lien Law, from a lien age a lien against other security pos (15) days after such mechanics' 11 been filed. then Mortgagee, discharge the lien, in which cas so advanced shall be due lamed shall be secured hereby, and s specified in the Noce from the date of repayment. an rights, equities and lie occurrence as an event o I1. C comply with all codes, ordinances, federal, state, quasigovernmental the Mortgaged Pr 1 -This aui or reeds. tie acheduiee tor a 1 In accordance wilt tl nce wimeiires set forth' y MlemiCode _The applicabledecislon- rewewthe immrnaan at me wens recommendation or a a PZ-22- 01 hearing e❑ry at Ing bady will mg. render decmon to eXiat erty or any ien of th.s 6 consent a_:- lien shall not going LimItation aph, at the apt._n ereunder. any all be filed aoa.na: eof or any _..:e:es: or materials supplied such mechanics' :ien or finally discharged as a ly and finally transferred equirements of the F:.orlda at the Mortgaged Property d by Mortgagor within f.fteen or claim of lien shall have its option, may: (a) pay end the sum which Mortgagee shall have tely from Mortgagor to Mortgagee. 11 bear interest at the Default Rate the date of payment by Mortgagee •ant.: Mortgagee shall be subrogated to any so discharged; and/or (b) treat s.:ch default hereunder. h e n• a ..-ns. Mortgagor shall re rictions of record and all laws, statutes. es, regulations, resolutions and orders of al: 'municipal and other governmental and authorities and agencies relating in any way to erty. R 12. 1=•eCtion. Mortgagee. and any persons authorized ty Mortgagee, all have the right at any time, upon reasonable notice to Mortgago . to enter the Mortgaged Property at a reasonable nc:r to inspec and photograph its condition and state of repair. 13 Required Notices, In addition to any notice requirements conta d elsewhere in this Mortgage or in any of the other Lean Doc nts, Mortgagor shall notify Mortgagee promptly of ne occ rence of any of the following: Property; (a) casualty causing damage to the Mortgaged Property: (b) receipt of notice of condemnation of the Mortgaged (c) receipt of notice from any government or quasigovernmental authority relating to the development of. improvements on, use of, or occupancy of the Mortgaged Property: (d) substantial change in the occupancY of thA Mnrt7a7od Pl vyvs ly ; (e) commencement of any material litigation affecting the use of the Mortgaged Property, 14. Condemnation. (a) In the event of any condemnation or taking of any par: of the Mortgaged Property by eminent domain. alteration of the grade of any street. or other injury to or decrease in the value of the Mortgaged Property by any public or quasi -public authority or corporation all proceeds (that is, the award or agreed compensation. 'ter the damages sustained) allocable to Mortgagor shall be ' fast to payment of flindebtedness ,ttlerent for damages sustained shall be made b Mortgagee's prior written approval. Mortgagor sh installments of interest and Other charges unt proceeds shell have been received by Mortgaqee i secured hereunder, All of such proceeds shall be order and in the amounts that Mortgagee, is Mar- discretion. may elect, to the payment of principal ;wh then due and payable), interest or any sums seeed by :h:s Mortgage, or toward payment to Mortgagor, on such re--or.ab:e =er-.s as Mortgagee may specify, to be used for the s .e purpose altering, restoring or rebuilding any part of the Mo :„aged Pr:perry which may have been altered, damaged or destroyed a result of he taking, alteration of grade or other injur to the Mortgaged, Property, This submtlal needs. be scbe.. for In accordance with Inmarines set. Miami Cale. The apprise He deciol rMewthe Information at the publ recommenbaeon or Mc bearing ibe Ctr, eking bury. aingto rendua (b) If prior to the receipt of such •roceeds by Mortgagee. the Mortgaged Property shall have been sold on foreclosure of this Mortgage, Mortgagee shall have the right receive the proceeds the extent of: (i) any deficiency found co be due to Mortgagee :n connection with the foreclosure sal = with legal interest thereon. and (ii) reasonable co el fees, costs and disbursements incurred by Mortgagee in connec on with collection of the proceeds and the proceedings to establis the deficiency. (c) tf the amount o the initial award of damages for the condemnation is insufficien to pay in full the indebtedness secured hereby with interest and her appropriate charges, Mortgagee she:: have the right to prosecu - to final determination or settlement an appeal or other appropr -te proceedings in the name of Mortgagee c. Mortgagor, for which M. tgagee is hereby appointed irrevocably as attorney -in -fact to Mortgagor, which appointment, being for security, is irrev able. In that event, the expenses of the proceedings. incl ing reasonable counsel fees, shall be paid first out of the procee• ,, and only the excess, if any, paid co Mortgagee shall be credite• against the amounts due under this Mortgage. (d) othing herein shall limit the rights otherwise available to ortgagee, at law or in equity, including the right te intervene a a party to any condemnation proceeding. 15. Leases. Mortgagor hereby represents that there are no leases - agreements to lease, or any other occupancy rights •:pon all o any part of the Mortgaged Property now in effect other than unrec ded tenant leases executed in the ordinary course cf bus ass. • 16. Richt to Reme4v Defaults, In the event that Mortgagor ould tail to pay real estate or other taxes, assessments. water and sewer rents, charges and claims, sums due under any prior 11en or insurance premiums, or fail to make necessary repairs, or per".: waste. Mortgagee. at its election and without notice to Mortgagor. shall have the right to make any payment or expenditure and to :ake any action which Mortgagor should have made or taken. or wnicn Mortgagee deems advisable to protect the security of this Mortgage or the Mortgaged Property, without prejudice to any of Mortgagee's rights or remedies available hereunder or otherwise. at law or in equity. All such sums, as well as costs. advanced by Mortgagee pursuant to this Mortgage shall be due immediately from Mortgagor to Mortgagee, shall be secured hereby, and shall bear interest at the Default Rate specified in the Note from the date of payment by Mortgagee until the date of repayment, and Mortgagee shal.l be subrogated to any rights. equities and liens so discharged. 17. nits of Qeleylt. Each of the following shall const.t'..te - an event o default (("Event of Default") hereunder: 9:J --- 779 4 3 SUBSTITUTED iE(i sibt0 43,s (a) Mortgagor's noncompliance or ncnp term, covenant or Condition contained in any L condominium documents or any document of reco Mortgagor hat actual notice, which encumbers or Mortgaged Property. -Ms su emetel needs. be scheduled in c.cprdanre wilt dmehnes s Miami Cale The applicatle el ' reeiewtheinbimetlon et the recammendanon PZ- (b) The commencement of any levy, execution proceedings against Mortgagor or any principal t .reof or any obligor under any Guaranty Agreement given to Mortgagee in connection with the Loan (hereinafter a "Guarantor" or any of the Mortgaged Property or any other property cove =d by the .can Documents which is not discharged within ninety 90) days. or the application for or appointment of a liquidator, ceiver, custodian. sequestrator, conservator, trustee, or oth similar judicial officer (and such appointment continues for - •eriod of ninety ;9C; days). a public hearng hiin the CiNof 41ng body will e hear, m render Mal decision. -14439 (c) The insolvency (in the beruptcy or equity sense). of Mortgagor or any principal thereo or any Guarantor, whtc:: condition continues for a period of nin- y (90) days. (O The assignment for t benefit of creditors, or tr..e admission in writing, of an inabil y to pay any debts generally as they become due, or the orderin• of the winding -up or liquidation of its affairs, by Mortgagor or a Guarantor, under any insolvency, bankruptcy, creditor adjustmen debtor rehabilitation or similar state or federal law. (e) The commencem= t of a case by or against Mortgagor 'If not dismissed within nin y (90) days), or any principal thereof, or any Guarantor, and any insolvency, bankruptcy, creditor adjustment, debtor reh- ilitation or similar state or federal laws, or the determination any of them to request relief under any insolvency, bankrupt , creditor adjustment, debtor rehabilitation or similar procee g, state or federal, including without limitation, the c sent by any of them to the appointment of or taking possessio, by a receiver, liquidator, assignee, trustee. custodian. seque rator or similar official for it or for any of its respective prop ty or assets. (t The rendering by any court of last resort of a decision th an undertaking by Mortgagor, as herein provided to pay any tax, - sessment, levy, liability. obligation or encumbrance is legally operative or cannot be enforced, or the passage of any law changin in any way or respect the laws now in force for the taxati of mortgages or debts secured thereby for any purpose. cr the anner of collection of any such tax, so as to affect this Mor •age or the debt secured hereby, unless Mortgagor pays any such t- in accordance with the provisions of Paragraph B hereof. (g) If any representation or warranty of Mortgagor hereunder shall prove to be incorrect in any material respect. (h) Failure of Mortgagor to pay any installment of interest or principal and interest, or any other sum, on the date it is due under the Note or this Mortgage. (i) ,any default under any other term of this Mortgage. the Note, or any of the other Loan Documents relating hereto or thereto. (j) The conveyance of all or any portion of the Mortgaged Property, except for a conveyance to a corporation or other entity owned or controlled by Isaac Shih or a corporate affiliate, parer.; or subsidiary of such a corporation or other entity and except for a partnership in which Isaac Shih is a limited or general partner provided, however, that any such transferee shall assume all of the obligations of Mortgagor hereunder and agrees to be jointly and severally liable for the indebtedness represented by the Note with Mortgagor who shall remain obligated hereunder and under the Note notwithstanding said transfer, all of which shall be evidenced by such documentation as Mortgagee may require. 1. - 7 7 9 4 c 7 4` 13960 434 18. Remedies. (a) Upon the happening of any Event of De conveyance shall become absolute and the entire unpai• •alance of the principal, the accrued interest and all other sums e hereunder or under the Loan Documents and secured by this •rtgage shall become immediately due and payable, at the optio of Mortgagee. without notice or demand except as provided herein. (b) when the entire indebtedness sha become due and payable, either because of maturity or because the occurrence tf any Event of Default, or otherwise, then forth th: mis accordance ineeds. fie acheduied tor in ordance wilt tlmelirea set forth' Miami Coble. The applicable decision- renewdre information at the public recommendation or afi hearing e❑ry of ing body will rlo render tt (i) Foreclosure. Mortgagee to foreclose this Mortgage against the Mo such other action at law or in equity Mortgage and realization on the mort security herein or elsewhere provided f may proceed therein to final judgme unpaid balance of the principal d stipulated in the Note to the date Default Rate specified in the Note by Mortgagor in accordance with Mortgage. including all sums wh to Mortgagor after the date of have been advanced by Mortga charges or claims, pa construction of improvemen Property, all costa of s Rate on any judgment obt of any foreclosure se amount due Mortgagee, or Mortgagee may for and costs as above displacement or i at such forec subject to all again foreclo sum past d against th its sole obligatio Mortgag Develo• r ay institute an act.Inn gaged Property. or take r the enforcement of this ge security or any other , as the law may allow, and and execution for the entire t, with interest at the rate default, and thereafter at the together with all other sums d..e e provisions of the Note and this may have been loaned by Mortgagee his Mortgage, and all sums which may e for taxes, water or sewer rents. is on prior liens, completion of , insurance or repairs to the Mortgaged t, together with interest at such lefault ned by Mortgagee from and after the date until actual payment is made as of the full nd reasonable attorneys' fees for collection., lose only as to the sum past due with interest ovided, without injury to this Mortgage or the irment of the remainder of the lien thereof, and sure sale the Mortgaged Property shall be sold maining items of indebtedness; and Mortgagee may , in the same manner, as often as there may be any In the event Mortgagee forecloses this Mortgage Mortgaged Property, Mortgagee may, at its option and in d absolute discretion, assume all rights (but not the unlesa consented to by Mortgagee) as owner of the Property, and to assume all rights and privileges of thereunder; or (ii) Possession. Mortgagee may enter into possession of the Mortgaged Property, with or without legal action. and by f• ce if necessary; collect therefrom all rentals (which term shall so include sums payable for use and occupation) and, after deducting all costs of collection and administration expenses, apply the net rentals to any or all of the following in such order and amounts as Mortgagee, in Mortgagee's sole discretion, may elect: the payment of taxes, water and sewer rents. charges and claims. insurance premiums and all other carrying charges, the completion of construction of the buildings and improvements of the Mortgaged ?remises, and to the maintenance, repair or restoration of the Mortgaged Property, and on account and in reduction of the principal or interest, or both, hereby secured; in and for that purpose Mortgagor hereby assigns to Mortgagee all rentals due and to become due under any lease or leases or rights to use and occupation of the Mortgaged Property hereafter 'created, as well as all rights and remedies provided in such lease or leases or at law or in equity for the collection of the rentals. Mortgagee shall be entitled to the appointment of a receiver of all the rents. issues and profits. as a matter of strict right. regardless of the value of the Mortgaged Property and the solvency or insolvency of Mortgagor, or any Guarantor, and any other persons liable to pay such indebtedness. Mortgagor hereby specifically waives the right to object to the appointment of a receiver as aforesaid and hereby expressly consenter 91_--- 779 d5 the ch appointment shall he made a,llan admitted the same may be done without notice to Mortgagor; or (iii) peceiVer. Mortgagee, without value or occupancy of the Mortgaged Property or th Mortgagor or any Guarantor. with or without notice to any Guarantor, shall be entitled as a matter of right, elects, to the appointment of a receiver to enter upon -n.__ <e possession of the Mortgaged Property and to collect rents. revenues, issues, income, products and profits thereof a apply the same as the court may direct. The receiver shall ha : all rights and powers permitted under the laws of the state where he Mortgaged Property is located and such other powers as the co t making such appointment shall confer. The expenses, including eceiver's fees. attorney's fees, costs and agent's compensation,ncurred pursuant to the powers herein contained shall be secure- by this Mortgage. The right to enter and take possession of and manage and operate the Mortgaged Property, and to collect the ren issues and profits thereof, whether by a receiver or otherwise, :hall be cumulative tt any other right or remedy hereunder or affo •ed by law, and may be exercised concurrently therewith or independently thereof. Mortgagee shall be liable to account only or such rents, issues and profits as are actually received by Mor agee. Notwithstanding the appointment of any receiver or other stodian, Mortgagee shall be entitled as pledgee to the posses- on and control of any cash. deposits, or instruments at the time held by, or payable cr deliverable under the terms of this Lortgage to Mortgagee. (c) Mortgagee shall h- e the right, from time to time, t bring an appropriate action to ecover any sums required to be pa:_ by Mortgagor urder the term- of this Mortgage, as they become due. without regard to whether or not the principal indebtedness or any other sums secured by the ote and this Mortgage shall be due, and without prejudice to the r •ht of Mortgagee thereafter to bring an action of mortgage forec -sure, or any other action, for any default by Mortgagor existing • the time the earlier action was commenced. (d) Mortg- =e shall have the power and authority to institute and main in at any time and from time to time any suits and proceedings as ortgagee may deem advisable: (i) to prevent any impairment of t Mortgaged Property by any acts which may be unlawful or any violation of this Mortgage; (1i) to preserve or protect its terest in the Mortgaged Property; and (lit) to restrain the-nforcement of or compliance with any legislation or other gove -ntal enactment, rule or order that may be unconstitu onal or otherwise invalid, if the enforcement of or compliant- with such enactment. rule or order might impair the security ereunder or be prejudicial to Mortgagee's interest. (e) Any real estate sold pursuant to any writ of execution issu on a judgment obtained by virtue of the Note or this Mor age, or pursuant to any other judicial proceedings under this Mo gage or the Note, may be sold in one parcel, as an entirety, tr such parcels, and in such manner or order as Mortgagee, in its ole discretion, may elect. Upon any such foreclosure sale, Mortgagee may bid for and purchase the Mortgaged Property and. upon compliance with the terms of sale, may hold. retain, possess and dispose of such Property in its own absolute right without further accountability. Mortgagee is hereby authorized. at its option, to conduct any such foreclosure sale subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted by -Mortgagor to be, a defense to any proceedings instituted by Mortgagee to collect the sums secured hereby. (f) Notwithstanding anything contained herein to the contrary, Mortgagee shall not exercise any right or remedy provided for herein because of any default of Mortgagor unless Mortgagee shall have first given written notice thereof to Mortgagor and Mortgagor shall have failed, in the event of a monetary default, toy, 9 Lc hearing the Lib of king to render ie r I 3B 43 /the outstanding sums within a period of thir da)s after the receipt of such notice of such d event of a non -monetary default, Mortgagor shall ha a period of thirty (30) daye after the receipt of such default, to correct the non -monetary defaul non -monetary default is of a type which cannot be thirty (30) days, Mortgagor shall have begun to correct s and thereafter Mortgagor proceeds diligently to co _ect default; provided, however, that Mortgagee shall not b- required to give any such notice or to allow any part of the g•-ce period if Mortgagor shall have filed a petition in bank 'ptcy or for reorganization or a bill in equity or othe ise initiated proceedings for the appointment of a receiver of M. tgagor's assets, or if Mortgagor and such appointment and such r eivership is not terminated within thirty (30) days. Notwi standing anything contained herein to the contrary: (1) M. tgagee shall not be required to give any such notice or to allo any grace period more than two (2) times' in any twelve (12) mont• period with respect to substantially similar events of default: •nd (ii) Mortgagee shall be permitted to cure any default by Mor gagor without giving any such notice or allowing any part of t - grace period if Mortgagee determines, in its sold judgment, that s security maybe threatened or impaired by reason of such default. 19. •h - d R=men s Cum_ i MI5 submtlal needs. be germ. Led In accordance wits timelines set Miami Cole The spoke He deci' rMew the In.m.on at the p recommend...o pe Ede M1eaof Idrap Clly f making rerdu l M1lebatiro rentlera nal aeciaon (a) Except to the exte set forth herein. the righ^.s and remedies of Mortgagee as prov •ed in the Note, this Mortgage, and every Loan Document, shall cumulative and concurrent: may to pursued separately, success ly or together against Mortgagor or against the Mortgaged Prope y, or both, at the sole discretion c= Mortgagee, and may be exe ised as often as occasion therefor shall arise. The failure to ex dies any such right or remedy shall in no event be construed a a waiver or release thereof. (b) Any f lure by Mortgagee to insist upon strict performance by Mor agor of any of the terms and provisions of this Mortgage or the No shall not be deemed to be a waiver of any of the terms or pro sions thereof, and Mortgagee shall have the right thereafter to in st upon strict performance by Mortgagor of any and all of them. (c Neither Mortgagor, any Guarantor or any other person now or here ter obligated for payment of all or any part of the sums now er hereafter secured by this Mortgage shall be relieved of such obl -ation by reason of the failure of Mortgagee to comply with any re-, -st of Mortgagor, any Guarantor or of any other person so obiig- ad to take action to foreclose on this Mortgage or otherwise enfo e any provisions of the Mortgage. Note, or any other Loan Doc ant. or by reason of the release. regardless of consideration. of -ll'or any part of the security held for the indebtedness secured this Mortgage, or by reason of any agreement or stipulation etween any subsequent owner of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note. or any other Loan Document, without first having obtained the consent of Mortgagor. any Guarantor or such other person; and in the latter event, Mortgagor, any Guarantor and all such other persons shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Mortgagee. (d) Mortgagee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without. es to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien. (e) Notwithstanding anything to the contrary contained herein, the Mortgagee's sole and absolute remedy in the event of a default on the terms Of. this Mortgage is to foreclose against tte Property on which a mortgage has been granted Mortgagee shall have 7 7 9 4,7 SUBSTITUTED 4139 43? no right to seek or obtain a judgme“ against t. deficiency existing following the foreclosure sa attach or levy on any real, personal, tangs property (other than the Mortgaged Property) of respect to payment of amounts due under this Mort of this Mortgage and Note atteChed hereto shall not default on any other Note or Mortgage held by the Mortg 20. Mortgagor's Waivers, Mortgagor hereb waives and releases: This submittal needs to be scheduled for in accordancewitimelines setro Miami code. The apnlira He rk isio reviewthe information at the pub' recommandati.nora bus nearing the Cityo anion body AIL' ri gto render ttlecidon. (a) all errors, defects and impe .actions _n any proceeding instituted by Mortgagee under the fete. this Mortgage and/or any other Loan Document; (b) all benefit that might accrue to Mortgagor by virtue of any present or future law exempting e Mortgaged Propertyzr any part of the proceeds arising fr- any sale thereof, from attachment, levy or sale on execution, providing for any staff cf execution. exemption from civil proce s or extension of time :or payment; and (c) unless specifically squired herein all notices of Mortgagor's default or of Mor agee's election to exerciser or Mortgagee's actual exercise o any option under the Note, his Mortgage, or any other Loan Doc - ent. 21. Ma/shelling of Ass: e. The right is hereby reserved by Mortgagee to look to any •t the Mortgaged Property secured herecy or under any property se ed by a Mortgage acting as additional collateral for the debt idenced hereby, if any, without notice to. consent of, or the •pproval or agreement of other parties :: interest, including nior lienors, and such dealing shall not impair in any mann , the validity of or priority of this Mortgage or the Mortgaged roperty, nor shall it release Mortgagor from personal liebilit for the indebtedness hereby secured. Mortgagor on its own behal and on behalf of its successors and assigns heresy expressly waive = all rights to require a marshalling of assets by Mortgagee or iequire Mortgagee, upon a foreclosure, to firs: resort to t sale of a portion of the Mortgaged Property «n:ch. might have •een retained by Mortgagor before foreclosing upon and selling an other portion as may be conveyed by Mortgagor sub: ec: to this tgage. 2 , Counsel Fees. If Mortgagee becomes a party to any suit or prfeeding affecting the Mortgaged Property or title thereto, tie lie created by this Mortgage or Mortgagee's interest therein, o_ if ortgagee engages counsel to collect any of the indebtedness o_ t enforce performance of the agreements, conditions, covenants. oyisiona or stipulations of this Mortgage, the Note, or any other Loan Document, Mortgagee's costa. expenses and reasonable counsel fees, whether or not suit is instituted, shall be paid to Mortgagee by Mortgagor, on demand. with interest at the Default Rate set forth in the Note. and until paid they shall be deemed to be part of the indebtedness evidenced by the Note and secured by this Mortgage. 23. Communications. All communications required under this Mortgage, the Note or any of the other Loan Documents shall be :n writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested, addressed to Mortgagor and Mortgagee at the address set forth in the heading of this Mortgage. or to such other address as either party may designate from tame to time by notice to the other in the manner set forth herein. 24. Representations' and warranties. In order to induce Mortgagee to make the Loan, Mortgagor represents and warrants that: (a) the execution and delivery of the Note. this Mortgage and a:.;. other Loan Documents do not and shall not (i) violate any provisions of any law, rule, regulation. order, writ, judgment, injunction. decree, determinationor award applicable to Mortgagor or any other person executing the Note, this Mortgage or other Loan Documents;., 11' 9 - 77s 48 IF1 C i i 60 43,3 nor (ii) result in a breach of, or constitute a def indenture, bond, mortgage, lease, instrument, cre undertaking, contract or other agreement to which Mortg other person is a party or by which either or both of the respective properties may be bound or affected: (b) the Mortgage and all other Loan Documents constitute vali obligations of Mortgagor and any other person execut4 enforceable against Mortgagor and such other person(s with their respective terms except to the extent imposed by reason of laws relating to bankruptcy, similar laws affecting the employment of credito (c) all financial statements of Mortgagor and the Loan delivered to Mortgagee fairly respective financial conditions of Mort quarantor(e) as of their respective dates, be true with respect to all their financia Mortgagee hereafter; (d) Mortgagor and a have duly obtained all permits, licena from, and made all filings with, any go same have not lapsed nor been res necessary in connection with the Mortgage and any other Loan Doc performance of their respective ob or the enforcement of any Loan Do agrees that Mortgagee is r warranties in this Mortgag precondition to making the L and warranties shall s bankruptcy proceedings. This aubmtlal needs. be acben,led for In accordance wt. tlmein. set. hrlaml Cale. The appliestre becisi rMewthe Information at the pubf recommendation or 25. Amendment. T except by an agreement whom enforcement of t 26. =f 1 context clearly 1 (a) executed thi Property an successors d specifi of th Mc bearing the CI y or aalg hotlyau,l ari g.rendera l aedagn. ote, this and binding g the same, in accordance imitations are eorganization or rights generally: y guarantor;s) of esent the correct qor and any such nd the foregoing shall statements delivered to guarantor(s) of the Loan approvals and consents rnmental authority (and t.e nded or revoked) which are ecution and delivery of this nt, the making of the Loan. the gations under any Loan Document. ent. Mortgagor acknowledges and ying on the representations and and all other Loan Documents as a n, and that all such representations iv* the closing of the Loan and any s Mortgage cannot be changed or amended writing duly executed by the party against change is sought. whenever used in this Mortgage, unless the dates a contrary intent: e word "Mortgagor" shall mean the person who ortgage and any subsequent owner of the Mortgaged his respective heirs, executors, administrators. assigns; (b) the word "Mortgagee" shall mean the person fly named herein as "Mortgagee" or any subsequent holder Mortgage; (c) the word "person" shall mean individual, corporation. a nth -ship or unincorporated association: (d) the use of any gender shall include all genders: (e) the singular number shall include the plural and the plural number the singular as the context may require; and (f) if Mortgagor be more than one person, all agreements. conditions, covenants, provisions, stipulations, warrants of attorney, authorizations, waivers, releases, options, undertakings. rights and benefits made or given by Mortgagor shall be 3oint and several, and shall bind and affect all persons who are defined as "Mortgagor" as fully as though all of them were specifically named herein wherever the word "Mortgagor" is used. 27. Captions. The captions preceding the text of t!.e paragraphs or subparagraphs of this Mortgage are inserted only for convenience of reference and shall not constitute a part of this Mortgage, nor shall they in any way affect its meaning, construction or effect. 28. okpplicable Law, This Mortgage shall be governed by and • construed in accordance with the laws of the State of Florida. SUBSTITUTED aEC 13960 439 29. Jurisdiction. Borrower consents to jurisdiction of the courts of the State of Florida an Courts located in Florida in any and all actions and whether arising hereunder or under any other a eement :r undertaking. 30. Venue. Mortgagor agrees that venue for an action bra•.:q:^t by Mortgagee under this Mortgage, the Note Or a Loan Doce,:ren:s shall be Dade County, Florida. 31. Mortgagee's Consent. So long as tgagor is not In default of either the Note or this Mortga• Mortgagee shall be required to join in or consent to any easem- te, dedications. rats or other applications or documents re -tive to the zoning. development of or construction upon th ortgaged Property within ten C10) days of written request by Mo gagor, provided, however, Mortgagee incurs no expense with respecto same. IN WITNESS WHEREOF, Mortgagor a caused this Mortgage to be duly executed on the day and year f at above written. This submrtal needs. be scheduled {or in accordance with h meunes set fo 1 Miami Lode. The applica hie tlecisio reNewtle Information at the pub' recommendation or PZ-22 b&c hewing the City of a king body will ring to render a I eecinen. STATE 0P FLO DA ) ) se. COUNTY OF .ADE ) 44, • RFv,EW CO MI CHINESE COMMUNITY CENTER L:'O., a lorida limited partnership . MIAMI CHINATOWN DEVELOPMENT CORP., a Florid corporation, General Partner By: Prei` eed I EBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ac ledgementa personally appeared Isaac Shih well known to me to be the President of MIAMI CHINATOWN DEVELOPMENT CCR?., a lorida corporation. and that he acknowledged executing the in the presence of two subscribing witnesses freely and oluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true •corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 12th day of January, 1988. My Commission Expires: DAG104 walr PugJC $rtt( of natrN er CUIlRt0M (L. 0(C. •.1N( QUOtM�y Kurt IN. ue. BLIC State of Florida at (NOTARIAL SEAL) 9 1. --- 7 7 E O This submittal needs. be schetluled far in accordance wipe tl mein. set. Mimi Cale. The applicable tlecia review the Information at the pubf recommendation or PROMISSORY NOTE S 527,500.00 Miami, F1or_ November !0, FOR VALUE RECEIVED the undersigned promises the order of LOUIS LaFONTISEE, AS TRUSTEE, the sum Of Five Hundred Twenty seven Thousand Five and no/100 Dollars ($527,500.00),.together: wi thereon.from date, at the rate of Ten Percen annum until maturity, said principal and payable in lawful money of the United Sta equivalent, in consecutive monthly insta Thousand six Hundred,Sixty Eight and 54 ($5,668.54), with the first such insta and payable December 7.0, 1988, and wi balaince or principal and all unpaid and payable November 10, 1994, at: Suite 301 3121 Commodore ela Miami, Florida 33 :o incipal and red interest (10%) per rest being, s or its ments of Five 00 Dollars rent bacaming due the entire nterest becoming due to e('bis note may be prepaid in holeeor in part at any time without penalty. Each maker uud endore \ test and notice of mat ail requirements necs as makc,s and endors s. severally waives demand, pro- ty, nonpayment or protest and ary to hold each of them liable /\ Each maker and dorser further egress, jointly and �(\\severally, to pa all coats of collection, including a reasonable attosy's tee in case the principal of this note or any pa wit on the principal or any interest thereon is no paid at the respective maturity thereof, or in case i becomes necessary to protect the security hereof, WI or suit be brought or not. This -te and deferred Shterest payments shall near ln: n:•nn ne Vhn rnMo nr Pi P@nnn Pnrcnnt (1S%) hnr annum Erum m•uriCy until pnL'i. 1 % wit'1 St a:evi rn; hi a :::%:r .fee :fit TI:r. �v j '. .l .-.=�..- of even date herewith and is to be construed and reed according to the laws of the State of Florida: on default in the payment of principal and/or interest due on any note .secured by said mortgage, all notes so secured and remaining unpaid shall forthwith become due nd payable notwithstanding their tenor. MIAMI CHINESE COMMUNITY CENTER, LTD. Florida Limited Partnership Sy: MIAMI CHINATOWN DEVELOPMENT CORP., . Florida corporation, (Genera Partner) t\J‘), tUyt Isaac Shifli, President Attest: Joan Shih, Secretary sJ - 779 51 do bearing the Lity of king body sell wing to renders decision. 5170,00 PROM:SScrtY "`, .alp Jan FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CEN Florida limited partnership having its principal, burin at 1823 BisCayae Boulevard, Apt. 14, Miami, no. ("Maker"), promises to pay to the order of L TERAMERICAN ENO CORPORATION. a Florida corporation, with offices at 150 S.E. Avenue, Miami. Florida 33131 ("Payee') the principal sum f ONE HUNDRED SEVENTY THOUSAND and 00/100 DOLLARS (S170,000.00 lawful money of the United States of America at the tine of payment, together with interest from the date hereof, at the rate and on the terms set forth herein, as follows: The per annum interest rate on the unpaid pr •cipal balance outstanding shall be a rate equal to tan and o•,-half (10 1/2%t) percent. NOTICE Thls submittal need. be scheduled tors p ccordance,. emeiines set doer Miami Lc.. The ape.. decision- reNeethelnWrmabon at to pu tl�c rec mmeneanonor a fin. PZ-22- hearing e aryr n9 baly will nq to render nn 439 Maker shall pay equal monthly tnstallmen of principal and interest is the amount of One Thousand Light dyed SeventY Nine and 18/100 ($1.879.18) Dollars without demand set-off or deduction, on the twelfth (12th) day of each talonmonth from the date hereof beginning February 12. 1989. throu the twelfth (12th) daY of February, 1996 (the "Maturity Date" on which date the entire' unpaid principal balance of this Not and all interest accrued thereon and all other sums payable eunder ahall be immediately due and payable in Lull unless ext= ded as provided for herein. Principal payments shall be *sort ed over a fifteen (15) year period. The principal and interest all be payable at the office of Payee set forth in the hea• hereof. or at such other place as Payee. from time to time, may signets in writing. Maker shall have the ght to prepay this Note. in whole or in part, at any time after third (3rd) anniversary date of this Note, without penalty. rovided that any partial prepayment shall be applied first to act •-• interest and then to principal. Prior thereto. any prepayme shall be subject to a penalty equal to all interest that would • e accrued during the first three (3) years of the term hereof •-• no prepayment been made less all payments o: interest made prio to such prepayment. Payment of s Note is secured by a mortgage dated January 12, 1989 intended - be recorded forthwith. from Maker to Payee, upon certain real •roperty situated in Dade County. Florida. together with the •.41di.ngs and other improvements now or hereafter construct thereon. more particularly described in the Mortgage (and here referred to as the "Property"). of the agreements, conditions. covenants. provisions and stipu tions contained in the Mortgage and any other loan documents whit are to be kept and performed by Maker are hereby made a part of his Note to the same extent and with the same force and ef:ect a if they wars fully set forth herein, and Maker covenants and ees to keep and perform them. or cause them to be kept and rformed. strictly in accordance with their terms. Any default by Maker under the Mote or Mortgage (the 'Loan Documents") may, at Payees option, be treated as as event of default hereunder. It is further understood, however. that should any default be made in the payment of any installment of principal or interest on the date on which it shall fall due, or in the performance of any of the agreements. conditions, covenants, provisions or stipulations contained in this Note. the Mortgage or any other Loan Documents. than Payee, at its option and without notice to Maker unless expressly required elsewhere herein. may declare immediately due and payable the entire unpaid balance of principal with interest accrued thereon at the then otherwise applicable rate specified hersinabove • to the date of default and thereafter at a rate equal to the lesser of: (a) eighteen percent Ma) per annum) or (hi the maxilm+s legal 1 9 -- 779 -1- raze id& thterest chargeable to Mak !which less herei:' r referred to as the "Defau; ate") and al due by .,alter hereunder or under the Loan Documents, any or in the Loan Documents to the contrary totwithst payment thereof may be enforced and recovered in whole at any time by one or more of the remedies provided to Payee Note. the Mortgage or the Loan Documents. in such case, Pay also recover all costa of salt and other expenses in connec ion therewith, together with a reasonable attorneys' tee for colle ion, together with interest on any Judgment obtained by Payee at . rate which shall be equal to the Default Rate, including interest -t that rate trot and after the date of any execution, ;ud 'al o: foreclosure sale until actual payment is made to Payee the full amount due Payee. The failure of the payee to exercise such optio o accelerate the indebtedness evidenced hereby shall not Consti',te a waiver of the right to exercise such option at any other t so long as such event of default remains outstanding and uncured. Payee shall not exercise any right or emedy provided for herein bec4use of any default of Maker unless -yee shall have first given written notice thereof to Maker and M. er shall have failed, in the event of a monetary default, to p- the outstanding sums within a period of thirty (30) calendar days after the giving of such notice of such default or in th event of a non -monetary' default, Maker shall have failed. wi - a period of thirty (30) days after the giving of such notice - such default to correct the non -monetary default. or if such no, monetary default :s of a type which cannot be cured within thir• (30) days. Maker shall have begun to correct such default and thereafter Maker proceeds diligently to correct such defy ; provided. however. that Payee shall not be required to give •y such notice or to allow any part of the grace period it = r•shall have filed a petition in bankruptcy or for reorganiz on or a bill in equity or otherwise initiated proceedings for appointment of a receiver of Maker's assets, or if Maker shall have made en assignment for the benefit of creditors, or if a rece er or trustee is appointed for Maker and such appointment and s receivership is not terminated wit*_i_n thirty (30) days. mle aubr,,,,. e.. trscM1eeuled fore pu —nreena ap em.imd eattone ".° =meappwznedrni n- NewiM1einbimationattM pudic M1e a rmgm—ora nna PZ-22-1 %. 01/ The remedie6 of -yee as provided herein. or in the Mortgage. and the warrants ntained herein or attached hereto or contained in the Mortgage. =hall be cumulative and concurrent. and may be Pursued singly, 'ccessiveiy or together at the sole discretion of Payee. and may exercised as often as occasion therefor shall occur; and th failure to exercise say such right or remedy shall , w Maker •-reby waives and releases all errors. defects and imperfect!- - in any proceedings instituted by Payee under the terms of this N- or of the Mortgage or any other Loan Documents, as well as all --refit that might accrue to Maker by virtue of any present or tutu lave exempting the Property, or any other property, real or pe onal. ar say part of the proceeds arising from any sale of 2 n•l A AI" WAAM&MAM. L.., or oviding for any stay of execution to be issued on any Judgment re : ered on this Note or in any action to foreclose the Mortgage, e ption from civil process. or extension of time for payment; and r agrees that any real estate that may be levied upon pursuant o a Judgment obtained by virtue hereof, on any writ of execution issued thereon, may be sold upon any such writ in shole or in part in anY order desired by Payee. Except to the extent set forth herein, 'Maker and all endorsers, hereby waive presentment for payment, demand. notice of demand. notice of nonpayment or dishonor, protest end notice of protest of this Note,•and all other notless in connection with the delivery. acceptance, performance, default. or enforcement of the payment of this Note, and they agree that the liability of each of them shall be unconditional. joint and several, without regard to the liability et any other party, and shall not be affected in any manner by any j indulgence, extension of • time. renewal, waiver or modification Fleming My& gloodyWa gm nee.. Wm. -2— ���_ 7s53 provisions of this Note shall remain in full force shall be liberally construed in favor of Payee i the provisions of this Note. In addition, in no rate of interest payable hereunder exceed tth interest permitted to be charged by applicabl choice of law rules) (hereinafter the "Maxim interest paid in excess of the permitted ra Maker. Such refund shall be made by app amount of interest paid against any sums applied in such order as Payee may de amount of interest paid exceeds the s exceeding the said sums outstanding Payee. any such crediting or refund default by Maker hereunder. M determining whether or not any i exceeds the highest rate pe payment, including. without 1 charges, shall be deemed to the expense. fee. premium or penal cl....tted or consented to by Payee. :Maker and all e to any and all extensions of time, renewal modifications that may be granted by Payee with Payment or other provisions of this Note, and to the collateral or any part thereof, with or without subs agree that additional makers, endorsers, guarantors or s become parties hereto without notice to them of affect* '_ 4 ,jhi 1 1 1'V haranriAer If anY provision of this Note is held tob invalid or unenforceable by a court of competent jurisdicti the o e`er and effect and order to effect event shall _ e maximum rate of .aw (including the Legal Rate") and any Shall be refunded to cation of the excessive utstand:ng and shall to mine. If the excessive outstanding. the portion all be refunded in cash by all not cure or waive ary r agrees. however, that In Brest payable under this Nc:e ed by law. any non -principal tation, prepayment fees a.'d :ale extent permitted by law, to to an rather than as interest. This submtlal needs. be scheduled far in accordance web melines setfir) Miami Cole. The applicable becisi review the informer. at the pubf recommendation or a: .,. lic hearing the Cllyof king badywfl are g..dera aecison. Payee shall not be deemed. by any act or omission or commission. to have waived ny of its rigbts or remedies hereunder unless such waiver is iting and signed by Payee. and then only to the extent specific set forth in tbs writing. A waiver an one event shall not construed as continuing or as a bar to o waiver of any right o remedy to a subsequent event. This ins,. *hall be governed by and construed according to the laws the State of Florida. Maker consents to the exclusive juris• tion of the courts of the State of Florida and .e federal court Located in Florida in any and all actions aid proceedings, -ther arising hereunder or under any of the Loan Documents. When er used. the singular number shall include the p1_=a:. chi pl the singular, the use of any gender shall be applicable to all-=nders, and the words "Payee" and "Maker" shall be deemed to Jude the respective heirs. personal• representatives, succ- •rs and assigns of Payee and Maker. This Note may not be amended or modified, nor shall any waiver any provision hereof be effective. except by an Instrument n sting executed by Maker and Payee. -3- • 91-- 779 SUBSTITUTED Dolt. 15 '69 14!BO o00e PHOEBE REALTY TEL 2 —6 -.ia11. This submtlal needs. be scheduled for In accordance with tlmein. set. Miami Cale. The applicable dsid rMewthe Information at the peal recommendation or Maker, intending to be legally bound hereby. has Note to be executed as of the day and year first ab This Note consists of four (4) pages. MIAMI CHZNESS COMMUN- a Florida limited p Sy: MIAMI CHINA coRP . , a f General ay: DAGl03 T' DEVELCPME.4T ida corporat.o . trier silent .575 91.-- 779 bile bearing the City of eking body aNl ming to render I decla on. Dec. 1 a;:. SUBSTITUTED 4:42 2433 74SCEBlE a.r' a gib, tyti UO e;4YL4; +aCOVIM LONO Ztve.'i firefniltebry Nude $1,500,000,00 filsetwoong Uesa N. row yy��{Rt�+wO,e,M�ng %Mr :lino. Tlls out41 to MN NOW MOO*, mailer, fondertar, Web/ er Senn (ail wf mien tali NMlbleta Iaewdee in M .reread 4/ gel el the anew ea CONSOUDATED /ANK. NA., field bank end any f4Mer/ele t1aNer tuderufou pled 4/ Street. Hialeah. Rotldr 21012 fee at each who pirate et the Kehler hereof may dellgmer,t, the Sum et NOTICE This submtlal needs. be scnen,led far in accordance mien a menset. md Mimi Code. The epolica ecisi resew. Information at the pubf recommeneaeon or do bearing the Lily of king hotly oil $ring to render decision. • •Opel, :oMtar MO airs Olde";,nleebetet/ODr wNh intanro et , rase poi rums which kt all UMW hill bi_54 Pm MK felt OMWm Notre We lilt Of le so G theseywnt Ore hot 1 tea m are dewed an Na meta twsefl, Each Ain, In the Mun a rap resale,. free Mltlnee in OW a aeunt t-Nhied M1'e effective en day et bash ores shams to the ear Pieta et OlaewneRat MndHI aid Iwtsfwt kW be wed l hollows: . ti Or principal each in the amai nt of rive Thousand Df?11a z 4111111.080e tog. . with interest, shall hat and payable contKly beginning April 1, 1983 Cos the first • - y of slatshtt sac eedirg conch until Mar* 11, 19 a whim the satire principal balance and • • aotr ell' aald unpaid inures: stall be due and payable. In the avant eels nets la atae»ed by OWlesrwurt irdieelen of tie imerodea4 Heider, Me Helder may mark Me appmerete net designation so ate 1101,041 WON epdroprtstd Me datgnatlen hod bean ptgtul1Y titdicsted drier to of et'oscine V vase Intl* tnatarfsm, a*e teem Telletefer shall POW b theta i4a a W 4iel aims$, urea Wna goofy any Oblige mhRwatodr, da4H, toerellaw vellum *Ude, to eerteelelry, ha santtpe tents et meta cad the dgei d setyM west Os Solder met' ow abdng. WWI n1sn thecae. eye ewes* aleate4d eat M WOW, or kit OR. rat, 41144* mew r At Helder ow atm ea tie wMn1t at wttaant elerehr la Owned adedveia etnet. As wail Nude VW aN renewal. aid 1W*t1WaM1 reensf and eleima of were posers and Metal, 44 the INN se and wawMr feint. smote. Mellow tad Ar motor fat wrinere stets new aid el all d aN OWiaa Chewers•. 4Wttenp voles. a tim er:deo any rteeero 1444 1 our Peal Property located in Dade batsman the bolder alp Mortgagee lN1gM00n having bean loldveriarrUeorniesd obey* t: Olt omission, and Oeltpor egreo to do bevnd trterby sa r thaw note. a4Md4sd in th4 new tee few deep. ell prewar Moose Capper tar' ' np1 OfMnattn to efts adarlf moonasuaar poste Lawn sit, or 41 tnnwt t • deyran4wedMOW Meech O$I14 Weft. Mira ro4 *alttaoOat.er 41 a4er $ erelaraaa al any er toilets:Wan Met Min to I Wen Cantu err a raNM ae*aw anf w mere M fht Obks,wne ids «ttnad to leg rn•rM1a e all.ela%MI`OWieat4M'$hall rater to Ma 4mwbUdnwe na immure ; r t- en al tie NNdes *Owner Ow ab Iam%monitor h/wsnt ar hamet. WIT:retaa air• mu ne trtRtnttnd N1Ytdeted. usmeelltae, diem or lamnet. he Wooers iaMdy and aawl0e oho tie Holier a gateman. Me era if/Mae, to treat tr dumber Wow norida enAsabered by a Mortgage of even date heraww= the Cr ig01r as Mc rtgagor• THE SOWER MO rut 4:19U00141 NAv[ TM/ EOM ANC OUT = WITH *is. r To TM/ COW'RRAC AS tier 110,114 IN tide ra0•rst;, CCONw4N1N4 Rate ANO OU lIS WITH Feel To COW,T/R/LL 110017111 Ott Mt 110411111 Magner. The Aa*0wnMg of any of t11e le • man awed 40iw0ota t W INN rrMIPWOM eft teasel d soy Obnwer agony in 1Wi env onncttra: Cr .ntana: hwotiode war I*/ wbee 4 Weemea ' blear at ally 0W1g0e N tar M Mahan has get any Millobisesesa .Mloaden. or Nabiligr w Newer wowgeraaa t• ere rine mime sr imam 4eaNere fe fakers of Moors* white lay e4r*te ant helownew a soda erly aeon* *erewrteat eswewe Oar Cb144etlont Id) tea wan: : r OWaaa tN d am CYIMer flesseltl w aq Unbent, 4eammnk'4a In ail woe •latmh ile• tAd NeSetreetre srlweege M detested in ors tinge fineset+4Neats dafwe4lors itolastwarseaMMIWOOIDOWawaeolosaoseea4sappoi 1.I.t sipmew, .aenv Obligor ortoteferetweaa•areete- OWtpst:fgantaesagetan.tl44, etga14MltS en6uth.4 1pei "1Ma4Mtrenrprunn SAOOMlOeniftVie rpnawn:er Martlbthor04 nwow, rr env ell Cu Ctwa*wn wllbesr wawa* al the NuIbr, imeow WelM I Veit lay leinbA.Is44 asrdetlie.M kanwsearnsmrartyobligor(WWhaantalnaiasraoatsoremloen,farneeue. tanatetion MIN am nets le .wear arede asidwwaet brellie errnrsg0eetrere Omelet INMsfe 5SRN maid, tary motes teat. w Wan eh, it tesrs44 of Gm, eve.' t dd4n as MHMd MrM, 4 MWet N e �er aaae fella batldae War Nwan t.00414, a in tba tehaft ee1WM et tree roir regtinine wiped. Ism Ma amount e * emoaid laufsat R , tag eery nbals foseinod tor ism shelf Maims doe awe WNW, resIM lit4 R'ttureworet des Mien of Ow steldae and wunaut natty *oo44, to re swan* 444444 no ewtawotdoesa alW4 Miler bt ere1WN 1Ntawder es anaswvad or uwesod b0wpw or seer *wise. in tea roam et demmeng wry paid wtatanua ar*ale and •wtamal Marcel train Ise.,deal lseitoa aeon M. 4M shss mama" pr4niew wows Awed cad say demos a• Wyk/ Wren leoc *MOW fq•rt fete area et rash strode et as ermuKse swims powessolk, b na Amos sad salsa se 44w wta.ess Ole NNaor es *n: r.e: Aararrr4wte 144414Wttstd4Shape s1.al.0tit araW{ael WNW arwybt1MwahMwaatrw4Duo $4the 4Nairsuwana«wderkw, Islasroom ITettat 1Paetat1M e. MOM eve ta.Nvslar WW1 emu er Wei be Manta w ideas an %Wen WW1, in means el eel rwa4me a wars*ab4 Idea .au. %of t-r aline el Yam MOMS 4M/ M esenW uwnhrs.sW rod odd midis eeWedas ewe iN voiret or COX tease des Ildne•1W It the Caltgato4e enamel C a am lteeb aeaeaa 40441M Oa* watt bee e1M paid to flea Maalersls*a M 1houleil; pi) t4•deemie l i4 ewflai. souneweart M monitor, swum on et - GM ONION. weer Memo «NssMM br Holdeabewo meteleltdtngat4 wewOone 44.wI, taenedrly des me erne* Were* domino rnati-e of *ny a -e web adhommuat4 of say. with moms loam in14wt44144 raMrtltl ae 1wMM Wonla Wirt the lefee etaeie Asa ar e4*esostine (wawawe ewer hest,.+ KeAeMWall end44aamossMeaewdoom, one sad ell die deemand hmadteeg raid en iseineee pang too dea4Wlu0NtlMLinUerACamalma. ::Cl lies. w emeowiee are11eb e r Mart m1wW 4+I sredW* area eNhare4le asoetolt li aplta t to We ev* Mobhp to r4 et the :rabrint4 v ear • a1• n• IN.aeale'WWII.the gene* yafe4Nea11g.l4eitedaddbwYN4ptolrlsrssMalel,andawd•wntamersevenbylr.tesslebowlets1M1netsal:an:-a. wood erNOW,leamawoke taweber .web4bes :meow weetllewmud Werset INpsiole elideoM abltltwdwebrseasewaderanmenlrsnagerns:tre N enreseed rtownie, anyClelhom awe Voider shades deigned se Aareaaarswd waft Apt 4tpt•a1t.M M nos mom a slum 0$4eMt sir awe matter u..t• alai... 11weR tie asawraee vet eiml tletbtle se Mir wort area Wargo web Urge 4 mode et dewed M till boob el beide NNOawtww Mower. Wlbflame eaemend all O1M4Mlama,eaObdg3ser ewWwlw441tabowle..41)$11Apasrsaataeirredewwrly4sw4twvaeauauwsucce:ararsn.e Iwse li ear eta aelsssom idbb44 wd,rfaa CiMaeeeee alawsdeM Meal tiaras al sepWas *SMM ui ttamteil wref aaiwlne: 4rafef t. nel.0 el di teaselI. • w ise ear ewe wed se moot eipee*N4 1MM001y to thatge R a* err *Ow asbte ea WV Obilptie. 13) lbw Name metes two or saatemt.ap.e a: el to r Ca/4wM wear w 1MlwhlirIQaaNWW MAea•444 M4ldebtedease 441 d ateaaerrimada at llai.MOw.lw14O br A, 44 i 4t al W M0N,w i. new it titeflier it tens fee NM Merl Wog NO M OM M swim** del WOW ea Iaafelow tee womb w woeaiwabe et eel ammo R desar1Wre fn lay 4444allele !d Maur tie Molder eta an'. maw owed be aeon, asked. The Wien aaraaer averse vet eater OMyatfwr el me Ober +.met. Ado wow Oww be wswaie or at pso. M made as meows& frodeed,sgMa*Ud.augainuel 4*Mrt4te wla4swdbyteN0W WM wrICW ewttOatM4/ardgee ea towelswitione my Obllwwien. war.1ttaw, dntrt* qmr. M welt w iw an. M ereia0M1, .144 a PNaisod. sl wtaglaam erlatlea a sr Ulm. wwrrrwwt M Q/bm gMest wow Obliges Asa se ,wseut ,n env wry asernne sr *ataaMapihsRAM* aayIndeehTMpbltgNt{aweM @bttwwWee edgy♦el&KW% aidearns sitsadwempwweasel ereteel viti/L/ muter WPM* ear OtiSNea, ietW We Mu' irr.Yry ' r••o wamoor• 4M1 f* taw /�Ir ��W 4wr...wawa awe ell wow.,e, aN wen[ MNI be ley. !411100 J.4,aa,Lespiawslwr.mrrApiaariasatdas8tel.11 41lrredl1rta.sidedsit*awaaatelWWwh4atNpatviewoffawuIHbsaumulwars.s mast se 'maim 4Y 1414 444 air,www1dwy. The OOYpew MMW mil Mem* leer Ora the with pill M *Metre 44 la lea maws M a 40tr 4 owe guru sr rtegasi1SN 1Mfaw gas Twee note eaed M tetureee4 b pee 3.4*10d a iserimw wets tie Uwe el the Stated Fishes. asr a osier el cos new arnica war es wstnytagbet whetted weer ter tw eee, M sewesare woo welw of eteb imeoleramedilveriivaidiff *01111vt add4U4g ate wtpNwilar w rehear ar ruses, srnWwehome MpRom ttMar4Nbapeat lauqfM+Nndd_Mde.eidWioeei wawa .-«,•••»-.••.••.• • .... w , d Ir 1 inset Wel w41Mf 4* M i1Nn% 4 44 Pins are A1MIM~R ��ireewsl Malt awR. in I1U Awn who spwaadq M ea 4ae lei tRe taraNt cede d fhb Bata. TAe 0M4M Shot 44 *My Ned erfv lr Mab4 We/ MAMMON 10Malw1M W ltpp o4s, eel haw arbtwitd leer norm. tower 4443*a lere:(4n era owe* wee NNW Mon w►weep betted Grow and Wifie R44I4Aw aaad*lrad nMNeor wool ss4. The wtnarama d eve owls re einem,at tea here. eeawtsa. adwMhiflaar. swim led Muamawe Wish sod awry °Wow ena1w era ray IMAM W 111414111. 44 leller3M one eaalgoa. Tee meta enamel :new yea Ulf M salt N We Obrlpwe. :� 779 �, 22.2© Thls submRtal heads.. scheduled for a in ccordancetimelines set forth' Miami Code . Th3pe appl'.-able[Ju sion- reNewdbeinbmrabon at the pubic raommendadon or a fi PZ-22- °OM:SSOR'_' NOT: S263,500.00 hove,:pp- FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CEN"c ;.i0., a Florida limited partnership (hereinafter called "Mak= ") hereby jointly and severally promises to pay to the order C! :CORP SAVINGS OF FLORIDA, a federal savings and loan ass iat:o.- (hereinafter called "Association") at 1 Citicorp avings Plaza, 8750 °oral Boulevard, Miami, Florida, in lawful oney of the United States, in immediately available -funds, he principal amount of Two Hundred Sixty -Three Thousand Fi hundred Dollars (5263,800.00), or so much thereof as is adv ced, with interest computed on the unpaid principal balance t reof from time to time outstanding from the date hereof unt'. maturity at a fluctuating interest rate per annum equa to one and one -quarter percent (1.25%) per annum above the Ba, Rate (as hereinafter defined) in effect from time to time, hich rate shall change as and when said Base Rate shall change •urinq the life of the note (but not to exceed the maximum lawf rate permitted under applicable law). "Base Rate" sha paean the annual rate of interest announced from time to an y ( ��h�nlr f._ .. 1... uaaC tOGe. C':1Z •ant Rav* .S tlett:e:• SEec '.Ca'_;.': tied to any external rare_o€-i ere-o.-nccet'est actua. y charged by Citibank, N.A., to any par icular class or •ntegory f its customers. If, for any rea n, Citibank, N.A. eels ^nl publish a "base rate," then Base Rat shall mean that rate .df i:1:crest published in the Walt Str t Journal under the column entitled "MONEY RATES" under the eadinq "Prime Rate." to the event that the Prime Rate publish-- by the Wall Street Journal is a range, the Base Rate 3hallb “t>i_►_,#�19 Sir %e'"aajustedsimulcaneolusiy with adjustments.in he Base Rate. Interest rate changes shall be made immediatel and shall apply on the outstanding pr.nct_pa: balance due on t Note.. Commencin. on January 1. 1989, and on the first -:ay of each an every mostthereafter until January 1, 1994 pr..ncipai payments of shall be due and payable together with monthly int est payments. computed as above provided. l'he balance o all accrued but unpaid interest and all principal then remainin• unpaid shall be due and payable on January 1. :994. is Note shall be prepayable in whole or in part without pima y at any time. Partial prepayments shall be applied to ins -llments of principal to become due thereon in the inverse or r of the maturity thereof and all prepayments shall be companied by an amount equal to the interest accrued thereon to he date of receipt of such prepayment in collected funds. This Note is secured by (i) that certain Mortgage and Security Agreement executed by Maker in favor of the Association dated of even date herewith (the "Mortgage"); (ii) that certain Assignment of Leases and Rents of even date herewith executed by Maker in favor of Association; and (iii) that certain Guaranty executed by Isaac Shih and Joan Shih, his wife, in favor of Lender dated of even date herewith. c heang od e City r lg body. ring. render 1 ouidoni 439 All payments made hereunder shall be credited first to Association's expenses, if any, then to interest and then to principal; however, in the *vent of default, the Association may. in its sole discretion. apply env OaVMent rn ♦acnr+-•1��'- .rnnaais••. ��-• •.... e• 4lu.lpie1 anaior any lawful charges then accrued. It is intention, of the parties hereto chat one provisions herein ;hall not provide directly or indirectly for the payment of a q:eater rate of interest or rht rerention o: ar.y other charge than it 0.1uve.! by applicable :awl If for any 91-- 779 5% SUBSTITUTED PU9j zeta . LPL'=G. 411 ason, interest in excess of such legal rate or a prohibited by law shall at any time be paid, any s shall either constitute and be created as a payment cr be refunded directly to the Maker. NOTICE Thls submbtal nee%m be scheduled for a in credence, .M1 timelines set foriM1' Miami Code. Theapplicabledeciion- reetewtheinbmnaoer at the public recommendation or a fi \ PZ-22- edu pr ieo:Ce.'�5` be paid within fifteen (le) days after they become due there be a failure to :omply with any of the terms and c contained herein or in any agreement securing this ;tote, including but not limited to the Mortgage, or in any o- instrument now or hereafter existing and relating or to this Note, beyond any appiic:aule cure periods. such shall constitute an event of default hereunder Default") and the entire principal sump and accrue become due and payable at once, at the option of Upon the occurrence of an Event of DefAnir rho plus accrued interest, shall rate of our percent (4%) per annum above th above (not to exceed the maximum /awful rat applicable law) (the "Default Rate") compu default and continuing until such default of the acceleration of this Note, the to nature of interest shall not exceed th applicable lac, and any excess portio refunded to the Maker hereof at the crediting may be made by applicatio against the principal su*rns then d cure or waive the default oCcasi • er ny, tnen Event of • interest s'.a.l he Association. iw�:,ail er, -ear interest at a ase Rate specified permitted under d from the date of is'cured. '_n the event 1 for interest and the maximum al_owed by of such charges small be me of acceleraeior.. Surh of the amount involved but such crediting sha__ ett ing acceleration. c heating irmcd of aClnugom wa rentl er a 439 Ig$%' %IEW CO- 01 /24 a Upon occurrence of an Ev t of Default, the Association. ..'-a: institute appropriate legal oceedings against the Obligors :fir purposes of this Note, Obli -r shall mean each and every party tc this Note, whether as Mak- , endorser, surety, guarantor cr otherwise) to obtain jud• ent on the Note and/or to exercise its rights and remedies as secured party under Florida's Uniform Commercial Code or oth applicable Law. Upon :ha occurrence cf an invent of Default, e Association shall have the r:cht, at its option, immediate) •nd without further action by it, to se_ tf against the Note a monies owed by the Association in ar.y capacity to any o the Obligors and also to set off against tine Note, all other iabilities of the Association to the Maker and all monies ow by the Association in any capacity to the Maker. The Associatie shall be deemed to have exercised such right of setoff and have made a charge against any such monies immediatel- upon the occurrence of such default even thou;h such charge is ads or entered on the books of the Association subseque thereto. e Association may at any time in its sole discretion comp miss, settle or extend the time of payment of' any of the dam. ds or obligations under this Note. •and all of the parties Li le for the payment hereof hereby make, constitute and appo:t: t e Association, his or their true and Lawful attorney for this urpose with full power and authority to compromise, settle or extend payment of said demands or obligations and to acquire, satisfy or discharge the same of record, or otherwise, as the parties liable for the payment or collection hereof might, or could. do if personally present. Each Obligor agrees. jointly and severally, to pay all costs of collection, including attorneys fees. Each Obligor agrees, jointly and severally, to pay all costs of fees and attorneys' fees on appeal, in case any of the principal and interest due en this Note shall not be paid or should there be a failure to comply with any of the terms contained herein, or to enforce theterms of this Note, whether suit be brought or not. Each Obligor hereby waives demand, except as herein set forth. presentment. protest, notice of protest, and notice of dishonor, and agrees to pay all costs, including attorneys' fees • -2- a''Ilt ny attorneys' fees incurred on`a., whether b ht or not, if Manse/ shall aftL. maturity of default hereunder be employed to :c.i.cL this Note, the terms of this Noue. Each Obligor hereby consents to any modification replacements, extensions or renewals of this Note or a thereof by the Maker and Association without need of not, agrees that it will remain liable as such during any modification, replacement, extension or renewal hereof ::r, --.a debt represented hereby iS fully paid. Each Obligor oc' e-ts ._ and waives notice of any and all waivers and modif catis :heft may be granted by the Association with respect to the ;.hymen: other provisions of this Motu, or to the release of .y Obligar or any r_dllateral or any part thereof with or with substitution. The Association shall not by any act of om commission be deemed to waive any of its righ hereunder unless such waiver shall be in wri the Association and then only to the extent forth therein; a waiver in one event shall continuing or as a bar to or waiver of s subsequent event. Notwithstanding anything contai no payee or holder of this Note sha' receive, collect, or apply as inte amount in excess of the maximum and in the event the payee or a collects, or applies as in:ere which would be excessive int reduction of the principal paid in full, any remainin the Maker. in determini payable under any speci rate, the Obligors and permitted under appli payment as an expen CO) exclude volunt (c) "spread" the. term of the obli throughout the aysUp NOTICE Thla subarea neeeata be eche.. for a pu In accordance wlm re merinos stl Men In Aelarni Code. The apprise. beoisionerne renew the inbnnehon et the public he rocommoneaeonor a finer sion or or remedies nq and signed by pecificai.y set not be construed as h right or remedy on a PZ-22-1 d herein to the contrary, ever be entitled to st on the obligation any fui rate under applicable law, holder hereof ever receives. any such excess, such amcun: e,t snail be applied to the bt; and, if the print:pal debt :s excess shall forthwith be returned :o whether or not the interest paid or c contingency exceeds the highest iawf.:: sociation shall, to the maximum extent ble law (a) characterize any non -principal , fee or premium rather than as interest, y prepayments and the effects thereof, and tar amount of interest throughout the maximum tion So that the interest rate is tar fart ntire term of the obligation. Whereve used, the Singular number shall include the and the us of any gender shall include aLl genders, wherever =re context s• admits. IN tTNE55 WHEREOF, the undersigned has caused this instr ent to be executed the day and year first above written. MIAMI CHINESE COMMUNITY CENTER. LTD., a Florida limited partnersr.:; Ay: M:AHL CHINATOWN OEVELOPmENT CORP.,a Florida corporation. its general partner jfh345f By: -3- ISAAC SHIM its President .ashy irym body end o render idon 91- 779 if j a HPR 1 This submittal needs to be scheduled in accordance with gelatines set f, Miami Code. The applicable deed redewthe infwmadon at the pu recur mendanon or FOt VALUE RectTVYC, the undersigned loudly and sVV,rstly thereinafter ealled "$orroeer"7 prom of LASTER" NAT20mAl SANK, s national blinking association (hereinafter called •lender"), the principal !tilt TNOU$AND COLLARS (111t5,000.00) together with interest thereon from the date hereof at per ,*-half percent tlys) abew the Prier Rate (as defined below). Interest shell he calculated cn for the actual Herber of days elapsed. the prinefyl and interest shall be due end payable in lawful currency of the United arcs of Aasriea et 666 *axe lie Leen !outward, Coral ambles, Florida, or at each other plow as the larder tar holder hereof hereafter designate in writing, es follows: CO) C.:amending on April Z7, 14g0, there ehett be due on the 27th day of instettnents of ;rimiest in the metre of Sewn 6u red Twenty"Rine with interest an the ewestendins primeipal balance. u.uc hearing mthe Lib of eking body will ring to render a aldeciaon. payable on n..... to pay to the croer of ONE $UWOREb SEVInfiv- rote easel to we are e butt of a 360eday veer th thirty-five (35) eoroseuttve aglal 11/100 Collars C117Z0.171 etch, together -`•'r r..,re and the entire i willies represented hereby ;hell be out and All payb nts shall be spatted first to teemed interest and then to )merest. .rein " ..._. in pert at any time without penalty. It any Payment it not mode in full when due, the entirelehpaid or Interest end Less any interest in excess of the maximum allowed by law the holder become immediately due end peyebte without notice. Fe by Law, or in the•fOterCir <Precise such option. %mile in default above the Prime tote. •.'�� "•r• of the •Prise Rate" for purposes hereof shalt be that the Will street Journat (Eastern Edition), provided that if be applicable. Any Marge in the interest rate hereunder e s of the day the Prime tete changes. Borrower and all sureties, endorsers antique' of nonpayment, protest, notice of protest and el enforcing any of the security rights or in pros evidenced Of this Mete; (b) agree to any euest or retrace of any party or person primarily to institute any suit, or to exhaust its against the Collateral in order to 'WO postponement of tier of payment of th densidarstien to any of the foregoing express written release by the Lowder for all suit duo under this Mote. )pal bstance and accrued interest, less any u»ar-r_ any rebates required by law. shall at the option r to exercise this option shall not constitute s waiver la Note shall beer interest at the maximum rate permitted merest, et a rate avast to six and one-hatf percent (6151 e of Interest designated as the prime rate and Cuated eaity ,n re than one such rett is quoted, then the highest such rate shad: lting feud s change in the Prime Rate shell be effective on are tore of this Rote hereby (a) wive demord, presentment 'or parts ratio. ther notice, filing of suit end diligence in Collecting this vote, against swot the coltateret (the •Collaterel") securing the obligation!: tan, exchange, addition or release 04 any of the Collateral or the aodit•t- ly liable hereon; (c) agree that the lender shalt not be required first Les against gerrewer or ley other person or party to became Liable hereunder t' ptyalnt of Mill Nets; (d) *anoint to cry extension, rearrengetent, nerviest `• Nets and to any ether tndultam, wed+ respect hereto withelrt notice, tenser. .• to) *free that, notwithstanding the occurrence of any of the foregoing (except n - Muder), !hay shaft be lied resalto jointly and eeverstly, directly and primarily. liabl ley ether documents !dearth' this Note. Upon the happening of of the following owns. each of which shad constitute a default hereunder, all liabitit,r of each torrewsr to lender, - ther or not widowed by this Noes, shell tbereuxen or thereafter et the option or the Leer without notice or dated • dire and payables (a) failure of any LOrrower, endorser, surety or guarantor ("ablitersi Perform any agreement h - or t0 pay in full, when dwa, any Tndebtei;ess or liability whatsoever ;o Lender or a installment thereof or t r - t thereon; (b) the Mime anypetition tre er the tWcruptey act, or any similar federal or st- statute. by any )Miter e) the institution swinge any Obligor of a promoting levier the 5wk %lptey Act. or any similar feces^ or state Statute, we proeeadtrp is not dtmaissed or discharged within a period of thirty CO) days after the citing there: err u oppticatidn r the appeintsent of a receiver for. or the asking of a general assignment for the benefit of credit_ . . .. m.• iron► of, any Obligor; Co) the entryof • judgment against any Obligor; (f) the issuing of any attachment larnrshmant, or a filing of en tt.,... •e•Iner any property of any Obligor; (9) the takfng of possession of any suastant Dart of the - ty 0f any **tiger at the instates et any governaa..•t —.ha,-roar rhl the dissolution, merger, eorsolicat• or reorpsnf an of any Obligor; (i) a default by dry Obligor under any ceder instrument or 'treemem r.., a... .....rani,. securing ion evidenced by this Note; and tj) the detweinetion by Lender that a materiel adverse Mange has 0etirret ten fT t eendtttan of env Obligee from the cenlltiars art fertb in the east repent financial statement of such MU,:: NW Ob /m.•... ... -. u-.iuyi re unity in any mayor; or that any wmntigr nty. r asentetten, eereiftwte tart.e• staes en Note i s. , t__ es or in 11>1t11iifon with this Note or the toe, evidenced br the Lorretser, jointly and severalty. promises and serves to per In the event of a default, all costs rr.... red O/,the hstdar hereof In (attesting this Note, including Court eases and aetoritmlr's fees. end step those costs. axis / -9ri THIJ Page 1 of 2 305 577 3055 ‘0 779 star M tttte stir *Mitt be ierreemoom owo tetoreemere Ott eti11le Otte sell reser2222r2 u. tarts law. Olt ratne ere Orarta.eti 022titWv fir thus iVett ieshell weer M. .tnevter, I4 the eteeeul fry, feeHM.te one neuter q*ir I4 teNiyreend whooe*er the demerit ;n me, event hosts interest cinetttdine icy dter.* or fee hew to be interest bye court of to bl Meet. hereon in evilest of the highest conttnet retie etteweble by law for the time *txh R end mishid, end if by ree$en of eteeeleretien of eeturity of Nett indebtedness, or for env ether the highest legal rete shall be till or paid, any Stith extras shelf constitute eel be treated as a end shell operate to reduce such prtnetprt by the mount of sleh excess, Or if in excess of the or excess shall be refteded to Serretter. Without Melting the generality of the foregoing, and Mtwithst agreseent, no deposit of Raids shall bit required in connection with this tan in an motet which will, whin .t. ` rw - tee prir 1.Tel went outstanding hereunder, caute the rate of interest hereunder to exceed the maximum lawful te. This Note is secured, inter *.LL&, by a Norelege of wort date executed by the Borrower in f •r of the Lender, end reference is made to the Mortgage for rights es to the deceleration of the teeturity of this Nee.. EXCEPT AS MILT BE PROMPTED BY LW, LENDER A11) Boma SAREBY AR AGNOLT, VOUArTAItLT AND EtTRER NAY NAVE TO A JURY num. TN RESPECT TO ANT LtTICTtOI M* motto. co met= CUT OF. WTI, OR ANT massoo T OR INETtleeNT Co1ITF7OtATEo TO it DIECtHm tN t rt a NERETI TN, of DEALING. StATERERTS (VNETNER ORAL Os YEITTSN) ER ACTIONS OF EITNER PANTT. IF THE Taal=R MA IN Metal TN! RAMO OF A JURY 11tA. IS PaONIETTED, NE MER TTR 1101201eR woe TTO LENDER COUNTERCLAIM IN 9T01 LITIGATION. ANY GAIN AR!StNG OTT OF TVIS NOTE. FlSMMONE. max TO tO1NICAJDATE ANY SU= ACTIOI IV VNtct A JURY Tutu NAS NMI YAIYIO, VITA ART COVER VA VID. IRIS PROVISION i! A MATERIAL INNXIBINT MR TIE lmu'S = OIRC CREDIT TO i PP-12-90 THU 3:22 Page 2 of 2 ills suhrnrtal needsfo a scheduled tor a pu in accordance rtlh ti Deices set forth in Miami Lode. The applicable decision -ma review/the informadon at the public he r,co naendaronora,nai PZ-22-1 01/ ring body render a !ORALLY YAM TV Rifts OR IN PONNICTtCu vrre Telt COME OF CONDUCT =KIR Of OF ANT =GA LITIGATION It ONE OVEREAT AM A NDN-CONRILSCITT LENDER MOr ACORO ER BALL NEC iN %MICR A JUST TRIAL Wiesen IF NIAM CRIME ( OUIIYY cum. LTG., a flerf+di li b pertr+emehip : Its general partner, MKAMI CNTMATtleN DEVElo?NENT CONP., a Picric. corporation Sy: Isaac Shi', Presf 305 577 3055 **.w*** t ** i***:I ***aM********4#******Muumuu**•********. *44 . v. 4' TRANSACTION REPORT DATE START SENDER RX TIME Pam' FS NOTE * APR-12 9:23 APR-1:— 0 THU 94r- 779 r/m,t:-, CONSOLIDATED BA July 15, 1991 ur. :ssac Miami Chinese Community Center, Ltd. 331 N.E. 18th Street Miami, Florida 33132 Re: Consolidated Bank, N.A. ("Bank") Ltd., a Florida limited partne priority Florida Real Estate Mo 10, 1983 and recorded on Marc at Page 677, of the Public quently modified, (collect located on the east side and 19th Street, Miami, Dear Mr. Shih: This eucmitet needs to be acheduletl for in accordance girth d mopeds set tort Miami Code. The ettegcame ehmeio redew tee information at the puha remmenendauon or 1•=n to Miami Chinese Community Center. hip ("Borrower") secured by a firs: gage and Security Agreement dated !larch 14, 1983 in Official Records Book 13892. cords of Dade County, Florida, as subse- ely the "Mortgage") encumbering the proper:• f Biscayne Boulevard between N.E. 18th Street orida ("Property"). n nearing he of m eemraria nng odt to rentl er a eeciaon Please be advis that the Bank will release individual units or sores from the lien of it Mortgage, upon the following terms and conditions, arc upon any other con• lion reasonably required by Bank from time to time: i) Evidence satisfactory to the Bank that the improvements be made to the Property have been completed in accordance with the requirements and standards imposed b.: a'.l governmental agencies and/or authorities having jurisdic:ich over the Property. ii) Evidence satisfactory to the Bank that the Property has been legally subdivided and may be sold in individual units and/or stores without impairing the value or use of :he remaining Property. iii) Receipt of a.copy of the Contract for Purchase and Sale per- taining to the unit and/or store sought to be released stat- ing a purchase price acceptable to the Bank. 9i-- 779 900 west 49t1+ St • Poet Office Box 2157 . Heiman. nova 33012 • (30B )558.1 OOC Thta eubrrttal reeds to Is eche.. tor In accordance Pith dmetnesert to Miami cafeThe appl'betie dais re Newbte tntoonedon at the pub rxnmenenoauon or iv) Receipt of payment in the form of cash or a cash check of an amount equal to eighty (80%) percent .f t`.i Bank approved gross sales price of the unit stL,r< sought to be released. vi) Borrower shall not be in default in the p: formance any of the terms, conditions and requi ments of Mortgage, the note secured thereby or nv other dd,:_ ment executed in connection with the an vii) All releases shall be in statutor form and shall to prepared by counsel for Borrower - the expense of Bor- rower, and shall be in form an substance satisfact3r. to Bank and to its counsel. viii) All releases to be granted Borrower must not be mace in a manner which will render any portion of the Property remaining subje to the lien of the Mortgage landlocked, inaccessib to public highways or streets. or which will leav- such remaining portion of the Property economical unfit or undesirable for develop- ment, or sale, or unable to be developed pursuant tti the then exists zoning laws, but all releases shall be made in a m ner that will preserve to the portion of the Prope y remaining subject to the lien of the Mortgage re and adequate access to main highways and to public tilities without the necessity of obtaini^.z rights oway over lands of others for such purposes Access any interior portion of the Property shall to by st et or road approved as a public street by the Pla ing Board or other governmental agency having ju•-sdiction thereof, and for the improvement of which end has been filed, if so required by said Plannir.a oard or other governmental agency, or if by a private street then after adequate easements of ingress and egress have been afforded to the portion of the 'Property remaining encumbered by the Mortgage. in form and substance satisfactory to Bank. ix) Borrower will at its sole cost arrange for payment :o the Bank through an acceptable title company every time a unit is released and for the issuance of an ap- propriate title endorsement to Bank, which is in form and content acceptable to Bank. CONSOLIDATED BANK, N.A. a national banking association BY: EMILIO ROYO, S.V.P. CONSOLIDATED BANK oboe neahny theEhyot dung body.dd dnotomr ere aldeciaon. 9i- 779 63 This submtlal needs. be acben,ted for In accordance wren Idmatinee set. hgami Cale. The a...etre becisi rMewthe Information at the pubf recommendation or a' PZ-22 4 riZY.TOVLEDC`a.D !+ND AGItEL d : rapt CHINESE COMMUNIT'; CE4 r.ottSa ilwieed partnatchtr oar "*GMT ,KTNATOW DEVEiO MENL 'Rt7 a rlor'ida corporation, genera. parse: L* tac,aht , P4¢., .Jane Atta$C: 36ay�5hih, Secretor•, rnH ri iH ATY, SCd1L i CONSOLIDATED BANKS j - 7 7 9 brc bearing the Llty of eking dory dolt ari gto render declaim ACKNOWLEDGED AND AGREED BY: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership BY: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, general partner By: Isaac Shih, President Attest: • Joan Shih, Secretary [CORPORATE SEAL] CONSOLIDATED BANK ThIsauherlital needs, he eche& led for In accord erre WM hmeiines set fort Mlard Lorie The apposed deciscn 'excel the informalson etthe [ebb recornmerdationor a PL-22- hearing Me City of lure bogy enli nng to reird era decision 6 5 9i- 779 ACKNOWLEDGED AND AGREED BY: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership BY: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, general partner By: Isaac Shih, President Attest: • Joan Shih. Secretary (CORPORATE SEAL] • This submtlal needs. be scbeciii. for In accordance with tl mein. set. Miami Cale. The applicable decisi re•ew the Information at the publ recommendation or 91 CONSOLIDATED HANK w 3 CONSOLIDATED bile bearing the City of along hotly Mt wing to render I Aecla on. SUBSTITUTED i CONSOLIDATED B July 15, 1991 Mr. Isaac Shih Miami Chinese Community Center, Ltd. 331 N.E. 18th Street Miami, Florida 33132 This submttalrceds to he scheduled In accordance wAhtlrnetines set fo Kee. Code. The appllcame decisi redesvMe information at the pu rzmmmeneadon or ueuc hearing nthe City of ailing hung will dng to render a aleeciaon. 16/24 Re: Consolidated Bank, N.A. loan to Miami Chinese Conununi ; Center, Ltd. - Promissory ,Note in the amount of $1,399,650. Dear Mr. Shih: Enclosed please find original promissory note dal May 29, 1991 in the amount of $1,399,650. Please have this note plus all addendum ex ted by Isaac Shih and Joan Shih and both signatures notarized on the reverse side oft note. Even though the format of the note looks 'tf erent from the first one you signed, the contents of the note is the same. Should you have any questions re 'rding this new note, please do not hesitate to contact the undersigned at 364-8299. Sincerely, itiOttilf#614_,A44. Carlos Cue Assistant 'ce President 900 West 48th St. • Post Office Box 2157 • Hialeah, Florida 33012 • (305) 558-1000 91- 779 6? ,eartr• • '.'.Calmat • 1 ,..t• wnithel ",lilt• e••,1.I..,,.. s•r , „•*•n I* l0 oar •-t ,alder a* CONSOl10A'Et; 9.1.41( , .. 49 Svetl. Mla,e f' :.' s 33012 •„ el Iuen dfnu ilia Jt Ire S.4 ..N2 - Y AND Tidal .CV )1,4Er _.,1l• rterell it a •tie DI, annum .tech at so hell** 0,10 Ds • • ' ' a,um...-r et10.e t-1 I A Ile '•at4 " ,t•m, are defined on the revert ...Ws,. :ace. :Nina..n :he •r"•-, • o'• •,:9 '•:,^ - ••10..• ••e ISM pant;• 7,•k: _'1 •� 1,• l day 0l ant ;Arlo 0n*o ,n the eats K*tx •u OAC0,,nt Nate 0• r• , - .0,0 • .,t ! o.. , ,.. ,: 4. ,o..' .' NOn t tt 'I r 1 ^,; • _ the amount of 52.000. ;C 'us 'ntereit ''.i •!u_ .:�vP. ? �OPITen. , • ^e _- . le, 199: and on the 9tr dad of e:lc' . . •-- •a".e• 1:,1: -late `re art:re outstanding ;•i.'.nci Gi'. :`• inc.: , l•lf te.. NI rh ?' i 17._ .:ia•_ al - ,e sue and oayabie and snarl _e oaia. ' ' a•• ':•1• '•eee.ncer srn- •- _. .._.. :ayment oa ;ate interest and late fees, ' env, :ht'r, .., accrued 'nte'•0 _ _- snail then oe applied toward the navmen' of unpaid ;1r!ncioa'. In the event MIS note Is *tdeuutd by Obhgo, w,1n.Ad,C3D0' al the adM70'.a,l fete aelipnal'0n nav,m Noidet, the MOiOit MeV l!l*tk Ih1 .OpreDnela rile A1HDM10Ddn $c et It, : -rr rrl such ca! ant nrmsI',n inn occropnite its eloto ?IElbn had bean p.000nv .odleeted pit°, 'c if At •!let.,blln tat Ore ••vfe an alai! 41 W*d,n tote ,ne0N0M'nL 1M teem Cell.letel SOW ..I.. !C n.0.1 d1n.1 a0.,•':tl4 sc noeu110 •e I rue Durp/ae.Ola•henn Mel te, any Olinger of IO,euel00r p'adOe ConeC•w... vi roe fur,. ,s rn,w .•, he reamer.. Mellor In any suavity, l01 0g100MIONN 0r edan10. end Old npnt J, I+o GM aga.•,1• u, d•ou*•' : ana errn.l W NDI01l11t Ire Unit tugging. Wt1h faa000I UNet0. the 01n,01un00lItan0 del ••,e •tamme, , aI.,•tnru ad o0 M*Ote 00 m O*,L DNO• ,n NO, weer es the neleeo w.Or111101 Io •n. 0•.•.,041 d •. '. • ...e"• .pa. Mlfher ono. 001btelll thereat te JNmlo 10e0uele or net ea use,' n fat* r,1n•,n.• •• - 0nO le nn0'Oale and 10Vitd1A00n1 hereof end Veen, al oven het.. • Jn l t*•cf,u,u.r• • moat seeulgd Oa the *alder. end wNIM. 'sent Ie.O'*, •0/a'ul• t, •, .• . - '• • •• M'stunry 10r*W1p1.1 Of lei. 4.0111 erode,., ••,n•111t,•y 1. C011nerol. ,ntlu0lnp wli0Out u,nllt1,01e ter O'Oa11,..w1.ch ins, -• " • c hearing e City of Inc body Oa ring to render a declaon ten •aaorertertly qm•^foe r_a. t '90f 1910•t •n p•• Odu•e •r'x•e^. I* ' • • • le4101^.1mMn No O• Jaen. J' tea'.0 ;0•'-•• • 1C lull 0, C*n0INC••0I 0o 11I*•,er of a,. ^ ••.-t•: •: 'u[h 001'1101 wan *na Il •.+Pro* a' 100x 0••00' sc.•v a he. .me J1 Cm11 *Whey, Of 0, n011:e 10100•• Cut' .: 1.1•11 Moe 1, 6,04s el the O01.gt1 oat at 4*1. nett •^ •his ,^1" •^••• q4I.1*1I 1n•1• islet 10 the ••e.0110nes1 •10lelea,l0 Or •• • •:'1 land the O0,•ge'e whet he, :••{V• •• .'J'• :^'t•1t•s0 .• •- .. :..1.•.0 .0 0.001:10 I.•.;. •r• SEE ADDENDUM ATTACHED HERETO AND sti ul.•;: , slADF : : ao? wcwE1' . T111 MOLDEI ANO THE OPId00•S SA *Li •.AYE TWE MItihT CONCERNING AIG*TS AND DUTIES WIT*+ atSrtel TO COLLATE The *epoamne 0l any et the lellowme eventa shall e helal*NI*I 0I001*11v When rt becomes dud. .bl *nluro Of soy 064 dioroel or ,nfens/ 111en0N; lel tedun 01 env Oblogor t0 CIAO 066.41x, 111 A Inv Obl*per *sdbenll ,n*sIwM Or *m Meer CenuneISlal Cede Or ',andel WI instituted Or moat by or I 001i4X. ill tot tidying ar Mee I•W. acute hmfonl'r gamin soy of tits Collstsrai .nIMut wr,nln :oniont of tee 11 el any hate lh0 14011N town :hat any evert connected/1mien 1hte note Or the I4*n or ;,11OM Iv WWI dal defined heroin. or A Melds. an Inc a effa0010 tmarHl or 04404011 and Inc cocotte MI11Y*d. *0 n0 event and %mate n0 t.ro0m da011eTmp 0nr pion ant un0CC1W00, 0* copied.Menn t0dn tear •nil/n1 Caen h0.Wrod*, l0 •0e0011 el ana teens mien e 00*0u1N 00 ear *0110 Of pby*InI 0 *Nees M Nr *ran *Kean n0eul h0.0by *Ad 1ny lute. e00111 • d.bWON 0* One °dhow. or • Ipyt Meek wen *OIu/1enN1S inn *alder Mal new end Or Hond& or donerwu iharoM tend. we1ney* Own Or NINOr.n •m 0n1' *spieler ODM tin we WIM 0.Oaes* yllnet Win 110 * AND CCtIGO . .l.. nESoEC' -us :Olt•AYtal, As sr tpa... ., •.,1 : - PAINTED ON Ts*; lEvENSE otREOP elute 1 0.1aull hlryun00, 'al 401.1rt o' any Ogbpof to oe. .n to, IM O^rot :i ''•.• • O end •n Iva* •nh*n duo a w •nd1Du0110.. o0119eh0n M 1,00.l,lr 10 M016s' ..e.e01.•• . • .., :. ' • :: aereenl*ni 110,0141411, 0, un*s, enr Stevie!. •re*manl Iltunng :-. Ob,•gett0M1. • . • -•• - . *1 Oro00.droVi Ia1 n.0 *efm0 m101v.n1 ara ',neelven*r weeseaing* I'I e*hyt • '•1 . •__ nal Inv Obliges a, 100ntdt+0n*.enr ire e0*01n1m1nr01 a.•uwH•0, 114 Ob.p0. 0••o•1•• '•• at0e+ L 0* Inn l'emq el Oh, ellPM1 env dlettr0v 71 0nr 0bl..0r. :DI Ina a1I.q^^e^' D. eh, 3.0 :_ def. • \, . febrile*nix'N. C.*O'Cel•l 0, r:e,l1'.n, :Il thy JOhpe,•wn.*na eDeta.ne; • •h *.34 't.••• 7•.. • •' • . cad by tette note a,0nr 1/tur•*I aq,r,•••enlu0wma th.enet. "via 001 be Mil a•. 90r*n1n00lt•••0 T r.'.' eel* .n*0040110f se. *melon •Mato0*0r; .d In* angora .mount 01 JAI note rgma•n.l' .00* 0 Ole ••• *'^:.- ' • ea 'N low. teal. e•rnme flue •rod aired,. •op*a.m 1,'np.0h•. el the 001,0n ' '•e +Owen, I•d . ••' • tee tell* 1101000 N1 e,.l•11►0 he'•un.l.' +•• • ••mot s. . .n*ar^1n 4.111rra* ...Iha1 e•.r..1 • •• a e. •.. •' : e' • and ..uu,n001011re11 . . _ ... ... . • r.11 ., '.I ••+.n •a0Oe17 D,•'•'CI :0 a•.e •• .0•.-• '• .. - *•m.al*0.:10Na,1;u1t. • .• a 2. .•,- ..Li. , h.• .,f•• ono . ..••'La•,all 1•I • ••. • , icesndl a0Ow000, Dounnl" .- n . •,• y•.1; •.••' .••.•r'.,•-1rn1 m1•+• • ...,J:. 1• •. • ' • • N1r*ltn0ar fain !fella DI Ina oa• .1.•m.'• •-• •.... '.1•.,' - n11yt r•!•.11I ,I• •roe �•. _ :t•: .. • • • . to ea •n.l 011 .. • ,. • . • .r.... .••a.,e0 ...nut .n0r..na .•I f.1• .•.. • _ • • • . • . • 1 wwotn wh 1. l.1. %SIM 01.010 •....Aide, 1•11 ...........11 ,.moot' '•ar it t1 Jet.'n 'hf••-•• • • • I1nemn eele4,e0 0, rtelafnnolwun.u-nlnSo•• c'••m.... ,•..•;.• •n a.a�a+Pr n.a Ira* alsao.e .. :•.... sent. e.t.a.,:: 10 -Inv .n11na1 sr0100• ,:Tenn es me. Dr ..mood ID• .n th• p.Pl0.000 . ••mar , r•.. -0 •. •, • • Sy 1*/teat *undid Senuna any Pon so :•. nph!t m.* •.menu t chimed.* I .ItW*O DOTtaen :1'Iud^'.!• ••t . M.0.010 ne.d.r•.nt•.att're Inem.+•deb.. an•flr lne wnn•n n•*elm wen• -n e00.11171n 1* 1n.I "tut 1I *tin* •0 I • e' • • • • Dn4th* p bey June 1wm:plop. M0171r shad nave IM •/*011 •'0000t6ipy ail w.lnO,l luw0e, talon 0. •I I0 *11 :n *Oa • •. • . 010ViOv to Oleo 0nn,Obl.got.whiten' 0r00* sale. ono Oleo to 101d'• ag•1.111 sr Miff •.00d,hel of *I1' ••11.• •c "^ foe• Y • • •• ' *Of .iota►Cope, MdNO.Oer snail Oa 0100.6SJru M..•.yrz:r•a arm:* •idol ofu1.O* ana l0 nett m413*4 '0.COI aa. rot• •'`• t..• •' • . . . o. O0*Yen 401110 Or Othot event .yen Indian Win cn0' I -I "eel J, 4ntel0d•.n *toe DMM* 01 iodide, to*tided" Vitale NY lend 1N 00hgil.Mt. '*1 Onion *0 Plitt wl•..tnelJUOw.rq,:.0al.pnu of n.m0l0•l ofe0O.11r 1.nw mo of .. ,l.e _'_.'* •OO,I.Ctdnd*d1broW100r info CanIIluttanat laws al oho 0.61#n!'..t/•n.d lhr slate thereat..?ta*m0nd. bl111n,04.• :•r!•,• -a' :'• • only sin all only r/0W10N11 Asesst00, fe *10fg1 0, no10 enr Obl.ga' lab.! eat Inv Obfp*00*n'. (31 say'Ammo, 'r:q C• 'C• : a[• • 7 a. 1 :7•' .few Or 1,0ro1re0.00011110d.d or Igtdm/ni 01 •001blednees :41 a.. s1a*u*Y. 0•ur•ru41, and •IOr•1•at11II lee CM eon1l,r e' *•, '?Do yt• • .. _• • • •' - seleM Mee S.M. nod, di ...a00::Si one ,.gel. 10'nro,00u 1nr Nb ed y Givwt*r_•J.m OI the Mt're M •1nl',OVOn .n Inv . 1.01:.C• • •, • • . .1 . 0 soot is serene 11M'N. Th. 0bl•94n *eoueua •pqt inn one Jbapel.ont 0* am 001.11y. mar I1O0 Wee In ... ,* n w*u.e : • :a• • • • ••• • sa NCH.,u10..0111pr0m,11d,Moaner,.0 do 74#Ialtlr tit. wo*Jp. sna eat Calln011u0*Mwo,bpi 01 ivy •g0t01af fly a•. ')C•; 11 :-1 - .' • wets Or In sem e0 *1011N•N. SII Or roil Hee•b *MOW norm!! 111 of lufleer ueee.. !nPM Of into!, ap0.M1 any Ctv.To• .1r' 1 ' ., .. • 1 • . •., •-• fsem."et. 1,..v,MM, eabgerTh100hporiW0ha sea ll•a'0'1r 10,0* 'O 0es JaI.ingt ulna anti •u¢OlI%JI•C"+rr.w00. a• .^I . .NM. sat• 00040* en/, .n*1u1Mp alfef. ors *an •••••Ile. of ..*hhnJ , a0l^*n e..N.••• .OWu.,. oro•:e.ange Too Not01e *hell.* Off env act. De..., ym•114n J' o,h.r•w.01 0. J..MOJ Ib h*e1 waned any se'1 • yale of •Om00.01 .nJ •• .•.,.. r• .' • . • 441011.m*M.*np NO.1pnM 0y*N *loos, Au1Cn11 6.0.4m•d60101 the t00'0Mundo, too l*rm10f11Mn01I Inn y1.01, env eletules 0••. e13' awl.* •' at1v *s MMenlss01%N1N*04*y Or ee1KVn0*w Tit 0b•.poes Iw1l1y inn 50.0101y ayes rout 1110 NOIO*r snot co osmium to Na •n* • Jwll so a rot'.n.. - M1O01001 m11u0NNL Th•* Mlle Shell its 4Oreu100 by Ind coAsffw.l m OCC0.00mt1 M•10 Ins 'ors el fel Stele Of Raw. any *o.'...............f Jo**0p,0000t10, env/Old%h0.,em.10w.N/1W.n1ItK1114100.01.IM161 noshynehtdocNW'Mv 0•.0r0001me WM10110NKU 0 1*1, .n'O•r.0100•1 .' 1 • •- pronnon M,.00. el'y noise 40w.td ,a •t* y.y0n'' ley omen *inn b.0P/m.n 1.dl.r..n' ,• •nld•J 04,11•g0 O'0O1.e .0 *ten et•110r I •00•e1I 4* - •.. •'•• - ef• .1 O.O. 1Op0N1, to Nv .nano 0 aM moiler a 103 tin 040100' Shell have••n. ••yell unnndrl11* 10 carrels' DIIMI 0.IO01 n •h.$ .ale h ill IMd w•ee 00*40* sore to el OOWMI ea m. 0,dr'unnt y/nye 0' ."nr•w.a 4O0*11m0 7h 100 IK* .n7 In. •. *NO. 1.16 e' •• rho 001•*.n *Nil Oa ,OMIb .rod u••/ra*l '301* lei ell •0dlnle,:r est •*W oso.,,, •11n :r••• ',O0 A.A., bevy •roscA010 !At, nor•., he•*•: •• - NivoNO WOO**Ouut•p0 Of0K0h1000,04 toms. lot 1w•fNut•000*Nr' On0•Crn..•• p...•: moo -maid, IN, p,*.up*t O*l'•t nrlf roe :•: nJ•• e • ,• *4IMMC1I0a*en. Ammons lad aat*Ls en.* :,I ale% 0.0 a.r•, 00140/' a1•e trap '1 ,/e • • •tali a1f,'l the 10o041 •*s INC t111an 0,1 a 1u.1r1 1h•/ • *tea 1.*:. •. east Of lK* el Ma Obn0Ort '1! ANi C 4INESE COMMUNt TY 'TENTED, *natal 331 . _ . ISth ; r roe t "rarer, HOr1da 33U1 This suEmiltal needs to bet...dared for a in cmrdanre wRbtlmelin•e settertt. Mean, CodeThe applitatle ison- revewihe i nfonnauon at the public recommendation or afi PZ-22- ./ nr1. cnronrarinn_ ac^';1•= •^R�t• By: Jocument3ry %tamps were I ' f;•'d tb Toe M'tT t,lrh: and were tancelled. 0'0N CW".T *To -tor, 9 1 -- 779 Ing a •. This auCmtlal needs. be scheduled for In accordance with timelinm set. Miami Code. The appllca He beci9 review the Information at the pubf recommends.. or •••tilt-_ _ _ OEF:NI r •;N 30 BASE GATE •lt .M: •- t •tt•u,•'I^' •-0 t!1^ -Abel AV* tete n..,•' , '.I* .4l*m•i3M itr ..Jt'la1'det!'J Utln1 N A -1 JEIINI'1Of1 ON :)ISCC)I,n,7 11ATF At u1M • ••'t n/trurninl '»e •.IT ^•ICiunl •'It. 1n111 .IOS. • '110 ..1'.,n '.l ,h• •r.e.Uu1't •lie 0n0 lu•rt•a•tp M,•••' .• ••01 -n'.f• • {0 I• _lv *Jet WV' 1'Ie 'Jr n,nerr OJ, n A'O,'•.' 011141 .' ,•'Pet '•0'- ' -•• t• : •'e • .1 `nir•lu N.ierre t/n. ••• a• J• al JC' en 1n1�'n sue^ O'ICoun' 101C 0' lute•/•Q. Om hearing the Llty of *king body w.l *ring to render Mclean. A EVt)1VINli CAtOu n'he I•en• •h1 wets +0l hal J.1wn the ••,:•V O„nt'011 tu'll 1i In,e ' 'nl! u*er,000 Ih111'u J•i•ull ntt 00tu••fd 0000,0 • . ^.1' 1.'• •t••n• • ,sal areal 'h* Ol•I.lt.nl e•n •sari Rut. 10 f.'A9^t• 110AOtr,n4 a ld'1 e,Ifng.Ttnl ,Tut• ,olonh0e, 00' 1^• 100.11 '^• :C• q0• 310r•0110 fn1• '9 0!1!u•, 'a11 JCCu'1!d ' n•r U11so lno •AU/• p''ht•o1' W'• '•or.01 MI 0 00e 'RV 1'1e:0 due nett'. ••l. •n•'• bet t•eN•Q , ,t••a11, 11 It.'tiff to '.-rp •1' •0 *4provotl ;ufsl/. n'n0 pr.nt,a1. 01'Int•1h •t•00' nu.. AND Dt. ••14 • -9lUFN WI,. •Flip[,.• 'n 1:Ol Ultf0 Anna „*, 00 ntlw• .0 - . "0•111900. ^'t •10 • •r •a:•;; 1.0 '•0. .. . ^! .+0••t :.•'1•. Aithaugh • le'tult n•,Iun00• "•r 'u• nt'tl 1n0 without Ins n• •1/•h 10, huh.. •n et ten/tnl et on. • .. •r the MSIO.' Tar I.OR'1. 0n, -.^,• » •' • e•.Qe•1 wen •110ea •0.nr COIq'U.' n,. ud,ne 4u'1,0a1 ihh,Isha0 thie/1e the IMiew,ep Roma Ill to wend et' , ' r 1n of OIMnb00111n0/1r ,A10. 'M ,1,n1 0"n!'.O'0•• .1 ,n'• AO. *.. Pane• ".t COna*ll' •olheA1 01*001•A0 ol01 th4 M0'01, I .n101M1 •I the et. Nar00 D/fh. IT - OIW.l 00 Ot0000.10 vanity ono et, 111 01 '•1 00 Sea^r • J COJOMN/ '••010up01.lnr 0100000 ol,'.ntr•' N 101'1 here an the •,O3,101 the bolos nererne0• OnOb MOIOet MAil100e01ner co lulu OKnarg.d one •e••0.te ••3" ,0f00nt 0',•r 1•e tenth lot •h0 CO, 01011 s0 "in stowed out ►n e't trot. 111 nOnit .00 00.01ry n/Mun4 • le ID CettoleIOI Ate 10 tronfl0npe 'i) t0 /110w see ,.1-1 ': •0,4+0.4 Of ••' 1' .ytn#'g•I v, `r •ubthfo'.001 farina Cellll/te, 01 *Ay AAA IMr.nl .411h la1 -Y01, 00 01 Orly C011iNq, 1n0 10 •000•100 OA, pr0c1.01 0' Ir w0•^0. 01,0••C`•••`^M. CO '0111,1l •C'ud,A0 Money Ina In 401n•.010tneft COW..., I, 1004 U• 0•001401tn0000g.I*o... ! A1TI0M' 0,048 IMO 111110.1 :' 4.:' :C".;0P0•Hpe- 'sa. 10.r 0 'I:••'0" •ht *0.0,. S'0.1••*••I •nriniI Otinlhu Of rahug..unrw totAlAle ivelteDtlen et, :trot ,:0nt00. oOtteA1 O•RI' '11' a• 'a,a►I .ndla .oue110 d0T0n0 3 o'•0* .O,J,•--0•OT110 • eels! Intl 1c1;0t1011n0r*thllr t00,1e, ntua r11lno tel111800 bin*In*• .AIUO*M'•nt ('!•'l'*n "h ••og,,O oe f1,•14C10..,0•^••'n'oN'11•00'•V0*f 011E1,.00n n*Nn4e*until w•nl tMMmd0 n01u0n01141tn.10I Me•I•.03* tn'.o roea, Su^o^se•7"'%'0I! 1DAr •.TIn1 n• 0metw'te into net eat •ne "gn1 0, '•. ra101' le •0tln' T. Cutl.I.•1l 49 Lela• t0• nth.. Ob1.911f0e. ^e roar I.'! b10411.60 10^w• owe.t1e, , •C•,en ! 1.u0e. In•.,•**N/hn^e,InsCa".'a•'1•„)s01w<n •.•100tart te'.unt'e•••••:.•l:1• 1.00,1000' lge.snit 'tOuttl r*'IOfO Out tn. ha101'1n1dn•.11o'• rm. b , ntt1'Trn•wnNhor Wan sCi•en. *1.•I.I.n.O'• Any cows POn 1000•••It' •0,011140,01'00.J000 onal,nnltee .101Te0.11,10I•.0111'thie IIIIu•'line Cat.•()m.p.,11,•1nn0,11D0^1'U1010r,n*D•000NIh0n 011ne<0,1011•I0n11n1' •.• I:•ps 1O O,001 .t ^1•11 spit^tl 0•'e' 01n.3I •n. .1010•' OW' at',•. ln. •:QM 1a •l Pro., nor no nu.,ttt.dae 0,1et.rl "ants 1y/'n11 o.O100n'10. nn' 00P• •,. -S 40 • ••.04 tee 0nr'a•..•t '0 '00./o u00" O' •0 L0'b0I •e, •'p•. o, 00w0' w,l. •lpot.l l0 •ny el'he 0e1'gfhoal et C0111I..01 Of 10, $0 01103 In 10 00'.41 •h1 *tole., w'te0ul 0 1*.0O Thy 01(n0n0a wh11a0101N 044 M.e 1p1.010 0111 011 0, Den 01040 C01.1t1N. 011h0y4n In1 00II4e10)n8 m.1 00 :0nr.,Oen, t' ,�f'u•00 a. • Ph. MOIOO* Ca0Old.rl tote am / noun.* 10• n1 At. 1toe Sal. of Ina COn•let.l Mee De nuee. ll any lltnl IRO N1011110010 Whit. O enr -.am Ilia et lee 001,en el l0. 14010e• w,IROyi IdyenlseTN1t Of MOB- a Inv CMrOo•. 0010D1 ouch Roll*• 10II Iteu•100 by,tw Me Cenn0100 wew.e. Th. 4e1e1r,•1. .•e•u. the C00.111'0' at env such Isi1'Anew O•en,bd// Ao Iov.I h Item *et sew, of todoongeten one Atom oil mho IU'T0. AhH dldvinns.l11.01NN, ,0..O'+Q .Qe. sloe nit' and n1elnln '01f to• •nnnll•n'n0 or selling 1n. C atp11 one 0011101,n0 Ih1 0t040001 at lea. Ant Helder OW el,l Mt net IA IOOtoin. 10T1••ett e' *-0 eto03*O* •n 0►min10t or it a Leong a00•n0t .rlr 0I ant 0 • /u0n0. the manner. eeelt 1n0 011.n1 011y1n 1001101110n 10 0e ,1 IM $ell elllr0110n el In1-00'Ot• •^ ...ten, Obeli & a hr Ills r•. 91n1, d'10oto,en n, In. COII*•ef .1 •NVA•d by Ilw to 0A g,.M to any ptooeo. of C011e10.01. Ihl e10u'/*Erna el 000eboens000hte Asa a 00 •• it sen0.ng ow!. -once Of O*Or•011. ,n •nf'ytagt•n0 ^. at IOI.1 Iry c010n001 den beery 111.11n10 Of 1.1.0. 0,10Oa1U0n ?I1 0tI. oo 0011 1111.1,0 •:1, 10•,h• of,n•lA• of 1n, e•I•c 1-:. .,en •.torotl 0 • ,,.I.T.T 'Iwtul .110101 w1,11001 Contents 0ot0000r. Tao 1.10100r 10►h not see °boosted •0'•10»'• 1'• .•10.0, our Il •0 ..le..• -0. d•n:•!e 1e !n'C•ce r of 100 00l.g.1.o1,1 •A 001001 I4418M1 sew or .11 of Ma Ob11gors 40i.'n; 13•,s'»34 nt1..•• l^• `• J•ent0• n Nei, 4,011 n.nit lR0 •^I » :my Y ' et ev*4I,.. 'O IM l:.',OIT (.aTT•h:r11 :, le e' • , •ae.' % I:•U••.• • '01pt IIC'l?u,y '•v 001'ple nnl '••.•.EI•Q;••<••n. .d,e.t l.3000 b•'..00n1'01•1e,1,.t Uuau•w0•'.r:arse••; •.....•. .. h.!•• wr..<n*lr h. IOOI•<10.••':.• *1.11n•'••'•• "• ♦'a<Ie J'T! �tr•e1'.'M re.:!^<If •••4Or ag•l1110•n0ITn11y*Mt r•7h, and 141,91I <nr l.lbal•er 0 1,*•r1 !•pen►a• •!:!•'V =*.:' .ne• CCNNOWcE0GMINT *oft Aims , " MIAMI CHINATOWN DEt1EIOPmFNT CORP., a Florida cc,•pera:''fin, - - sole General P.riner u" MIAMI CHINESE COMMUt1I"y •4-F1orida limited oar+_f:r.rsnop SA IAt - SHHant] )� ;Hia; ll. 'r.;siwent an¢ Se:rro:tar'resnec_ _ o tooth*. Own .. ht. R tat I.I a1'IO^4'dHG^bad'^.^'f'r^nIHCnUn the ln••00•ng.nal•uTant'Ad I003Ow40g0010am10a ro•1'lnel'II . • •;n.bena1 f of :he :oroorat'''.r 3^ : - .TAY1 0l :DuNTy 00 �•� Etta,. •-• 5••11 •.•1we• *•awn NA oar nersrt air& PM- WIT *ITN . S T../Re 0.0 0•••0r01 toot 'D.* _- �.. _.fir l•• •.• TERRI AIR CONDITIONS :Is P • SSORY ROTS IS PR#AYAIL L LM MOLL Ot 1R pA5T Allroo t ratAI.:': 2 An won :4 A RStuRLMCT RATS OF U121,1UT AOOrr eY MOL:ILR GEMSRAL S10101/% TICK r1ItO'ROLM DICURIBPt4 CUE ruat1a: Cats? SA/St C1AR61ARL1 01 0AR20Dt CLOTS TO tORROYtt4 wits WRYaP0 SWUM: or C Z 9TYORT,Tr1tt. =LIDOS ACToIO80.mCZS AND .mitt sz TS IS TEE TrrESzS' RANT ACTUALLY 1 SO o Qm S SOTUCTIll OLDE IT'.a', atoms or ANY PARTICULAR CRID1'TOCNOVINISS. a.e^. J1f0 1a4 .1Il,00110 In, the Du•ou00t 1A011.• 4.01 .0 191, •i -cam. (2.(.4.1 Not Rum.: Sum, .>• .• Are'*, Tact. 4. Atte Mr .VTT,aa.OA 040N00 14 ,.:A1 SSALL TAT A SCRYtet CUAtO= TO ROLOet CORAL TO MY smut (431 etlr ANY PAYMCMT NRIOM Is RLCL:YCI SY R06COl etAl. ';L�• :v 21 DAYS OM TIE DATE SW2 mien •s aU1. tut 1OWIC! CRAROt MALL St 2110110 TO 07Yt1 T1 I14CLTAAL2 MO US :F =J. ILaim 1st to IX.Ora ARD COLKCT2011 OF APt SOTS OITLISkIISNI PAYMENTS. OILIOOR ea= Tint Alt MCI AMoWTT 0-2T201AL WON& IS OEPPTCVLT TO ASCQTALM NITS ANY =UMY't IN AOVALQ ASS MAT SUES furl[! [YAW& •S A RLAS9RY6t %0CY: *ITS LOONS! Alta DDSs MOT COMSTI oct TPTtt9ST CR A rt$ALTI. TANS SDIYTCE CRAWS SMALL At /P ADDITION TO ANY :uTERTST AT Tall' TAMS SAIL 10)ICR MAT SS TWOSfa LT SOLDER, AT ITS OPTION. ILI:AI AMES TO 1t90Otdit must co ammo Poe oatot 'S vat.' Wrists, OOSTu *t$C1AATN; COSTS ALLOCATED SY ::% :1r.[){!1t ••"P' :CAL OLIARflt1R) APO meats IM CAMIRCTION R1TR roc IMTt11RJTATIOM. 70I1tCTZOT at tMPOSGDNDNT 00 :RE OILICAtIONS ANC T•'Y yr,_ 1:S lU?!.1R:WZUD0l t{K 71 TATIOUiUM *. COMM /LLS.I1KtEYlCW:lit{tlaMISISXT01�X I XYdX'REKLIftra?IKE.Y.xtaaraSltvalJl a reasonable �'�• IU 10031m 110ALL Af1Y AORIta TO 011 ACTUAL CCAITTOR OUAOA31. Nt1104K0 71 TARDI AS AM AMVANCt Olt ION r0A1LAL100C IT JMl ICLTiATIOM. CV-110 TM LOUTS lA Aft) Sfa/L0 IT MI LAW AIPLICAALL IRAK rag TO Mg, pas TVS UST 7R STTtI::ON , moN r" t rot 101141t•WCT Za UMW ITS CaU.'CTICO. 27 TOR Aft (MASON TITS Note OR TUB 01LS0ATTOR1 tt41r.T AT ANT rag :9 •• t It^.M 14IS OP O=TERIST TUT 21AM1CLN04 Ts $*9DIIi isscas3T SUTS ►CJQTT= 1Y AP7L1CAu2 LA11 ' •r ANY). '1QR 1T* ACR*DIOT at MOTZCt. T71 OSLTGATION TO St IWIe*ED SNAIL IL AITOMAUICAL.Y 1tdOCLD TO 4UCS UNIT A117 AL' C.411 tY BOSGI :M LNSst Jr :ROLL :Amur co:1 ct:AU AA LMTOt4T 5OA . it It2/011Yta :0 OSL:0,D lb A- soma's -P1::• ArrIASO ARATItt PRIMCTPAL. SITS TRt SAM rocs An MCI as :► ORLICON 1GO stiCLPICALiT Ott:ONATt0 tu01 CL:*A OM TO 3f 74) APPLIED AND 16L71R SAO AGSM TO *CC MT SDP MBA PATMINTl As A ?MOW PISS PRD'AYCerf. , _ A110 loon fLVTRAi!. t! LIetY. VDLNTP MTAKILT AND :MTTIOMALLY sun AST alai MID NAY NAYS 10 A TLIAL SY .11 11 REDSCT TO aft LITIGAT:OM OR PIOCUSITIG CIILOAROLETt OF tALTN= VCR ACTION OA MOCEOIMO COR2918 ANT OUTRAL:JA: tT20ut at cam CLAM. SASSO OM TIE Ottaat'IVMY. 11Li4O:Mt• IIIY Mott: Or ACI:IMO 00r air. OOZE OE 4R' CC[1MtC::08 Y:TL :rs :::At:OR1. IM2..97MC !SIS NOTE. 11 APT 70eb1CJNT OOfTEMPLATo) TO SS =Tl:tD :f TON.L'NCTTOS 1TREv:71 '71 Wit! :OL:EL •SL-..I This submittal needs to be scheduled for a in rcordancewttbtimelines set forth' Miami Loge. The sp.. tie .lson- revewMeinfonnadon at the public recommendation or ail PZ-22- ADDEHDCM TO THAT CERTAIN RENEWAL AND MODIFICATION PROMISSORY NOTE MAY 29, 1991 BETWEEN MIAMI CHINESE COMMUNITY CENTER. LTD , A F' PARTNERSHIP. AS OBLIGOR AND CONSOLIDATED BANK, N A., A NATION SOCIATION, AS HOLDER. IN '11LC PRINCIPAL. AMOUNT TO ME RENEWED OP The Real Property described 'n rh.,• •'. ;i;' Y1c;r,da Heel Security Agreement dated March 10 11.y ! .uitl recorded Ma cial Records Book 1172a. at Page 1412, is 'ubsequently dated June 27. 1983; August 10. 1985; May :9 1986; tiott Agreement dated November '.0. 1988 and recorded cial Records Book 13892, at Page 677; and an Exten went dated as of May 29, 1991- all recorded or Records of Dade County, Florida executed by Ob as Mortgages. In addition co the Eoregoin Financing Statements filed with the Secrets Clerk of Court, Dade County and a Collate all executed by Obligor in favor of Holds 'c hearing e City of Ing bogy enll ring to render decision TED AS :F IDA UNITE:. BANK:Nt: AS 400 650 3C state Mcrtsage . h L. . :983 in :tfl dified b•: lnst-l_ar:.; addition. -o at; Ass...`: vember la 1988 _. .:': on and Modification Ag:ea be recorded to the ?ubli: ger. as Mortgagor and Holder his Note is secured by ;CC of State, State of Florida ant Assignment of Leases and Ren.s ereof. MIAMI CHINESE COMMUNITY CENTER. LID , a Florida limited partnership W MIAMI CHINATOWN OEVELOPMEW a /orida corporatcr. tt: general partner 1SAAC'34111. President .LOANH, Seererar: (CORPORATE SEA.. 91 a- 779 70 u 0,flf 411 DEFINITION OF SASE RATE .sfad n Mir mtleurnlnl. the term "Ease Rstt' /hell mein tot* rate "Itlbll/nse by Confol*ostea DEFINITION OF DISCOUNT RATE At unify m Ih11 r',ottoman?. the term "Discount Rye" that mean a rate *oust to the dt1COu,t rest and fur .0 oily fuels surcharge on nnetedlY COmmertlaf 060er In "fleet from tlma to nm0 at the Femme' R1*rve Bank *ten ehangt ,n fueh d,ocount rats Or sarchems. This sir[mittal needs b be scheduled tor in accordance vet timellnesset torthl Miami Code. The apt.. tie tlecizion- resew the information al the public recommendation or al PZ-22- *EvoLVINo CVEOIT •n n, orient the Mau. nos no, drawn the entire pommel turn 01 slit* nem prowoee that Ste deteUlt all °crorne0. *00, 0, 00*08 Rum hereof In Int seen' the pelmet intend Ian Mete to ewdlnt0 a r0w,wng matt arrangement (Ruch inienhon buns 000r01. the Obi,gor Dr0,,dlo met n0 OeRauh hes eccu1ee. may "raw the *ante pnnclest firm hereof• or a ban Defence One "Mounds, 'nett •Ceeramgit Intros* or 0,Cr1010 as lithe ea the aggregate 0ule1en4n9 con01Nl balm, altrn NIP f O, *1IONTS AND DUTIES OF MOLD/ V WITH RESPECT To COURT AL Although a deeub hereunde• may nos out end ienlleut the haggle" he nO11C110 Or consent et 0 Obligors tooth respect to my Colllrel, nc*udulp w,iheul ,sm1eton memo 9M yl*lwalg Foto It l fit 'atom 0, oI n1 nam,oN My tun Of rat Collateral, wb*0ur theCleMng that the MOIMre Mlaleet la Olt el a 00twse aoO/or C011a,aal wnar0UDatn NW pledgee Or Irensterea "hall hen ape ten rents Of Ice Ilea"' herelnMr. 111 teapenalbrhty end hN,*ry fir ten Cellteryl N tun/1M0d befitted noon a* rghb and powers here n0uetian0 or retries*" et. sachem*" of. or su0ntuben0 to the Constant Or any pert three: 141 to awards and ne0rhl on sew Collil4l, tn0hr0Mp meanly and le o1atd Ili gams N Ceealwel a apply aopl,cauon to bar rot the "ate daeret,en 01 ill, Mean: (/tsar esoew "Sty and.0 ngMS of young. Collateral. sod to It*udafl. Osmond. sue 10r. collOtt compromises. rococo andrIt*rpt fp Eh cart snail cease to bar settalec tom to the Molder. theOMgors shall upon amend demon with Ms 04ym11I or olhlrw,sl. Ms11 not affect the heal of th Molder 4 regain the Corawv ar The Molder shell be deemed to helm exercised releOn4Ws tam In the Clu*O0y **the pledger of Collateral "hell metres* m wnhng. but th Molder shall het/soot" re0ue0t10 by sent co0090r oho! not ee deemed a failure 10 teaBss ressonsbl Ill1l01 10 0ratlrve Mehl eternal tutor Dames. The MOaar shall Piece the Mph o• heel rat any latlure 10 relate uponor to swims" env neat or pow*' The molder. without mating son delnande whaeeever. shell unmIIu,ed, whenever the Melee ,der* each oaf necessary (w1l cordate tele. 1t the option of the Molder, w*IhOwt Idvartteement Or purchase the Collateral ar env 1u0n Mlle tome. greh,Wted by toga gaminess and OtternM law for mantaner* to lelbaq t said Dioceses In 0Wmen* O/,e' ea a memo eastnit Woo 01 the 00i0n1 n0bt0 of 'motile or other Olsp0eritom o1 the COI mot Oa 1/n01ng each notige. ss 0r0wdsd *n ins 1 Helder lot the pWm0n1 of env cefrc,nev. with n Collateral but. 11 tte "*Mehl may greased to on c nearing e City rt mg hotly. to renter a ec lno ;a• It SUMO med Of 1,1h^ ,• no 'nO,C Alta Dv ^ . nt ,_. ._ *OI. 4pM qm0 •t • A...-• ,^ . Motet /env toe f*tee..•• blister the Molder met, ete'CHe I-. • -•/ a' Stec tn. et 0111erw100 asneler.nla rot* 'save •••I •� le plug, Or almoner's* u0nehh env or s•, o• 'Ste Je 91•• M Melds Shen'artehar COI Nov "*milord ono •e .t.0d rat 10 all Conn,ral no, f0 twitteredJt t0 albto tale ON 00s111:gn 01 env COo11171 end to fete•., tn. :inc *tat 0, ow1I to VW of the Oa4ulne. the Manner order end awe' ,f . . NChengo. 10000npl*On or ether 'tents or ODDena eana.n,g to • yn/neee WWII Of any Collaaal Inc. any raeon woeI,0Merr h, Co' ,. /Mltenel Cellaltel esteIIClO0 le the Molder Surrender of lh„hole .o for ether Oogalenit preNNahon el ma Collateral it It 11att Oath fN0ene0*0 se1,0n1 ler •hen 0u•o• leeetermnewhather high ardent are teescnabfe An,o*,U,on loco lnr sc. TAs Oblgors shall b" ratpoM,ble for the 0000Ir,luon of lnf cotters. ono 1na,• WI "hell net to eel.ebsd *0. plater,* "gm. ag„nat ono, Dente,. not Irish, Me •c. 000.0110. In, of the obhgauons ar Concert, or for env dolor ad do.ng the right he ou tor Den of Ow Censursi. although the 0elimmoons mar es eon*-;r - aetl4n. Safe ofihe C011eserel Mary be meas. es any acme end froml*M8 to Ore 1*an10.e.: 10 arW 0001ger, except Ouch Mlle, le *0 /ousted be few ens Cannel be we.ved '•a "0 ee• frornerW*RAM el reee001100 and horn anion", dame. After deducting an ecoenfec -.,.- MOW lad 00lleettng the preeyeds Of Mlle. the Helder shall helm the right to finny tnf •e••,f +3f loots. ten 0s1nn4r. 0N1rsM Meet 4* PICA ep0arcarwn 10 de rot Melott dacr1non of lne no, co• el n 1epAN1d **law It 00 own le shy yed,or o1 Collateral. the /OWr0m*nt of ninon/me none, /n a s. at lean fps ealMda days lyre pew ems of sale or d.0o0n.M The despots Shall IMaln •*0•1 • th* 0Wm1m IOwiW ROO fat *MUI 0OniraC11. IIOwevor, the Meader snail not be Obligated to 'etc. .e Wry 0M the 0Wigabona m ONNM 090n0t any or all of slit Obh9erl. Nothing Contained hereon shell be • *O ho1u1 the rght1 that thy Molder nee pursuant to the Untleren COrnmertgt COO* 0f env fee-, f, ig'ff^o- mongage stemma ten 0bag1bol0. The Obligor handysonneto nos Note or the Messed, at octant See adderchm#i1 'attac ACKNOWLE00MENT FON Pet - $ STATE Or COUNTY op Bronx New Yor TAXIS b"rsspns,bl0 tot soy Dsew*OMary Stomp Thee Orether te0/a whteh Mgr be a0011sable now Or el env who n, •ut.,* WWI t0 neelhn.y and hold the Helder hemline t41n and owe Env h4W lily, tears Or 0 g0tne es r*ra 1.ng •o e.l: n • A t d he"tiltAMYAktliefeffinErfgEoffflittilfreeflt ,ors rid al ^rot ::'cr,� the sole General Partner of MAUL CHINESE COI.t:.tl:NIT' a Florida limited partnership More ml 01 shy 0OMMN IO rho wen Andrea Mownill rho to Doane DerIenlei de1enM0m end who mewed all 9ors9eln9 t110*N0ent. oho tepee to and,/l0'. me*hat partners WI MA AC cNIl3,Z'A41/l,4Al-94444l- "•••Preoidesfs-ensd See. et., ellcua0d Nod m0INMMi 10* the 1ew0oees "'We' 1D/oeei on behalf of the corporat*0•• .. •. - - env hand and ONNtlar gees null day OI ACKNOWLEDGMENT root COO/OVATION STATE OF COUNT/ OF AO 19_ State of My COmenteamon emerge Watery /uat,c defect me Der00hln4 0000*W *het as rng step 0n0wn. she 000t0n to nue to M the whilmwdYOls deeenbN an she wile 00a0010 ilia lon19OM9 lheuu0M4 se ►reudMt she Secretary el the deem named ..o•^-. and aew411yee1/1e1SOgN l0 end NIe4 ode EOM Owe eeatsded 111slkoeal,ar111nt a swat ►reudenteme 51t041ry• 11n0lipyely. owe senso 1t0M1. and "firs pee 1/M MOW 10 eel foresto 19 mebuTOM ,a 10 consents 1/e1 ill old C01DoteGOn oho rote+ "Roe to N10 lnaVwn001 by Owe ono regular serpdnl suathonty. soul Mae silo 1g100*M 11 the Tres *et one ONO at aar0 connwonon WITNESS 0W route end 0M1ii0 a0N tlw des *0 A.0 19 Mau *f WOlary Pe01at My co mnlwon seal el Lire* 7 7s 7/ J I,. . •se :a . •ae.nr.. thar11t4,0nr The 01Oet••1 •o •nit Note, whether maker, endorser. Surely Or guarantor fan Of whom art n1reinafter r nclude0 , prom at •^ Day to the order at CONSOLIDATED DANK, N.A lull bank and env to bteduent hofdee nere•nefit 49 Street ..ateon Florida 33012 for It Such other 01144 el the Haider hereof mei Output', she kilos dl _ONE NINETY-NINE THOUSAND SIX HUNDRED FIFTY AND NO'100 (SI 399 65C.CC w,tn nte••s• at a rate her antrum which at all Whet then De I i• pa per tent per annum MOW toe G-. Bete lea ter n1 are le/,Wed on the reverie h.noll Eaen change In the inmost rate mulling from Menge it the ease Rat. or D,scount nay or eV. Sue', cnang* ,n the eau Rate or 0ltcount Rate PnnciOal and inloresl Shan be per0 as follow$ M onthly pr In ra l .nount of 52,00.00 plus Interest shall be due and payable commencing on the 29c av of ,'', :c. . - an the 29th day of each and every month thereafter until May 29, 1992, on which ate the entx_ . _._._... princlpal balance together with all accrued and unpaid Interest shall be due and vable anz sna.: All ;at•c(ents made hereunder shall first be applied to the payment of late tnt: est and late Sheen, t 3ccrl:ed interest; the balance thereof shall then be applied toward t1 payment of :.a:. In the event this note to *muted by Obegot with indication of the *isomerism rate designation Holder, the Heider may meek the approphete fete debgnatlon so el to correct such aright anissi0n eppropnste rate deelgnat1O1 hid been properly 'rebelled ono, to or at efetutlon of toll note. AI tiled 1n ih0 inOtNhNnt. the term 'Collinear snail refer to theta.lame lo•c,hcalir 'cheerier/in pwpos0 whether in Wet tar env Obligor Or for Cvel00y. Wedge. collociton or olherwtie, is now or tares Molder to any C0De0IN. Om e0n110Ondmll or egenU, end to ngmt of 1*1.011 rightist all deposits an0 the MOId*1 a any hm0ee110ng. With I10estt thereto, the pin.01 understand that the Molder is amino a *nele or to pan, end. in ouch order SS Me Molder may et.ct. to the 0.ym0n1 01 Ores 0 reserve wMther Other 0*1laterel th*H/O, is deemed adequate Or not As titled as this tnetNment th* ter end an renewals and sub0hNt1en/ hereof and Clritme of every nitwit and detonation 01 ten acquired Or to Hader. and whether Amt. leveret. Ib00•ute. conungenl. matured. vnlne ss 0elsnl' tar D/yment OI th,s hate sod Of Shot the °angstrom. the 0bhlorl lot CollOteral. Including with0.t limitation any property whim may be described bele This su brnral needs b be scheduled tor In accordance vet timellnesset tort b Miami Cate. The applicable denzion- 1 resew tine information al the public recommendation or all PZ-22- c hearing eG of mg body.Ag ing t renter a tic Sno mg been t nadveneeny O•n, heel *00W 0r !•e d Obtgor taste Kt be bound thereby Atha n01•lOg0toer*tan elf D'00My or UM, 7.0- gc• -l"0: •-• n the *clue 0r cofstn0Clw0 Do •On 01 0• - ••e••s•t •0 use 4 of eseh Obtipor w•tn and al ctnml or etc. ?al:, Nil nil' 0 at any time Or whoa wahoet poor matte*'0 spay ty:^ :: 'veto .nal0ne 0r more of the Obligations vas Celina° .n'- 1 •I••_•-s-• °bugaboos shell rater to too mes0li0Mse •e0ltsenteo 0. •^ a -oft der won't the OOlr9ors whittle, pre/1n1 01 •uturl :Onir ac Ie ..,t• _ M. t.0utettedun1/we*tld meet or indirect and severally give M1140100,a Contmv,ngyen end Mew,f. nitwi•-a"0••-• SEE ADDENDUM ATTACHED HERETO AND BY IS REFERENCE MADE A PART HEREOF. THE HOLDER AND THE OIUGORS SMALL MAVE THE 1 TS AND OUTIES Wtita RESPECT TO THE COLLATERAL AS SET cORI- n --E 01" . 5 CONCERNING RIGHTS AND DUTIES WITH RESPECT TO CO ERA,. PRINTED ON THE REVERSE HEREOF The happening 01 My of the lo110w.n9 *rents eh constitute a 00faur1 hereunder-. III failure of soy Obligor to par .n fun env 01,n0 0r •••0t' •_• MCW,d•r p,0m0*y „urn 0 0100 les due: (DI flaunt of any •. gar to pay In lull when due eta •n0101sd0M1. 00119• 10(1 et 000,I.ry 10 1.101011 sehel101ver 0. 1n. o^- • 10 dsef*00 Or mter1at tewre0R; I01 1S(lun of soy 001g0. ID De. env Of Moment 1Nqunder or under tiny setunn, loresatlt eesunng oho °Dilations. ,d •..a tier." '• .- 011sq r ill d stir ODIp00 DeOmes •0101rent Or .m 1, hrency 01000•041o1 lee SAW tonne 'mlolwnr' and "insolvency Oreesedm9s are 001,•vn. • ••• • _•-• Conon•re,al Cods Of Renal( MUnanutlO Or moose,/ egs1ewlany Oblgor.w•pphelhon teethe S000lemum of ',Hewer ter tnr 00uler or fur any • ••♦uu•t ••0•. OODge► In Mawurng of shy tow. attecnmantor gamellf. or the f.lmg of any hen 190ewt/m0,0peny Of any Obligor Ell the 000.9nmantev any Oo,.}0'.••-••. •. ' My of lit* Coltstotat without written C00e01 of 1401de,. 11 et any time the Molder teethe that env IHr. r•001esn11(10n. certificate O, pNom•nl a *DV 001.9or (whether Contl.n00 ,n Ins note e• -0• : • - - • ' eenn0euon with mis note Orin• loin or creel( danced by rots note or any NCunly agreement seCarmg this note mite net be trve 0• *D0n lit. melee- -• • • - - de4w1t el 0011ns0 heron. ar a Molder it In 10111 kale meCure ter env • vonedi 1w WI the ',we 'mount 01 Inn non remalmng *0010e •1t • • • r - 0 eireid .merest or Ouc0ont sod Illy rep 0 r0awyd by low. visit 0000*0 due and parable IOrttawnth or tar.aha, et the option el m. ,60,0e• l-- • - - - demand in no event end under nit ct Janette Shell Heider DO *nh11.0 hereunder lit unaeeru0C or unesine0 mist011 M ems, cta.dea ,n tie ••-- - - . . deducting if osier end ..neccor 0 •I.d end unearned interest from the pnnCtpel Osl•nee then puo t11• then un4ald o..nciph esnnC' nee:' •-: r' . •. • • uneeie rule,,, mall Deer .ntire111 the (trot Of Wen default at me ma1,mUm legal rail permlp.bl. In 'Mewling Ind undo no d?C,,nIsnc as ... • - • n0re0n00' to recent al Ony Wog Cheplel not allowed or 0U ited De tow or env interest Or tnmreei rate in Olefin Dios• maumum aa0w/0bv aw - .. Imeunl of any en/rge Or /IW 0•11000.7 11 1 Cream O• snail o1 desmed to Crelm ar, mmn0t charge .n settee 01 the m0t,mum 0arm.lr e • •. , - • - c 1100 Of Inv such eases ( sewn a 01141100 unlyd00000010 anti Modena its tallKign Man be w/we. w.m0u1 110001n9 the ,.mhnalr of •h.l :0' C.• 7-1 - - hereby. and ant, amen esCe 0nlcuM witch may 01v0 Wen PhD lD Me 010100e snail be relund00.11at Howe' may. at 41 option 1n0r•upOn 01 ',we site• •• _ • • . I.a16,11tN1e1*Ay Obligor any of them ot•COee Dr 11•1610M100tW1dMWt0tn9 env Oforntens(Mr•0R..mmedlat*N due one o*wp10 en 10out dews. • •• • 1_ • (bur unto such 0d*W0N 0. If env, awn yipeel le any interest or man charges ee may 0e 000,.a411d for a WA 04e0h1es04V &OM O. Olh.t wrron9 e. 1••,' • 0 0 • . lull Haws. shalt h- , d May &ems. w.MJul dlm'ne env and el' Me n9ni101d Weed,' glie11110 a 1111cur00 0inv u00. 00401 u00er lit• Lin .•_.- - I ' . . of Flanda. or ma s *rertebls us Holder LnCludm9 toe* er0ol*M0 under any ,cal 00,011 uMni m /de,hOn 1011,n note nla,.n0 to env 0, till • 0e • • . . Monet) Dred. W. I I.shb09 the ganerel.ty of ale foregoing. Holder shall hew the right. .mrnediote y end without fernier 'Chen by •t. 10 lit elf aga•n l • '- , -a' e - Owned Or Ho - Im•cl000lry to etch co Wry Obligor. whether or net doe. and Mao to set oat e9ernetltl alter h004.l*s et seen maser to Horner h„•O' e• -..::. - .:. to any Copt 10 teen er Ony01,4101: and Hader Shell Ded•emed to Kew •ofC.Nd such tight of sbl•ee end m11041,1000* c Marg. 6911P•Itt 7.. • •e. •... ,0eg00 the ' Wince of man d.41M1 or Other event wen though Ouch cargo 10 made 0. slow 0o on Inc boots of Molder 0*00*010nl tne,•IC h r/10et 10 *hybrid ell 00i.oetien/. the 0b1./M11•M,MIv 0,*108 1a fo110wm9: 11, al 'veto t •emotion of 0.0e0r boos nvv of fen... cr Dr00s orthec*1Iabin a0Om under me Conabluhon or termini tot UIOIWG States M of*nr suns thereof; 121 00•01n0. erlesnlmeni 0•01f0' 'n' .- •- L • stir why snot eta other rl0wreniense 000000ry 10 carp/ or 11e10 SOY Obligor (reel* on enr Obicer•on: 13i Mr Iur,M• •000,0' roe 1• 4c.•.. •, •.t�'-.-• IM O DOW Of wallow 0100Mted Of IsIe0Mnl al indebtedness: let Wm lllhotl( provisions and reaurernNs (or la 011Mi1 el enr Oehear •+ • _.•e r-• • - • the mimeo mat awn. may M unworn 151 the ng0l to interpose am anon or counterclaim at env narw0 or de►Ch01.00 m Iny .a,gp,ph .n wit•:- ...• -- ;•.. . . sha11 At torero pen1B. The Obligors serenely sotto lh't am 0bigaons at any 00hgp row. tom time le tome at whole at tin pan :e •t•,.w.' r. •- • .a• _ moddNd. KeIIMN10. con10re0HS10. ducnaro'O cif re4se10 by MO MOI0M. Ind any COII*IMM. 'tenan/s/room a et•On securing for Deflations ^,a. ••-• • '•• •- • •• m .retire of a0 pent. be eaenM9l0. sold Or 111/ss10. eta y01hou1 rlpt,ee 10 Of fanner reaafWWew Of Mina against 041r Obllppr ens sit w,mou:.• a^. • a. •-•:• - fN111m/dslseb1eya WM ONtga. The Obligees saintly and severally Wee to oar *shiny lees OW lanes and all corn al Collecting or ecafn90• a••e••r• , -. •0001 ee•y OMl/MIMs. 0Cludmo MIMn0» ties. wham*, or not 1nWN.n9 Mlgerp0 and(M *0p•141• &ma/Mnas The Moldier NMI net by env Set. 00111y. oms1t0n M o(anwee De dowsed to Nun waved any Of its oohs M res'mes. anal no »sett• :• t-.. wueess, roua..ad•gned sr the Homer *to n9mll and remedies*. the Holder under too terms of mono!' Shad un6ir sow statutes Or runts of ,•w• - • mar 0. 1oR•Md.Ycc01•ral, 01 C011eur•nily The ODI,.Or' 104111y end sev0/Nly sore That the Roder Matte• *,,It1100 to en me name of a 0* :•• . - nllgOtnbte ms1Wsenl Ma nose shalt be gw01n00 by end COnnnN4 •n ICCO,.*iC4 *MI toe 11*1 Of the S1S1• of Flones Doe er4w0ron :• •• . • . • .+• • • Wheelf0eC•-el1/ Or .m11•td under any •eve Mall em m*Nele m m We eslent 01 Meek uteD 1PeeeeMhh M .nveltww weft/Mut *0Kn11g ,he Into•C000•..1. L. . • ' - oNONN01 almal My nol•t• r00orue to be given lit Ony Derma Nell be es* 11d sYHKNoI d ASaN& IOeyls p,•OaW. 10 e0C0 Ogren s *00so es • •0: • ••• - w. ,f none swam. te My fewest tin ,he Heider s ties. Tew 144140.e temp have the 010E latsl1ev to cerret paten, area .n Im.0 hole loch end ev*,r, 064i0r press to be borne br toe Orlrat1ns amnia co stharte *5F10M.M en me feea end the reWn' wail or 1.4 ^Ole The 001.gM' Snell lee lomta, end mgrslly heals fen OR m4Wmdn10O rep•00ntes by ton Mae Nd Ow• su411101'D'O malt 1etnes na01t •..•-- • . • • • ey005 alit N0.ta HMCo betamw D0un0 a0.on and .nthom any Other 0On00ten wherever toil me. The pnvnone of (Mel note we a.nd.n9 n• •-e •e is .. •:. • •. 10mNothet0re. e*lgne end WC000IMI 01'.00'rid1Mn Obltger end WW1 awe in Me benefit 01 the H010er. toe ertore Kc1/10d a/h its This .011.1,1.0c •- -'e' •• :e• • Mel 0Ilet0 D1Ihe 001g0n MIAMI CH1NESE COMMUNITY CE'.TER.:. a a a rnat ed partnersht� AeElr.e 331 N.E. 18th Street BY:MLAML CH NATO\:':o dc. ... Florida coy DgEVELUI` ration. as general ast et S. tit iami. Florida 33131 Documentary Stamps were affixed to the Mortgage By: s.• and v.,-ire cancelled. Attest: tsaac bntn, 'resident 9i - 779 7� -This aui accordance needs. tie acneduied tor 1In wilt ilmelirea set forth' y MiamiCode _The applicabledecislon- reVewthe immrnaunn at me wdus recommendation or a a ADDENDUM TO TO THAT CERTAIN RENEWAL AND MODIFICATION PROMISSORY 29. 1991 HETWEEN MIAMI CHINRSE COIOIUNITY CENTER, LTD., A •• ITED PARTNERSHIP, AS OELIOOR AND CONSOLIDATED BANK, N.A., A ATIONAL BANKING ASSOCIATION, AS HOLDER, IN THE PRINCIPAL AMOUNT TO BE RENEWSOF $1,399,630.00. -c hewing e❑ or Ing body will ring to render decision. The Real Property described in that certain Flori• Real Estate Mortgage and Security Agreement dated March 10, 1983 and recor- March 14, 1983 in Official Records Book 11724, at Page 1472, as subsequent modified by instruments dated June 27, 1983; August 30, 19851 May 29, 198 in addition to an Assumption Agreement dated November 10, 1988 and redo • ed November 14, 1988 in Official Records Book 13892, at —Page 677; and an tension and Modification Agreement dated as of May 29, 1991, all recorded to be recorded in the Public Records of Dade County Florida executed by •bligor, as Mortgagor and Holder, as Mortgagee. In addition to the forego q this Note is secured by UCC-1 Financing Statements filed with the Secrets of State, State of Florida and Clerk cf Court, Dade County and a Collator Assignment of Lsasss and Rents, all executed by Obligor in favor of Holder roof. MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership BY: MIAMI CHINA►TOWN DEVELOPMENT CORP., a PLorida corporation, as general partner By: ISAAC SHIN, President Attest: JOAN SHIM, Secretary (CORPORATE SEAL) 779 i This su dmRtal needs to descneel led tor in accordance vet nmelmesset torth'l Miami Code. The are.. tie decieion- reeenetl,e informational the 11 recommendation orr.a ADDENDUM 01 ADDENDUM TO THAT CERTAIN PROMISSORY NOTE DATED May 29,1991 ("BORROWER") AND CONSOLIDATED BANK, N.A., ("HOLDER") IN THE AM • NT OF S 1,399,650.00 p0DITIONAL TERMS AND CONDITIONS THIS PROMISSORY NOTE I5 PREPAYABLE IN WHOLE OR IN PAR ITHOUT PENALTY. nearing e Oty rl mg body WU mg to renter a ecd on THE BASE RATE AS DEFINED HEREIN IS A REFERENCE RATE • INTEREST ADOPTED BY HOLDER AS A GENERAL BENCHMARK FROM WHICH HOLDER DETERMIN THE FLOATING INTEREST RATES CHARGEABLE ON VARIOUS DEBTS TO BORROWER WITH VARYING DEGREES OF CREDITWORTHINESS. OBLIGOR ACKNOWLEDGES AND REES THAT HOLDER HAS MADE NO REPRESENTATION WHATSOEVER THAT THE BASE RA - IS THE INTEREST RATE ACTUALLY OFFERED BY THE HOLDER TO BORROWERS OF ANY -' TICULAR CREDITWORTHINESS." OBLIGOR SHALL PAY A SERVICE CHARGE TO H. DER EQUAL TO FIVE PERCENT (5%) OF ANY PAYMENT WHICH IS RECEIVED BY HOLDER MO THAN TEN (10) DAYS AFTER THE DATE SUCH PAYMENT IS DUE. THIS SERVICE CHARG SHALL BE IMPOSED TO COVER THE INCREASED EXPENSES OF THE HOLDER FOR THE HANING AND COLLECTION OF ANY SUCH DELINQUENT PAYMENTS. OBLIGOR AGREES THAT T EXACT AMOUNT OF SUCH ADDITIONAL EXPENSE IS DIFFICULT TO ASCERTAIN WITH ANY TAINTY IN ADVANCE AND THAT SUCH SERVICE CHARGE IS A REASONABLE GOOD FAITH IMATE AND DOES NOT CONSTITUTE INTEREST OR A PENALTY. THIS SERVICE CHARGE HALL BE IN ADDITION TO ANY INTEREST AT THE DEFAULT RATE WHICH MAY BE IMPOSED = MOLDER, AT ITS OPTION. OBLIGOR AGREES TO REIMS i-E HOLDER ON DEMAND FOR HOLDER'S FEES. EXPENSES, COSTS (INCLUDING COSTS •• TED BY ITS INTERNAL LEGAL DEPARTMENT) AND CHARGES IN CONNECTION WITH THE I IMPUTATION, COLLECTION OR ENFORCEMENT OF THE OBLIGATIONS INCLUDING THIS NOTE NCLUDING WITHOUT LIMITATION A REASONABLE LEGAL COUNSEL FEE. IN NO EVENT II ANY AGREED TO OR ACTUAL EXACTION CHARGED, RESERVED OR TAKEN AS AN ADVANCE'OR R FORBEARANCE BY HOLDER AS CONSIDERATION, EXCEED THE LIMITS (IF ANY) IMPOSED THE LAW APPLICABLE FROM TIME TO TIME, FOR THE USE OR DETENTION OF MONEY FORBEARANCE IN SEEKING ITS COLLECTION. IF FOR ANY REASON THIS NOTE OR OBLIGATIONS RESULT AT ANY TIME IN AN EFFECTIVE RATE OF INTEREST THAT TRANSCE r THE MAXIMUM INTEREST RATE PERMITTED BY APPLICABLE LAW (IF ANY), THEN WITHOU FURTHER AGREEMENT OR NOTICE, THE OBLIGATION TO BE FULFILLED SHALL BE AUTO ICALLY REDUCED TO SUCH LIMIT AND ALL SUMS RECEIVED BY HOLDER IN EXCESS OF THO LAWFULLY COLLECTIBLE AS INTEREST SHALL BE REIMBURSED TO OBLIGOR OR, AT H• •BR'S OPTION, BE APPLIED AGAINST PRINCIPALt WITH THE SAME FORCE AND EFFECT AS OBLIGOR HAD SPECIFICALLY DESIGNATED SUCH EXTRA SUMS TO BE SO APPLIED AND OLDER HAD AGREED TO ACCEPT SUCH EXTRA PAYMENTS AS A PREMIUM FREE PREPAYMENT. OBLIGOR AND HOLDER SEVERALLY, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR PROCEEDING (REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM), BASED ON THE OBLIGATIONS, INCLUDING THIS NOTE. OR ARISING OUT OF. UNDER OR IN CONNECTION WITH THE OBLIGATION, INCLUDING THIS NOTE, OR ANY DOCUMENT CONTEMPLATED TO B! EXECUTED IN CONJUNCTION HEREWITH OR ANY COURSE OP CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTION OF OBLIGOR OR HOLDER. THIS PROVISION IS A MATERIAL INDUCEMENT TO HOLDER TO MAKE THE LOAN. Cs ODOCUMENTOPRNOTE1 12/21/89 Rbd FaOrli►trligpTY CENTER, LTi Nne[U BY: 1SAAC SHIN, President Attest: JOAN SHIH, Secretary (CORPORATE SEAL) 91- 779 24 SUBSTITUTED ?R'.M:SS.:RY NOTE 5263,500.00 November FOR VALUE RECEIVED, MIAMI CHINESE COMMUNITY CEN— Florida limited partnership (hereinafter called "Ma jointly and severally promises to pay to the order SAVINGS OF FLORIDA, a federal savings and loan a (hereinafter called "Association") at 1 Citicor 8750 Doral Boulevard, Miami, Florida, in lawfu United States, in immediately available -funds amount of Two Hundred Sixty -Three Thousand F ($263,500.00), or so much thereof as is ad computed on the unpaid principal balance time outstanding from the date hereof u fluctuating interest rate per annum eq percent (1.258) per annum above the B defined) in effect from time to time and when said Base Rate shall chan (but not to exceed the maximum la applicable law>. "Base Rate" sh interest announced from time to New York as its base rate. tied to any external rate of necessarily reflect the low by Citibank. N.A., to any customers. If, for any "base rate," then Base :=t published in the Wal "MONEY RATES" under the Prime Rate publ' the Base Rate shal interest rate cha with adjustment be made immedi balance due o NOTICE This submittal needs to be scheduled for a in roordanre.. matinee settnrttr Miami Code. The applitatle iscn- reWewtheinformation at the public recommendation or afi PZ-22- :'D., a r"1 hereby f CITtCCRP ociatior. Savings Platri, money of :he the principal ve Hundred Dollars nced, with interest ereof from time to it maturity at a 1 to one and one -quarter -e Rate (as hereinafter which rate shall change as during the life of the note ul rate permitted under 1 mean the annual rate of ime by Citibank, N.A., New York, Base Rat. .s neither scecificaliy nterest or index, nor does it t rate of interesr actualy charged articular class or •.;tegory f its ason, Citibank, N.A. :'es publish a e shall mean that rate ,f ::--merest Journal under the column entitled e heading "Prime Rate." In the event that ed by the wall Street Journal is a range, be the highest number of the range. The ed herein shall be adjusted simultaneously in the Base Rate. Interest rate changes shall ely and shall apply on the outstanding principal this Note. nheabn9 e City of Inc body will ring to render a decldon Comma ing on January 1, 1989, and on the first tiay of each an every I -nth thereafter until January 1, 1994 principal payments •f $1,463.88 shall be due and payable together with monthly nterest payments, computed as above provided. The balan of all accrued but unpaid interest and all principal then remaing unpaid shall be due and payable on January 1, 1994. This Note shall be prepayable in whole or in part without alty at any time. Partial prepayments shall be applied to nstallments of principal to. become due thereon in the inverse order of the maturity thereof and all prepayments shall be accompanied by an amount equal to the interest accrued thereon to the date of receipt of such prepayment in collected funds. This Note is secured by (i) that certain Mortgage and Security Agreement executed by Maker in favor of the Association dated of even date herewith (the "Mortgage"); (ii) that certain Assignment of Leases and Rents of even date herewith executed by Maker in favor of Association; and (iii) that certain Guaranty executed by Isaac Shih and Joan Shih, his wife, in favor of Lender dated of even date herewith. All payments made hereunder shall be credited first to Association's expenses, if any. then to interest and then to principal; however, in the event of default, the Association may. in its sole discretion, apply any payment to Association's expenses, interest, principal and/or any lawful charges then accrued. It is the intention of the parties hereto that the provisions herein shall not provide directly or indirectly for the payment of a greater rate of interest or the retention of any other charge than is allowed by applicable law. If for any 9 _i --- 7 7 9 7 5--- SUBSTITUTED NOTIC This submittal needs to Pea/Pealed for In accordance with tlmalinea set fort Mlemi code. The applicable decisio reWewtM information at the publl recornmentlrtionora •'eason, :crew exc -.. 3 - proh.b:ted by law shall a: a7i ce paany sue_ shall either c- astitute and ce _seated as a payment on cr be refundeddirectly tc -~e Meer. but nearing the C i a bhp body WI ring to render l Eeciaon. If any of the payments of interest and principal al: not--), be paid within fifteen t15) days after they become d or shou:d there be a failure to comply with any of the terms d covenants contained herein or in any agreement securing this ote, including but not limited to the Mortgage, or in y other instrument now or hereafter existing and relate or pertaining to this Note, beyond any applicable cure perio.-, if any, then such shall constitute an event of default her: nder ("Event of Default") and the entire principal sum and a• rued interest sha:: become due and payable at once, at the opti n of the Association. Upon the occurrence of an Event of Defaul the principal sum then remaining unpaid, plus accrued interest, -hall bear interest at a rate bf four percent (44) per annum abo - the Base Rate specified above (not to exceed the maximum lawfu rate permitted under applicable law) (the "Default Rate") omputed from the date of default and continuing until such d ault is cured. In the event of the acceleration of this Note, e total for interest and the nature of interest shall not exce = the maximum allowed by applicable law, and any excess p rtion of such charges shall be refunded to the Maker hereof a the time of acceleration. Such crediting may be made by appl- ation of the amount involved against the principal sums t -n due but such crediting shall not cure or.waive the default o casioning acceleration. Upon occurrence of Event of Default, the Association may institute appropriate 1-•al proceedings against the Obligors (for purposes of this Note, •bligor shall mean each and every party tc this Note, whether a aker, endorser, surety, guarantor or otherwise) to obtai judgment on the Note and/or to exercise its rights and remedie- as a secured party under Florida's Uniform Commercial Code o other applicable law. Upon the occurrence of an Event of Def-.lt, the Association shall have the right, at its option, immedi ely and without further action by it, to set off against the N. e all monies owed by the Association in any capacity to y of the Obligors and also to set off against the Note, all er liabilities of the Association to the Maker and all monie owed by the Association in any capacity to the Maker. The Asso ation shall be deemed to have exercised such right of setoff d to have made a charge against any such monies immedi ely upon the occurrence of such default even though such char• is made or entered on the books of the Association sub quent thereto. The Association may at any time in its sole discretion ompromise, settle or extend. the time of payment of any of the demands or obligations under this Note, and all of the parties liable for the payment hereof hereby make, constitute and appoint the Association, his or their true and lawful attorney for this purpose with full power and authority to compromise, settle or extend payment of said demands or obligations and to acquire, satisfy or discharge the same of record, or otherwise, as the parties liable for the payment or collection hereof might, or could, do if personally present. Each Obligor agrees, jointly and severally, to pay all costs of collection, including attorneys fees. Each Obligor agrees, jointly and severally, to pay all costs of fees and attorneys' fees on appeal, in case any of the principal and interest due on this Note shall not be paid or should there be a tailure to comply with any of the terms contained herein, or to enforce the terms of this Note, whether suit be brought or not. Each Obligor hereby waives demand, except as herein set forth, presentment, protest, notice of protest, and notice of dishonor, and agrees to pay all costs, including attorneys' fees -2- 9 J. -- 7'7 9 7 6 and any a::arre,s' fees _ ?]-, -'•et" brought Jr not :f cou^se: __-_r -at .:tf o. default '.ereurader be emp:3 e: ---:-_e=- :s Note the terms of this Note. Finn Obligor hereby consentz :J any modifications replacements, extensions or renewals of this Note or any thereof by the Maker and Association without need of no ice, and agrees that it will remain liable as such during any modification, replacement, extension or renewal here• until the debt represented hereby is fully paid. Each Obiigo consents to and waives notice of any and all waivers and modif cations that may be granted by the Association with respect t• the payment or other provisions of this Note, or to the releas: of any Obligor or any collateral or any part thereof with or thout substitution. This submittal needs to be schools led for a in accord once with ti mounts set forth' Miami Goole. The appllra .lsc thn- reviewtheinforrnadon at the public rxornentlau on or afi PZ-22- The Association shall not by any act ' omission or commission be deemed to waive any of its ights or remedies hereunder unless such waiver shall be i writing and signed by the Association and then only to the e ent specifically set forth therein; a waiver in one event all not be construed as continuing or as a bar to or waiver ,f such right or remedy on a subsequent event. Notwithstanding anything co ained herein to the contrary, no payee or holder of this Not- shall ever be entitled to receive, collect, or apply as nterest on the obligation any amount in excess of the maxi m lawful rate under applicable law, and in the event the payee r any holder hereof ever receives, collects, or applies as i erest any such excess, such amount which would be excessive nterest shall be applied to the reduction of the princi--1 debt; and, if the principal debt is paid in full, any rem- ning excess shall forthwith be returned to the Maker. In deter -ning whether or not the interest paid or payable under any s•-cific contingency exceeds the highest lawful rate. the Obligors -nd Association shall, to the maximum extent permitted under licable law (a) characterize any non -principal payment as an e ense, fee or premium rather than as interest. (b) exclude vo ntary prepayments and the effects thereof, and (c) "spread" e total amount of interest throughout the maximum term of the •ligation so that the interest rate is uniform throughout he entire term of the obligation. Whe ver used, the singular number shall include the plural, and th use of any gender shall include all genders, wherever the conte so admits. c Gearing Litt' of Inbrby ringt renda eerra atria onn IN WITNESS WHEREOF, the undersigned has caused this trument to be executed the day and year first above written. MIAMI CHINESE COMDMUNITY CENTER, *LTD., a Florida limited partnership By: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, its general partner jfh345f -3- By: ISAAC SHIM its President 779' 7 'c hearing e City& ing bogy. ring to 'endue eeciann. MORTGAGE AND SECURITY AGREEMENT THIS MORTGAGE AND SECURITY AGREEMENT ("Mortgage' delivered as of this 'h :? day �i Nc.en;oer, 98 by MIAM COMMUNITY CENTER, LTD., a Florida . ited partnership. .,, address is c/o Ronald Silver, Esq., Courthouse Tower - Sui 44 West Flagler Street, Miami, Florida 33130 (hereinafter referred to as the "Mortgagor") and CITICORP SAVINGS OF LOR:DA. a savings and loan association organized and existing der the laws of the United States of America, its successors, egal representatives and/or assigns, whose address is On Citicorp. Savings Plaza, 8750 Doral Boulevard, Miami, Florid • 331/8-2402 (hereinafter referred to as the "Mortgagee"). WHEREAS, Mortgagor is the fee simple owner •f the Mortgaged Property (as such term is hereinafter defined) and WHEREAS, simultaneously herewtth, Mutt-=gor has executed and delivered to Mortgagee a Promissory Note ( e "Note") of even date herewith in the aggregate principal um of TWO HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED AND N• 100 DOLLARS (S263,500.00) the interest rate of whi• may be increased or decreased in accordance with the ter of the Note: and Thlssubmktaln a.,.scherL.hra reortl eneareg meliness crth' Mang Loge.The applitabe deci n- rexewtlreiniortnator.the pubk r:r mmebatinno�ab PZ-22- WHEREAS, Mortgagor has agreed o execute and deliver this Mortgage and Security Agreement t• Mortgagee so as to secure the Nate. NOW, THEREFORE, in cons delivery of the Note and for .onsideration and in order tndentedness evidenced by :non:es secured hereby, a documents executed in c ("Loan Documents"), MO shall he a first lie property: (A) THE LAND: County, Florida Exhibit "A` at ration of the execution and ther good and valuable secure ta) the payment r e Note, (b) the payment ' 411 oft, (c) the performance under ,Iry nection with the Note and Mr -^a-- gagor hereby agrees that the Mr:" which encumbers all of the fe,lew. . parcel of real ur�perty situated :a the Land") , more p.;rt i'_ularly des(.rlbe,i ched hereto and made .i par,. hereof. (8) THE IMP •VEMENTS: (1) All the buildings, structures and improvement of every nature whatsoever now or hereafter situated on the La and (2) all fixtures, furniture, machinery, equipmen and personal property of every nature whatsoever now or here ter owned by Mortgagor and located in or on, or attached to, an used or intended to be used in connection with or with the o ration of, the Land, buildings, structures or other impr ements, or in connection with any construction being co ucted or which may be conducted thereon, and owned by M tgagor, and all extensions; additions, improvements, tterments, renewals, substitutions and replacements, to any of the foregoing, and all of the right, title and interest of Mortgagor in and to any such personal claim, which, to the fullest extent permitted by law, shall be conclusively deemed fixtures and a part of the real property encumbered hereby (said buildings, improvements and other property being collectively hereinafter called the "Improvements"). (C) EASEMENTS: All easements, rights -of -way, streets, ways, alleys, passages, sewer riytit., w.iter rights and powers, and all appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Mortgaged Property or which hereafter shall in any way belong, relate or be appurtenant thereto. whether now owned or hereafter acquired by Mortgagor. (D) TOGETHER WITH: (i) all the estate, right, title and interest of Mortgagor of, in and to all judgments, insurance proceeds, awards of damages and settlements hereafter made 9 I_ --- 7 7 978 SUBSTITUTED 0 p PUa(lc ti resultinq Mortgaged Property or any par: _ ._ t..-. r.�er tr.e pa domain, or for any damage iwhe7:•e�n;.sed by such to P otherwise) to the Mortgaged Property or art part the any rights appurtenant thereto, ar. i a-: ;.;ro:_eeds of an other dispositions of the Mortgagee Property or any par, including any awards for changes of the grades of street result of any other damage to the Mortgaged Property; an Mortgagee is hereby authorized to collect and receive s- d awards and proceeds and to give property receipts and acquitt ces therefor, and (if it so elects►, subject to the terms and conditions hereinafter set forth, to apply the same oward the payment of the indebtedness and other sums secured ereby, notwithstanding the fact that the amount owing th eon may not then be due and payable; and (ti) all contract r ghts, general intangibles, actions and rights in action, inc •ding without limitation all rights to insurance proceeds ae. unearned premiums arising from or relating to the Mortgaged Pr •erty and (iii) all proceeds, products, replacements, addition substitutions, renewals and accessions of and to the Mor •aged Property. NOTICE (E) TOGETHER WITH all rents, income Mortgagor may now or.hereafter be ent Property to be applied against the secured hereby; provided, however, given to Mortgagor, so long as no to collect and use such rents, i become due and payable, but not advance thereof. Upon the oc Default, the permission here rents, income and other ben- shall terminate and such p a cure of such Event of written consent. TI auEniertnosesmeearn danrewM1M1tlmellnerae reW,,fl- S. Cotleomn�ppratle�cison- ewih econnamentlau on oratl ron atthe public s afi PZ-22- s • ing t ring LiTy of Int brnd, ro renderra a Eerie nn 439 �4tr RE/IEw CO 01 /24 a other benefits to which led from the Mortgaged indebtedness and other sums at permission is hereby efault has occurred hereunder, ome and other benefits as they ore than two (2) months in rrence of any such Event of given to Mortgagor to ^,lle s ..-h its from the Mortgaged Property mtsni.m shall nut he retct. ae-.! fault without Mortgagee's spe-if:c • The foregoing provisi ns hereof :.Ilnll tnnstitute an absolutN present assignment • the rents, income and other benefits fru.:: the Mortgaged Prop- ty subject, however, to the conditional permission given Mortgagor to collect and use such rents, income and other •enefits as hereinabove provided; and the existence or e rcise of such right of Mortgagor shall not operate to su••rdinate this assignment to any subsequent assignment, ' whole or in part, by Mortgagor, and any such subsequent ssignment by Mortgagor shall be subject to the rights of Mortga e hereunder. (F) T•' THER WITH all rights, title and interest of Mortgagor in and t• any and all leases now or hereafter on or affecting the Mort•-ged Property together with all security therefor and all mons payable thereunder, and all books. and records which co ain payment made under the leases and all security therefor, ject, however, to the conditional permission hereinabove given o Mortgagor to collect the rents, income and other benefits arising under any such lease. Mortgagee shall have the right. at any time from time to time, to notify any lessee of the rights of Mortgagee as provided by this paragraph (F). (G) TOGETHER WITH any and all air rights, development rights. zoning rights or other similar rights or interests that benefit or are appurtenant to the Land or the Improvements or both, and any proceeds arising therefrom. (H) TOGETHER WITH all tradenames, prn)Prt 1nrjns, trademarks and similar designations for the project situated on the Land. (I) AFTER ACQUIRED PROPERTY: To the extent permitted by and subject to applicable law, the lien of this Mortgage will automatically attach, without further act, to all after acquired property located in or on, or attached to, or used or intended to • -2- 9I- 7 7-4 3 SUBSTITUTED 0 PUBL/ ,011 NOTIC This submittal needs to be scheM led for in accordance wim timeline, set mn Miami code. The applira He. d isio reviewthe information att. put. recnmmenaau.nora be used connectIon '• : ne Brat 1:,:1 Mortgaged Property (.):- A:: of the property desc..oed .:aickgraphs (A), (B),��� (e:), (E'), (G), (H), and (: r ,;ut .. ru:ci each item of prop therein described, is sometimes _,.;lectively herein ref as "the Mortgaged Property," Where the context is app the foregoing may individually ;r .:oliectively be ref "Mortgaged Property," "Premises," "Land," "Real Est• Property," or "Property." TO HAVE AND TO HOLD THE MORTGAGED PROPERTY and a parts thereof unto Mortgagee to its own proper use and benefi forever, subject, however, to the terms and conditions erein: PZ-22 0 bLLc nearing the' ye king body will mama. render meoienn. 4439 6/24 red to priate red to as e, 1e "Real • Mortgagor hereby covenants with and warrant • to Mortgagee that Mortgagor is indefeasibly seized with the .solute and fee simple titieito the Mortgaged Property, and has ull power and lawful authority to sell, convey, transfer and ortgage the same. It shall be lawful at any time hereaf er for Mortgagee to peaceably and quietly enter upon, h e, hold and enjoy said property, and every part thereof; at said property is free and discharged from all liens, encumb nces, and claims of any kind, including taxes and assessments; and that Mortgagor hereby fully warrants unto Mortgagee the ti e to said property and will defend the same ,against the 1 ful claims and demands of al: persons whomsoever. NOW, THEREFORE, the condi on of this Mortgage is that if Mortgagor shall pay unto ortyayce the original indebtedness; secured hereby in the o, ginai principal amount of TWO HUNDREZi SIXTY-THREE THOUSAND F E HUNDRED AND 00/100 DOLLARS ($263,500.00) as evi• nced by the Note on file with Mortgagee. together with any a - all suns odv oced to pri•tect the sr.-.urtr•, of this mortgage, •gether with any and all future advances as are made hereunde , with interest thereon, and if Mortgagor shall perform, comply tth and abide by each and every of the stipulations, --reements, conditions and covenants contained and set forth -in is Mortgage and the promissory note(s) secured hereby, then his Mortgage shall be null and void, otherwise :o remain in f 1 force and effect and Mortyayor does hereby further covenant a agree with Mortgagee as set forth below: 1. Installment Payments. Mortgagor shall pay all and singul• the principal and interest and other sums of money payab by virtue of the Note and any renewal, extension or mod' ication thereof and this Mortgage, and any future advances se red hereby promptly on the days respectively the same s erally come due. 2. Taxes, Assessments and Other Charges. A. Mortgagor promptly shall pay when due all and singular, taxes, assessments, water, sewer and waste charges, common area maintenance assessments, ground lease rents, license fees, levies, liabilities, obligations and encumbrances of every nature with respect to the Mortgaged Property or arising by reason of the operation of the Mortgaged Property and to deliver to Mortgagee, receipts evidencing the payment of all liens for public improvements within thirty (30) days after same shall become due and payable; and shall pay or discharge within thirty (30) days prior to the due date, arty and all governmental levies that may be made on the Mortgaged Property, on this Mortgage or the Advances or in any other way resulting from the Debt. B. Mortgagor shall pay the Mortgagee on the date of such regular installments of principal and interest as -3- _ '779 80 nf pad:d. ,�i:. a:auuct eGuu. ._ 2:.. o prJport:or;ate share ,es and asse estimated by the mortgagee ter. s,.ff:c:ent to en Mortgagee to pay at least t!•..: _., days before t become due, all taxes, assessments and other simil. charges against the Mortgaged Property or any part thereo . Such added payment shall not be, nor be deemed to be, trust funds, but may be co -mingled with the general ends of the Mortgagee, and no interest shall be payable t Mortgagor in respect thereof. Upon demand of the Mortga• • the Mortgagor agrees to deliver to the Mortgag- such addit_ona: monies as are required to make up any clef iencies in the amounts necessary to enable the Mortgage to pay such taxes, assessments or similar charges. In the event of a default by the Mortgagor in the performance o any of the terms, covenants and conditions in this Mor •age or the Note secured hereby,' the Mortgagee may a •ly to the reduction of the principal sum or any other su secured hereby in such manner as the Mortgagee shall de rmine, any amount under this Paragraph remaining to the ortgagor's credit. This submittal nee. to be schetluled in ceortlence wttptimellnes Seti Nam Code. The appnralie decis review the information at the p recommentladono PZ-2 public hearing /he Litt of -making body xnll hearing to render a nal deeieion. 3. Insurance. A. Mortgagor shall • intain liability insurance with a company approved by Mor gagee with limits of not less than $1,000,000.00 for any o person or any one accident. as to personal injury and no less than $250,000.00 for property damage. Such amounts ay he increased from time to time o}• Mortgagee and Mortg ee shall he named an additional insured. Mortgayo sliali al:.,, keep the buildings nuw or hereafter on the r rtgayed Property and the fixtures and personal propert therein contained, insured by a company or companies appr• ed by Mortgagee (!awing a General Policyholder :=Ling of A4 and a Financial Rating of Class X per A. M. Be- and Company's Current Key Rating Guide), against to by.flood, fire. windstorm and such other perils as Mortga• e may from time to time require in such amounts as Mortg •ee may require and so that Mortgagee's interest is not sub ct to co-insurance, and the policy or policies shall a in form acceptable to Mortgagee and provide for thir (30) days' prior written notice of cancellation to Mor-•ages and be held by and payable to Mortgagee. Mo gagee shall have the option to receive and apply any yments on account of the Note or permit application of all r any part thereof for any purposes without thereby waiving or impairing the equity, lien or right under $nd by virtue of this Mortgage. Mortgagor hereby assigns and will deliver to Mortgagee all policies of insurance as additional security and in the event of a foreclosure of this Mortgage, the purchaser of the Mortgaged Property shall succeed to all of Mortgagor's rights under all policies of insurance, including rights to proceeds and unearned premiums. B.. Mortgagor shall pay the Mortgagee on the date of such regular installments of principal and interest as required by the Note secured hereby, until the Note is fully paid, an amount equal tb one -twelfth (1/12th) or such proportionate share of the yearly premium for insurance as estimated by the Mortgagee to be sufficient to enable the Mortgagee to pay for the insurance premiums when due. Such added payment shall not be, nor be deemed to be, trust funds, but may be co -mingled with the general funds of the Mortgagee, and no interest shall be payable to Mortgagor in respect thereof. Upon demand of -the Mortgagee, the Mortgagor agrees to deliver to the Mortgagee such additional monies as are required to make up any deficiencies in the amounts necessary to enable the Mortgagee to pay such insurance. In the event of a default by the Mortgagor in • -4- 81 91 ... 779 This au bmRtal needs to de scheduled tor in accordance with nlnarnesset forth Mlami Code. The applica hie decision- reNewlM1e infoneadon al the public reconwendation or a the per:irnan.:e conditions in this Mc::,a: _r s::e se:.reo Mortgagee may apply _ne of _ae pr..,:. any other sum secured he:•ecy .-. s..cr. -annex- as the shall determine, any ,.nln„n! . , -.:s Paragrapr, rem to the Mortgagor's cred::. 4. Good Repair. Mortgagor shall keep the Mart^.ged Property in good order and repair; promptly repair, -place or restore any part of the Mortgaged Property which ma become damaged, destroyed, lost or unsuitaoie for use; no remove, demolish or materially alter any buildings now or ereafter erected on the Mortgaged Property; and shall pe it, commit and suffer no waste, impairment, abandonment or de -rioration of the Mortgaged Property or any part thereof. Upo ortgagor's failure to keep the buildings and personal property .n the Mortgaged Property in continuously good condition an• repair, Mortgagee may demand any or all of•the following in add ion to any other remedibs provided for herein, at law or n equity: (a) the immediate repair of the Mortgaged Prop ty; (b) an increase in the amount of security; or lc) the -diate repayment of the Note. Mortgagee shall have the righ from time to time to inspect the Mortgaged Property upo supplying notice to the Mortgagor. .y 5. Comoliance. Mortgago shall perform, comply with and abide by all present and futur laws, ordinances, regulations and rules of any governmental au ority affecting the Mortgaged Property•and not suffer or rmit any violations thereof, and comply with all deed restr tions, restrictive covenants, Condominium Documents an• plat restrictions applicable to the Mortgaged Property, all .t Mortgagor's sole cost and expense. Mortgagor promptly sha perform, comply with and abide by each and every stipulation agreement, condition and covenant set forth in the Note an this Mortgage, at Morr.gagor's sole :os: and expense. 6. Furthe assurances. Mortgagor will make, execute and deliver to the -•rtgagee and, where appropriate, shall cause t. he recorded a /or filed and from time to time thereafter to be re -recorded d/or re -filed at such time and in such offices and places as s•:11 be deemed desirable by the Mortgagee, any and all, such rther Mortgages, UCC-1 Financing Statements, instrume s of further assurance, certificates and other documen as may, in the opinion of the Mortgagee, be necessary or des' able in order to effectuate, complete, enlarge or perfe' , or to continue and preserve: A. The obligation of the Mortgagor under this Mortgage and the Note secured hereby; and B. The lien of this Mortgage as a lien, upon all of the Mortgaged Property whether now owned or hereafter acquired by the Mortgagor. Upon any failure of the Mortgagor to do so, the Mortgagee may make, execute, record, file, rerecord and/or refile any and all such Mortgages, instruments, certificates and documents for and in the names of the Mortgagor, and the Mortgagor hereby irrevocably appoints the Mortgagee, the Agent and Attorney -in -Fact of the Mortgagor to do so. 7. Af;er Acquired Property. The lien of this Mortgage will automatically attach, without further act, to all after acquired property attached to or used in the operation of the Mortgaged Property or any part thereof. 8. Attqrnevs' Fees and Other Costs. Mortgagor shall pay all and singular the costs, charges and expenses, including -5- 82 Thls au tette needs. be scheduled fora In accordance wilt tlmelires set forth' Mlami Code. The appdca tle desk., renew the informaton at the rydds recommendation or a n attorneys' tees I:rra�pe. s .t sna:: instituted) and appellate att::ne;s' tees, in^,:rred o any time by Mortgagee be_ause of Mc:'_yagor's failure t comply with and abide by each and every stipulation, agr condition and covenant of the Note and tr.ts Mortgage, and instrument executed in connection rerew,t`t and every such •ayment shall bear interest from the date of payment at the Def..It Rate (as such term is defined in the Note). :f any action proceeding shall be commenced to which action or proc- ding Mortgagee shall be made a party or :n which it shall •ecome necessary to defend or uphold the lien of this Mor age, all sums paid by Mortgagee for the expense of any ittigati• to prosecute or defend the rights and liens created by this M• tgage (including attorneys' and appellate attorneys' -es) shall be paid by Mortgagor, together with interest ther on at the Default Rate, and any such sum, and the interest the on, shall be a claim upon the Mortgaged.Property and shall •e secured by this Mortgage. The sums paid or incurred in ace•rdance with the terms of this paragraph, shall be paid by Mort• gor to Mortgagee immediately upon demand, and failure or •mission to do so shall entitle Mortgagee to add such sums to - e note, and, at its option, to declare this Mortgage and e Note to be in Default, thereupon maturing the Note includi the sums advanced hereunder. 9. Event of Default. The erm "Event of Default," wherever used in this Mortgage tiali mean any one or more of t::e following events: A. Failure by Mtgagor to pay, as and when due and payable within the a•-licaL'_e grace perv^d, any installments of principal or int es: •1ue under the Note, or any deposits for taxes and asse- ments nr insurance premiums due herein. B. Failur by Mortgayor to duly keep, perform and observe any of r covenant, condition or agreement in the Note, this Mo gage, any other instrument securing the Note or any other instrument collateral to the Note or executed in connecti n with the sums secured hereby for a period of thirty U. days after Mortgagee gives written notice specifyi the breach, unless within such thirty(30) day period, ortgagor shall have taken diligent action to cure such f ilure. C. The sale, conveyance, transfer, or further en brance of the Mortgaged Property without the prior w itten consent Of the Mortgagee which consent shall be in e sole and absolute discretion of the Mortgagee as more fully set forth in Paragraph 29 of this Mortgage. 0. If any Obligor -(as hereinafter defined) shall file a voluntary petition in bankruptcy or shall be adjudicated as bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, rerPivership, dissolution or similar relief under any present or future Federal Bankruptcy Code or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of such Obligor or of all or any part of properties of the Obligor or if, within ten (10) days after commencement of any proceeding against such Obligor seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future Federal Bankruptcy Code or any other present or future federal, state or other statute or law, such proceeding shall not have been dismissed,•or stayed on appeal; or if, within ten -6- c hearing e ❑ty cf Ing body edd ringto renders decidon SUBSTITUTED l 40 0 0 NOTICE IDis sueoRtal needs...acnebulee for in accordance wlh emelinesset fort MlamiCode . The applicable decision revIew the i nfonnation at the pu bd remmmendauon or a PZ-22- ..nys a:-er - au�wes:en a ut .-side, l ictudarnr of such : r r.y port 'ram Mortgaged Property, such app:::nt:rent sna.1 not ha•• RF v,rt_,,cc•d ur stayed ur uu(c rr. ,:«, se; J. if, W: 110) days after the expirat:..)n of any such stay su appointment shall not have been vacated. Obligor is defined to include the Mortgagor any guarantor, surety, ndorser and accomodation party. E. If foreclosure proceedings should instituted on any mortgage or on any lien of any kind aff cting the Mortgaged Property, unless Mortgagor, wit n thirty (30) days after notice of such foreclosure proceedings, defends same and provides appropriate indemnifi ation, by surety or otherwise to Mortgagee. F. If the Mortgagor or any o• er person or entity shall cause any construction of im rovements to commence upon the Mortgaged Property. G. Any breach of any ma -rial warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any er instrument securing or evidencing the Note, or in ny other instrument given with respect to the sum secure. hereby. n nearng the Shy of hng holy will ring to render decision. H. Any default borrowings which the Mortgagee during the notwithstanding any Mortgagee shall no property held as borrowings whic Mortgagee so 1 Mortgagor is 'n 0 4439 6/24 CO. ✓iEW w th respect to any other ongoing rtgagor may have outstanding from the endency of this transaction, and Inc) to the zuntrary contained herein, be obligated tc release any of the ollateral for this Mortgage or any other Mortgagor may have outstanding with g as any ln,i:t ')ivrn by the Mortgagee to the default. • • 10. Accel ation of Maturity. If an Event of Default shall have occurred d be continuing, the Murtyayee may, at its sole option, decla the entire principal amount of the Note then unpaid, and e interest accrued thereon to be due and payable immediate) and upon such declaration such principal and interest all forthwith become and be due and payable, as fully and to t same effect as if the date of such declaration were the da originally specified for the maturity of the unpaid balan of the Note. 11. Mortgagee's Right to Cure Defaults and Power of En •rcement. If any Event of Default shall have occurred and be ntinuing, Mortgagee shall have the right at any time and ithout waiving or affecting its option to foreclose or any other rights hereunder, to pay such sums of money or to render such performance as may be necessary or required to cure the Event of Default, and all sums paid shall be immediately due and payable from Mortgagor to Mortgagee, together with interest thereon at the Default Rate and any and all costs, charges, abstract fees, attorneys' fees (whether or not suit is instituted) and appellate attorneys' fees, and other expenses incurred or expended in connection with the said payment or performance, and this Mortgage shall stand as security therefor, and any sums paid shall be deemed an indebtedness in addition to the Note. Additionally, Mortgagee may, at its sole option, either with or without entry or taking possession as hereinabove provided or otherwise, proceed by suit or 'suits at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the note or the performance of any term hereof or any other right, (b) to foreclose this Mortgage and to sell, as an entirety er in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent 91..- 779 84 -7- SUBSTITUTED lnls subnhtal needs. he scheduled tor in accordance wilt h reclines set fort Miami Lode. The apptice lie decision review the information at the pubti recommendation or J:. a5 .ee • _ :?: :.1J. for The mo rtgdgee sha.: :JKr 3. proceedings e.re:...se .,i its powers .'en: _ • - entry or taK:r, possess, r . Jb the Mortyd.)r ,. .-.. ::pon comr,enze; su:: cr cre:'cs..re of this mo:.yo;e. the unpaid principa JL^e Note, if not previously declared uue, and the Interest a _rued thereon, shall at once become and be immediately due a payable. pon any such foreclosure sale., pursuant to judicial proceedings, the Mortgagee may bid for and purchase le mortgaged Property and, upon compliance with the terms of sa , may hold, retain, and possess and dispose of such Property its cwr absolute right, without further accountability. 12. Receiver. If an Event of default s 11 have occurred and be continuing, Mortgagee shall immediate and without not:_e be entitled, as a matter of right, and witht regard to the value of the Mortgaged Property, or solven or insolvency of the parties, to the appointment of a receiver of the Mortgaged Property, both real and personal, and o the rents, issues and profits thereof, with the usual power - receivers in such cases, and such receiver may be continued i possession of the Mortgaged Property until the time of the sale hereof, under such foreclosure, and until the confirm ion of such sale by the court, or until Mortgagee consent to his withdrawal. All of such receiver's expenses shall payable by Mortgagor and such amounts shall be secured by th Mortgage. Notwithstanding the appointment of any receiver, ustee or other custodian, the Mortgagee shall be entitled pledgee to the possession and control of any cash, or otl r instruments at ;he time held ty, payable or deliverable un• r the this Mortgage to ne Mortgagee. 13. Receipts fo ayment of Other Liens. Mortgagor shall exhibit to Mortgagee ritten receipts establishing payment of a.. sums required to be •aid under any other mortgage or other lien obligation pertain' g-to or affecting the Mortgaged Property, nct later than five ) days prior to the time that acceleration of such other portge or delinquency of such other lien obligation could be decla d for non-payment thereof. 14. A ignment of Rents. Mortgagor hereby absolutely and unconditio -lly assigns to Mortgagee the rents, issues and profits o the Mortgaged Property, subject to the conditional permissi granted to Mortgagor herein to collect same, together with a leases and other documents evidencing such rents, issues and p fits now or hereafter in effect and any and .all deposits held s security under said leases, and shall, upon demand, del er to Mortgagee an executed counterpart of each such lease or •they document. Nothing contained in the foregoing sentence all be construed to bind Mortgagee to.the performance of any of he covenants, conditions or provisions contained in any such lease or other document or otherwise to impose any obligation on Mortgagee (including without limitation, any liability under the covenant of quiet enjoyment contained in any lease in the event that any tenant shall have been joined as a party defendant in any action to foreclose this Mortgage and shall have been barred and foreclosed thereby of all right, title and interest and equity of redemption in the Mortgaged Property), except that Mortgagee shall be accountable for any money actually received pursuant to such assignment. Mortgagor hereby further grants to Mortgagee the right: (a) to enter upon and take possession of the Mortgaged Property for the purpose of collection the said rent, issues and profits; (b) to dispossess by the usual summary proceedings any tenant defaulting in the payment thereof to Mortgagee; (c) to let the Mortgaged Property, or any part thereof; and (d) to apply said rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness. Such assignment and grant shall continue in effect -8- 85 91- 779 c hearing he city of king body will dering to render a cision Thls telrlIal needs. be ache,wed fora accordancewiN tl melires set forth' Mlami Code. The appdca hie desk., rdVewme immr,tin at thewens recommendation or a n coast...... any t?!e eat .:pon the tak. , mortgaged c� Mrrtcaee pursuant tdsc:: - ._. •.-re_.cs..re is .;e:'eb' J:'J:•:s _. mJrtg^at.: . or 1s tr Mortgage and the Note are ndt .. ells_ sa tr.ts, issues and profits and Mu: .:aye. Le er_. _ec --"a-- and receive the same until the uccurrence of an Even ofyDefauit by Mortgagor under any of the covenants, conditions -r agreements contained in this Mortgage or the 'j.te. Mortgagor -grees t.. use said rents, issues and profits in p;,ymer.t of pri ipal and interest becoming due on this Mortgage and in p. ment of taxes. assessments, water rates, sewer rents and carr ng charges becoming due against the Mortgaged Property. uch permission td Mortgagor to collect and receive said rents, issues and profits may be revoked by Mortgagee upon any Event •f Default by Mortgagor by giving not less than fiv.! (5 days written notice of such revocation. If an Event of Default shall have occurred and be continuing, Mortgagor will pay mont y in advance to Mortgagee, on Mortgagee's entry into '-ssession pursuant to the foregoing grant, or to any receiver •pointed to collect said rents, issues and profits, the fair rertal value for the use and occupation of the Mortgaged Prope y or of such part thereof as may be in Mortgagor's possession and upon Default in any such payment will vacate and surren- r possession of the Mortgaged Property t; Mortgagee or to s h receiver, and in Default thereof, may be evicted by s mar; proceedings. 15. Suits to Protect ,.!%e mr .iged Property. The Morte.;cee shall havtl Uuwer (a) LU J:':: proceedings as it may d= m expedient to prevent any waste or impairment of the Mort'-ged Property by all/ acts which may be unlawful or in violat.on of the Mortgage, lb) to preserve or protect its interes in the Mortgaged Property and in the income. revenues, rents, a.• profits arising therefrom, and (cl to restrain the enfo enient of or compliance with any legislation other governmen enactment, rule or order that may be unconstitution• or otherwise invalid, if the enforcement of or compliance'wi such enactment, rule or ord•?r would impair the security her nder or be prejudicial to the interest of the Mortgagee. 16. Proofs of Claim. In the case of any receivership, insolve y, bankruptcy, reorganization, arrar.gement, adjustment, compo tion or other judicial proceedings affecting the Mort••gor, its creditors, or its property, the Mortgagee, to the ext t•permitted by law, shall be entitled to file such Proofs a Claims and other documents as may be necessary or advisable order to have the claims of the Mortgagee allowed in such roceedings for the entire amount due and payable by the Mortgagor under this Mortgage at the date of tite institution of such proceedings and for any additional amount which may become due and payable by the Mortgagor hereunder after such date. 17. Subrogation. Mortgagee is hereby subrogated to the claims and liens of all parties whose claims or liens are discharged or paid with the proceeds of the Note. 18. Condemnation: Eminent Domain. In the event the Mortgaged Property or any part thereof, shall be condemned or taken for public use under the power of eminent d,main or shall be damaged or destroyed, Mortgagee shall have the right to demand that all damages awarded for the taking of or damage to the Mortgaged Property and all insurance proceeds shall be paid to Mortgagee up to the amount then unpaid on this Mortgage and same may be applied toward the payment(s) last payable under the Note. Mortgagor shall pay all legal fees, surveyor's charges and any other costs incurred by Mortgagee in connection with any c herring e❑yof Ing body will ringto renders decidon -9- 91- 779 SUBSTITUTED L!•1-•,1,.W ".!t, 'e_. .:i_e.. :. _e -e ) !!, .:.r.;rr :,.ni:... :s sr.a:_ ce r:r :.rr :::rs Mortgage. ps::'a:- of 7itle. uf -,tie Mortgaged Property shall belong r, and remain in Mortg possession during the pendency of the lien of this Ma rnls supmIttal needs to to scheduled to In accordance wahtimelines set to Miami cede. The applira th decisi revIewthe Information at the pu recommenemonor PZ-2 ee' s gage. uhuc deaenq wn,cityof rnaklrq bedy wlll armgm aneera aleeueon. 16/24 :ne 20. Notices. Any notice, statement, demand • other communication required or permitted to be given o made by either party hereunder, shall be in writ:ny and shall b deemed properly given and made if served personally or if sent •y registered or certified mail, postage prepaid, return receirequested, to the addresses first set forth above or at such o er address as may from time to time be designated in writing n conformity herewith. 21. Modifications: Releases. It understood and agreed that Mortgagee may at any time, witho notice to any person, grant to Mortgagor any modification • any kind or nature whatsoever, or allow any change or • anges, substitution or substitutions, of any of the Mort •ed Property or any other collateral which may be held by .rtgagee without in any manner affecting the liability of mo:•e. ,;rr or any guarantor, surety endorser of the Note which ma hc. due and payable to Mortgagee: and it is also understood an ayteed that Mortgagee may a: any time, without notice to any erson, release any portion of the Mortgaged Property or any • her collateral which may be held as security for the payment , the Nr,:e either with or without any consideration for such r lease(s) without in any manner affecting the liability of Mortg--or, all endorsers or guarantors, :f any, and all other persons ho are or shall be liable for the payment of the Note and with t affecting, disturbing or impairing in any manner whatsoever t e validity and priority of the lien of this Mortgage for the -11 amount of the Note remaining unpaid, together with al interest and advances which shall become payable. upon t•- entire remainder of the Mortgaged Property which is unrel .sed, and without in any manner affecting or impairing to •ny extent whatsoever Tiny and all other collateral security wh• h may be held by Mortgagee. It is distinctly understood -nd agreed by Mortgagor and Mortgagee that any release(s may be made by Mortgagee without the consent or approva of any other person(s). No Waiver. No extension of time or modification of any of tr terms of this Mortgage or the Note including, without li tation, the terms of payment, and no- release of any part(s) o the'Mortgaged Property, even though made without Mortgagor's nsent, shall release, relieve or discharge Mortgagor from the ayment of the Note or any portion thereof, but in such event Mortgagor shall nevertheless be liable to pay such sums according to the terms of such extension or modification unless specifically released and discharged in writing by mortgagee. Furthermore, acceptance of partial payment of any installment of principal or interest, or both, or of partial performance of any covenant or delay for a period of time in exercising the option to mature the Note, shall not operate as a waiver of the right to exercise such or act on such Default, partial acceptance or any subsequent Default. 23. Time of the Essence. 1t is specifically agreed that time is of the essence of this.instrument and that no waiver of any obligation hereunder or of the obligation secured hereby shall at any time hereafter be held to be a waiver of the terms hereof or of the Note secured hereby. 24. Cumulative Remedies. No right, power or remedy conferred upon or reserved to Mortgagee by this Mortgage is -10- 87 9 1 --- 779 This art...reeeam ee acneaule in accordance ep timermaa Miami Cafe. The applicable e review Me InldmatIon at VI recommend.° or remedY. en ^ereur.de: :r eyu: , by statute. 25. Successor and Ass: ns. w:•enever i:, tnis Mcrty ye _re of the parties hereto is named or referred toto heir legal representatives, successors and assigns of such party all ae included, provided that the foregoing shall nct be d: med to constitute permission to transfer the Mortgaged Pro'-r`y rh:ch :s otherwise restricted by Paragraph 29 hereof. Ail ovenants arc agreements contained in this Mortgage by or on b alf of Mortgagor or by or on behalf of Mortgagee shall •ind and Inure to the benefit of their respective heirs, legal r .resentatives, successors and assigns. Whenever the singul or plural number or masculine or feminine or neuter gender used herein, :t shall include the others. 26. Financial Statements. Mortga requested by Mortgagee, an income stat acceptable to Mortgagee and certified The notes to the financial statemen disclosure and explanation of any the financial statements. within of Mortgagor's fiscal year, Mort statement, balance sheet, s:a: statement of changes in finan supporting notes and schedui certified to be true and c shall be prepared in acco accounting principles ap years. The creditwort date of execution of maintained throughou creditworthiness of substantially det of Default hereu r, shall submit, as ent and balance sheet o be true and correct. shall contain full ntingent liabilities shown on inety (90) days of the close agor shall submit an income ent retained earnings and a1 position, together with aLcep:aole to Mortgagee and rect. Sold financial statements ance win generally accepted led on c, Ira>.:s • .orsistent �.th ness of Mortgagor as it exists on e Note and thi= Mortgage, must be the term of the Loan. if the ortgagor shall, in Mortgagee's sole (orate, such deteriuration shall be an Even: er.' the 27. Ha z •• s W= tes and Com•liance with Envir:,nmentai :.a.., a pubue nearing rzninme Lily or Icmaking holy wig hearing to render a sign., l Eerie on. -14439 A Mortgagor represents and warrants to Mortgagee that ere are no materials presently located on the Mor _ aged Property which, under federal, state or local law, st• ute, ordinance or regulation, or court or administrative o-•er or decree, or private agreement (hereinafter llectively referred to as "Environmental Requirements"), require special handling in collection, storage, treatment or disposal. that there are no hazardous waste, toxic waste or any environmental hazardous spills or contaminants (hereinafter collectively referred to as "Waste") affecting the surface or sub -surface of the Mortgaged Property under any Environmental Requirements, and that Mortgagor will not place or permit to be placed any such Waste on the Mortgaged Property. B. Mortgagor shall, if at any time it or Mortgagee believes or has any suspicion that there is Waste located on or under the Mortgaged Property which, under any Environmental Requirements require special handling in collection, storage treatment or disposal, take or cause to be taken within thirty (30) days after written notice thereof, at its sole expense, such actions es may be necessary to determine if•such waste exists by investigations or tests or otherwise, and if it exists, then to comply with all Environmental Requirements. Failure of Mortgagor to comply with this Section and all Environmental Requirements shall constitute and be a default under the Note secured by this Mortgage and of the Mortgage itself, -11- 91_- 779 SUBSTITUTED This submRtal nee%e be scheduled for a in accedence.. timeliness set fo-ih Miami Cede. The apelike lie ['eebion- reNewtheidetention at the public rsommendedon etafi PZ-22- an,t rake the bala:L.e ana C. Mortgagor snal: y::e mortgagee prompt r. any notice it receives concer:.:ny waste problems ur. Environmental Requirement, or of any administrative claim, demand, action or suit, threatened or instit ,ed against Mortgagor or any one Having any relationsp to the Mortgaged property, by reason cf or in connectio with any Waste problem under any Environmental Requireme'-s. Upon request of Mortgagee, Mortgagor shall consult nd cooperate with Mortgagee in connection with the determ ation of sue: problem and the response or defense thereto and upon request of Mortgagee, provide Mortgagee wi- the option„ which Mortgagee shall have nu obligation o exercise, tc participate in the defense o: any sucn oolem at Mortgagor's expense. D. If: (1) the U.S. Ei,viron, ntal Protection. Agency (a"EPA") or the State of Florida or ounty Department of Environmental Regulation, or any her governmental agency or authority requires any remed' 1 action or clean-up of any Waste on or under the Mortgage • property; or (2) Mortgagor is impeded in or constrained om using, financing, selling or leasing the Mortgaged Pro erty by reason thereof, then Mortgagor shall retain a g technical engineer satisfactory to the Mortg-•ee to administer such remedial action or clean-up in or--r, as the case may be, to satisfy the requirements of EP or such other governmental agency or to remove the impe• ment to or constrain on such future use, financing, sale •r lease „( the Mortgaged Property. All work and relate matters wr.ie•n Mortgagor is required t_ cause to be perfor ed pursuant hereto shall be performed at the sole cost an• expense thereof of Mortgagor, shall be commenced promp v after request therefor by EPA, or such ether governm- tal agency, and shall be diligently prosecuted t• conclus iun. E. •rtgagor shall remain totally liable for all damages d losses to Mortgagee under this Section regardl=-s of any other provisions in the Note or this Mortgae or otherwise which may limit recourse. Mortgagor agree that the invalidity, irregularity or unenforceability of - 1 or any part of the Mortgagor's obligations under this Se ion shall not affect, impair or be a defense to the o- igations of Mortgagor or rights of Mortgagee under this ection. c hearing e Cityof NbcdeniU ring a render a 439 F. Furthermore, neither Mortgagor nor any tenant nor any other person in possession shall use or bring any Waste on to or under the Mortgaged property. G. The provisions of the Borrower's Affidavit and Indemnity Regarding Hazardous or Toxic Materials executed this date in favor of Lender are incorporated herein by reference. 28. Future Advances. This Mortgage is given to secure not only the existing indebtedness given by the Mortgagor in favor of the Mortgagee in the amount of TWO HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS (S263,500.00) evidenced by the Note secured hereby, but also such future advances up to.an additional ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) as are made within twenty (20) years from the date hereof, plus interest thereon, and any disbursements made by the Mortgagee for the payment of taxes, insurance or other liens on the Mortgaged Property, with interest on such disbursements, which advances shall be secured hereby to the same extent as if such future advances were made this date. The total amount of indebtedness -12- 91-- 779 ,e. :.:e•` .s : . k!o :yacee : . .ire par::es _ �. 'c .f:s:.•e:.rra .1',i y0 ,,:e" .n th.s :•e:e:•en, a ...,,,re advar-eG Tot:!!. This sub accordance eea to be Ira... le. for pu in rcordance with manes set forth m Miami Code. The qui:Cretin tlxision-m realer,. information at the pubic he remmmenealon or afina sr.j._ to . . rats Para- 29. No Transfer of the Mortgaged ?r perty. The an secured hereby is for the benefit of Mortgagor only. n the event Mortgagor conveys to any other party any inter Mortgaged Property, or any part thereof, legal or e without the prior written consent of Mortgagee, or Mortgagor shall sell, lease or otherwise dispose Property. or any part thereof, without the prio of Mortgagee, or if any change u.curs in the Mortgagor, without the prior written consent Mortgagor shall mortgage, pledge, grant any security interest in any of the Mortgaged security for any other loan, obligation the prior written consent of Mortgagee election, declare the entire indebtedn immediately due and payable, without notice Mortgagor hereby expressly wa declaration, the entire indebtedne immediately due, payable and coli the Note to the contrary no:with lease or other disposition of t thereof, shall relieve Mor:ga the Note u;• th:s Mortgage. or disposition, :he transferee o: Mortgagor under the Not without notice to Mortga or any portion of the M with Mortgagor, withou Mortgagor hereunder o connection with any to accelerate, Mor transfer fee plus expenses incurre attorneys' fee documentary s and payable lien of thi accelerate or precl any sub succes provi PZ-22-1 t in the :able, in the even: f the Mortgaged rit:en consent o ership of the f Mortgagee. cr ;. fen, encumbrance or operty as collateral forbearance, without ortgagee may, at its s hereby secured to be tice to Mortgagor (which es) and upon such hereby secured shall to rrble, anything herein cr :,. unoIn,g. No conveyance, sale, Mortgaged Property, or any part r of its primary liability under .:lni.. .i:-•y such. _onveyance, sale cr ust expressly assume the obligations and t:: i, mortgage. Mortgagee may, deal .:tn any successor owner of all tgaged Property in the same manner as in any «,,v ri::, r.nrginq the liability cf upon the duet :.eflured hereby. In ale or transfer where Mortgagee elects not agee shall have the right to charge a uch sums necessary to reimburse Mortgagee !- or payable, including but not limited to. abstracting or title updating charges, mps and intangible tax. Said sums shall be due on sale or transfer and shall be secured by the Mortgage. Any waiver by Mortgagee of its right to as provided in this paragraph shall not be a waiver of e the exercise of Mortgagee's right to accelerate for quent sale or transfer by Mortgagor or Mortgagor's rs in title without Mortgagee's prior written consent as above. 30. Uniform Commercial Code. The parties agree that this M• tgage is a Security Agreement under the Uniform Commercial de for the purpose of creating a lien on the personal property and fixtures described herein. 31. Maximum Rate of Interest. Nothing herein contained. nor in any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, or any person liable for the payment of tile. loin made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any. interest or other charges paid by the Mortgagor, or any parties liable for the payment of the loan made pursuant to this note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be automatically credited against and in reduction of the principal balance of the Note, and any portion of said excess which exceeds the principal balance shall be paid by the Holder hereof to the Mortgagor and any parties liable for -13 -. ,30 91- ... 779 nearing City of e biereru grender a Mon `ve NOTICE Thle submittal needs to be echaiuled for a in accordance timelines set forth' Miami Coee.Theapap pllt'atldecision- review the intonation etthe public iaommencie on or fi PZ-22- • : oe rec•_. • _ i2. Def..__ Rate. :ern? :s def:ne.0 the ti..__ .,:ac _ s..csa ere _t Event of Default as define: a::� -nere _.sewcere provided .or this Mortgage. 33. Event of Default by Mor• o;ur. Ar Eve c: De`a.._ Mortgagor under the terms of the Note, this Mor age or any of� the Loan Documents shall constitute a default to any other borrowings which may at any time i::: :n; the rm of the _oah have existing from Mortgagee. a default ny Mort.yor under cne terms of any note, mortgage, interim and permane loan agreement. financing statement, or other loan documes in favor of Mortgagee shall Constitute an Event of D auit hereunder. :f an Event of Default shall occur, Mortgage- ay, in its sole discretion, continue to partially rel=.se any collateral which :s security for any loan from Mortgagee o Mortgagor on such terms as the loan documents for such loan nay provide or on such other terms as may be prescribed by Mor- acee, in .ts sole discretion; however, Mortgagee shall not r e ;:::: eu -;) mark any note as "paid Lill," satisfy any nor- ,ia�. -e-.-irnare any financing statement. or take any other a'....., y release any su:: collateral from the lien of . y mortgage or financing statement un.til the declared Event of efaui. -.as teen -ured, this not.+rths:art...^y tre fact the .nueutedness secured by s.._.. .;;o::gace. ..na:.cing stat,_ Hy i 61 agreement may .;a•. - ..t) remaining _ air, princip ualaiue. 24. S .. of L• n Comrr,i tment . The Loan Commitme. and _.._ Gener•.1: C't :. :ens e cuter: ion with the Loan ;;;a_. hereby to:••.:r.a,r an be cf :.0 fu:•:ner force and effet. 35. Waiver •f Trial by ,:urv. Except as prohibited neither Mortgag - nor Mortgagor shall seek a trial by :ury ;.. respect of -any itigation proceeding or counterclaim arising of, under or n connection with this Mortgage, the Note, the other Loan ••currents, executed by the Mortgagor or Mortgagee both of su parties in connection herewith or the transactions contempla d herein. If the subject matter of any such lawsuit is one i which the waiver of a jury trial is prohibited and any party eks trial by jury, then such claim shall be separately filed Further, neither the Mortgagee nor the Mortgagor shall seek o consolidate any such action in which a jury trial has be- waived with any other action in which a jury trial cannot be w. ved. IN WITNESS WHEREOF, the u:dv:ulined has executed this instrument the day and year firs- rh,rvf, written. Witnesses: MORTGAGOR: ec•t , C M1AM: CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership By: MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, its general partner -13- Ily; ISAAC SHIN its President 1/49! 91- 779 c hearing e Clty of n9 body MI_ ring to render a nolson 439 SUBSTITUTED 0 4° 0 / CL NOTICE PUBLIC -Thls su trryttal needs. te schelUied tor a In accordance wilt ilmelires set forth ' \\\ Mlarni Code The appLicable tlecislon- IdVENI the informaton at The pubhc recommendation or a fi PZ-22- 01 ,•.....:etgej before me ty s.JS Pres:dent of Miami Deve:opmen: Corp., .::rpuration is the g Lra: partner of Miam, Chinese Commun;ty Center, Ltd., on be ! bf tne limited partnership. -c hewing City of ing body AC ring to render a decision. 439 /24 JFH341f 44, '9E1Ew cOv z Notary Public My commissio expires: 3c 91- 779 Milo MAR 27 PM 12: 4S +r� 9 112 H_S INSTRUMENT PREPARED BY Robert L. Jamerson, Jr., Esq. Sutton, Jamerson & Mullin, P.A. 2655 Le Jeune Road, Penthouse :I coral Gables, Florida 33134 Cdf.urree4try S►Prins Co !ecto S SIJZTAX Doc, S'.•rios Cc'!er•� Tills su [mil. needs m. SC11 dulee tor in accordance wen timerinesset torth1 Miami Code. The apt... tlecizion- 1 resew the information at the public recommendation or a PZ-22- P.'_r,a,o �. rt► fCr -do C _nty FI MORTGAGE THIS MORTGAGE is made this March 27, 1990, betw n MTAMX CHtNESE COMMUNITY CENTER, LTD., a Florida limited partnership ("Bor wer"), and EASTERN NATIONAL BANK, a national banking association, having off ces at 866 Ponce de Leon Boulevard, Coral Gables, Florida ("Lender"). Borrower, in consideration of the indebtedness rein recited irrevocably grants and conveys to Lender that certain property lo•=ted in the County of Dade, State of Florida, and more particularly described ' Exhibit A attached hereto, together with all the improvements now or hereaft= erected on the property, and all easements, rights, appurtenances, rents, r yalties, mineral, oil and aas rights and profits, water, water rights and w_ er stock, and (all fixtures nc•: or hereafter attached to the property, all o which, including replacements and additions thereto, shall be deemed to be nd remain a part of the property covered by this Mortgage; and all of the •regoing, together with said property are herein referred to as the "Property" ; TO SECURE to Lender (a) the re•ayment of the indebtedness evidenced by Borrower's note attached hereto as xhibit B (herein "Note"), in the principal sum of One Hundred Seventy -Five ousand Dollars (S175,000.00), with interest thereon, the payment of all o er sums, with interest thereon, advanced in accordance herewith to protect e security of this Mortgage; and the performance of the covenants and agree,.nts of Borrower herein contained; and (b) the repayment of any future ad =noes, with interest thereon, made to Borrower by Lender pursuant to paragr •h 24 hereof (herein "Future Advances"). Borrower covenan that Borrower'is lawfully seized of the estate hereby conveyed and has the igtlt to grant and convey the Property, that the Property is unencumbered, an• that Borrower will warrant and defend generally the •' 'a to the Property a• inst all claims and demands, subject to any declarations. easements or.rss lotions listed in a schedule of exceptions to coverage in any title insuranc policy insuring Lender's interest in the Property. Borro r and Lender covenant and agree as follows: 1. -ayment of Principal and Interest. Borrower shall promptly pay when due the :rincipal of and interest on the indebtedness evidenced by the Note, prepa, ent and late charges as provided in the Note, and the principal of and into st on any Future Advances secured by the Mortgage. 2. Funds for Taxes and Insurance. Lender may require Borrower to pay to ender in monthly installments until the Note•is paid in full, a sum (herein "Funds") equal to one -twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on the Property, if any, plus one -twelfth of yearly premium installments for hazard insurance, plus 9 1 - 779 c nearing e City of mg hotly. toreMera eci o such an ins`,`••`'^n). Lender shall apply the Funds to pay assessments, insurance premiums and ground rents. Lender may not holding and applying the Funds, analyzing said account or verifyin said assessments and bills, unless Lender pays Borrower inters and applicable law permits Lender to make such a charge. Bo may agree in writing at the time of execution of this Mortga the Funds shall be paid to Borrower, and unless such a applicable law requires such interest to be paid, Lender to pay Borrower any interest or earnings on the Funds. Borrower, without charge, an annual accounting of the debits to the Funds and the purpose for which each d The Funds are pledged as additional security fo Mortgage. a-, ..(1r7 9 J one -twelfth of yearly premium installments for mortgage insurance, as reasonably estimated initially and from time to time by Lender on of assessments and bills and reasonable estimates thereof. ThIssubrnMal needs to be scheduled for p accordance wMtlmelires set f orth i Karel Code. The ae eeclslon- n- raxewHielnforreadondon ,I al the pu b�c remmmercletlon or a fin PZ-22- The Funds shall be held in an institution the deposits or accounts f which are insured or guaranteed by a Federal or state (including Lender if ender is s id taxes, arge for so and compilin^ t on the Funds ower and Lender that interest on eement is made or all not be required Lender shall live t^ nds showing credits and it to the Funds was made. the sums secured by this If the amount of the Funds held by Lender, ogether with the future monthly installments of Funds payable to the due date- of taxes, assessments, insurance premiums and ground rents, shall exceed the -mount required to pay said taxes. assessments, insurance premiums and grouprents as they fall due, such excess shall be, at Borrower's option, either p -mptly repaid to Borrower or credited to Borrower on monthly installments of unds. If the amount of the Funds held 1 by Lender shall not be sufficient to , y taxes, assessments, insurance premiums and ground rents as they fall due Borrower shall pay to Lender any amount necessary to make up the deficient ithin thirty (30) days from the date notice is mailed by Lender to Borrower questing payment thereof. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Mortgago- any Funds held by Lender. If under paragraph 17 hereof the Property is so or the Property is otherwise acquired by Lender, Lender shall apply, no 1- er than immediately prior to the sale of the Property or its acquisition by Le -er, any Funds'held by Lender at the time of application as a credit against t sums secured by this Mortgage. 3. Applies! n of Payments. Unless applicable law provides otherwise, all payments rec ved by Lender under the Note and paragraphs 1 and 2 hereof shall be applie by Lender first in payment of amounts payable to Lender by Borrower under aragraph 2 hereof, then to interest payable on the Note, then to the print=•al of the Note, and then to interest and principal on any Future Advances. 4. Charges; Liens. Borrower shall pay all taxes, assessments and other charge fines and impositions attributable to the Property which may attain a prior'..y over this Mortgage, and leasehold payments or ground rents, if any, in the anner provided under paragraph 2 hereof or; if not paid in such manner, by Bo ower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower•: shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; 2 91-- 779 34-- c hearing eoryof ng body will legto renders nn 439 This sue... nee. fo beachetluleit for a In accordance vet nmenne., ser innh' Miami Code. The spare Ile derision reviewthe information at the public recommendation ore crovIded, that Borrower shall not be required to discharge any such l as Borrower shall agree in writing to the payment of the obligation s such lien in a manner acceptable to Lender, or shall in good faith Conte lien by, or defend enforcement of such lien in, legal proceedings which erate to prevent the enforcement of the lien or forfeiture of the Property or ny part thereof. 5. Hazard Insurance. Borrower shall keep the improvements ow existing or hereafter erected on the Property insured against loss by .ire, hazards Included within the term "extended coverage", and such other h- ards as Lender may require and in such amounts and for Such periods as Le.%er may require provided, that Lender shall not require that the amounts of s h coverage exceed that amount of coverage required to pay the sums secured this Mortgage. The insurance carrier providing the insurance sha be chosen by Borrower subject to approval by Lender; provided, that sus approval shall not be unreasonably withheld. All premiums on insurance po cies shall be paid in the manner provided under paragraph 2 hereof or, if • -t paid in such manner, ty Borrower making payment, when due, directly to t - insurance carrier. All insurance policies and renewals the -of shall be in form accepts::.. to Lender and shall include a standard mortgee clause in favor of and in _form acceptable to Lender. Lender shall have e right to hold the policies and renewals thereof, and Borrower shall pr• ptly furnish to Lender all renewal notices and all receipts of paid premium=. In the event of loss, Borrower shall give prompt notice to the insurance c- ier and Lender. Lender may make proof of loss if not made promptly by eorr- sr. Unless Lender and Borrower •- erwise agree in writing, insurance proceeds shall be applied to restoration . repair of the Property damaged, provided such restoration or repair is econo cally feasible and the security of this Mortgage is not thereby impaired. Ir such restoration or repair is not economically feasible or if the securit of this Mortgage would be impaired, the insurance proceeds shall be applied the sums secured by this Mortgage, with the excess, if any, paid to Borrow . If the Property is abandoned by Borrower, or if Borrower fails to resp• d to Lender within thirty (30) days from the date notice is mailed by Lender Borrower that the insurance carrier offers to settle a claim for insuranc: ben§fits, Lender is authorized to collect and apply the insurance proceed at Lender's option either to restoration or repair of the property or to t sums secured by this Mortgage. Unless -nder and Borrower otherwise agree in writing, any such application of proceeds - principal shall not extend or postpone the due date of the monthly instalimen referred to in paragraphs 1 and 2 hereof or change the amount of such ins--llments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance polio -s and in and to the proceeds thereof resulting from damage to the Property prio to the sale or acquisition shall pass to Lender to the extent of the sums e-•red by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and . shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, 3 91.- 779 35 heating he City of Icnn betly will ring to render a deetlon it This submtlel needs. beech...1 in accordance with timelines set Mimi Code. The applica He deci ' renew the Information at the p reecornrnendati ono Borrower shall perform all of Borrower's obligations under the decla covenants creating or governing the condominium or planned unit developm -laws and regulations of the condominium or planned unit development, constituent documents. If a condominium or planned unit development ri•-r :s executed by Borrower and recorded together with this Mortgage, the coven-.ts and agreements of such rider shall be incorporated into and shall end and supplement the covenants and agreements of this Mortgage as if the ider were a part hereof. 7. Protection of Lender's Security. Ef Borrower fails o perform the covenants and agreements contained in this Mortgage, or i any action :_ proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain insolvency, code enforcement or arrangements or proceedings involving a bank••pt or decedent, t^en :.ender at Lender's option, upon notice to Borrower, may ake such appearances, disburse such sums and take such action as is necess y to protect Lender's interest, including, but not limited to, disbursement of reasonable a_-__..ey s fees and entry upon the Property to make repairs If the Lender required mortgage insurance as a condition of making the 1 n secured by this Mortgage, 3orrower shall pay the premiums required to mai ain such insurance in effect until such time as the requirement for such in --ranee terminates in accordance with Borrower's and Lender's written agreement r applicable law. Borrower shall pay the amount of all mortgage insurance pr iums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pu -uant to this paragraph 7, with interest thereon, shall become additional in•=btedness of Borrower secured by this Mortgage. Unless Borrower and Len• r agree to other terms of payment, such amounts shall be payable upon notic from Lender to Borrower requesting payment thereof, and shall bear interes from the date of disbursement at the rate payable from time to time on out anding principal under the Note unless payment �f interest at such rate would contrary to applicable law, in which event such amount shall bear interest at he highest rate permissible under applicable law. :othing contained in this p agraph 7 shall require Lender to incur any expense contained in this paragra• 7 or take any action hereunder. 8. Inspection. ender may make or cause to be made reasonable entries •-pon and inspections f the Property, provided that Lender shall give Borrower notice prior to any ch inspection specifying reasonable cause therefor related to Lender's inter t in the Property. 9. Coed tioa. The proceeds of any award or claim for damages, direct or consequent1, in connection with any condemnation or other taking of the Property, or -art thereof, or for conveyance in lieu of condemnation, are hereby assigned a-= shall be paid to Lender. the event of a total taking of the Property, the proceeds shall be appli-- to the sums secured by this Mortgage, with the excess, if any, paid to 3orr• er. In the event of a partial taking of the Property, unless Borrower and Le er otherwise agree in writing, there shall be applied to the sums secured b this Mortgage such proportion of the proceeds as is equal to that proportion hich the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior, to the date of taking, with the balance of the proceeds paid to Borrower. 91---- 779 3 4 pe Etc M1earing In IM1e elof making d l M1earing. rerdu rentlera nal aeciaon SUBSTITUTED ' 1 , `-t , kr4 Thls submMal nestle to be scM1etlu lee br rcoM ance ,p timelinessetf Ml.mi Code. the appllu tle tl�hio reWew the Inbnnadon at the pub' �ommendetion are PZ-22 :f the Property is abandoned by Borrower, or if, after notice to Borrower that the condemnor offers to make an award or settle a c_ damages, Borrower fails to respond to Lender within thirty (30) days afte. date such notice is mailed, Lender is authorized to collect and appl the proceeds, at Lender's option, either to restoration or repair of the P--pert. or to the sums secured by this Mortgage. Unless :.ender and Borrower otherwise agree in writing, any such piicat:.on of proceeds to principal shall not extend or postpone the due date o the monthly installments referred to in paragraphs 1 and 2 hereof or change he amount of such installments. 10. Borrower Not Released. Extension of the ti for payment or modification of amortization of the sums secured by this ortgage granted by Lender to any successor in interest of Borrower shall n- operate to release, in any manner, the liability of the original Borrower a Borrower's successors in interest. Lender shall not be required to commence •roceedings against such successors or refuse to extend time for payment or of -rwise modify amortization of the sums secured by this Mortgage by reason of an demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender .Not a Waiver Any forbearance by Lender in exercising any right or remedy hereunder, o otherwise afforded by applicable law, shall not be a waiver of or preclude he exercise of any such right or remedy. The procurement of insurance or e payment of taxes or other liens or charges by Lender shall not be a waive of Lender's right to accelerate the maturity of the indebtedness secured b this Mortgage. 12. Remedies Cumulative. 1 remedies provided in this Mortgage are distinct and cumulative to any oer right or remedy under this Mortgage or afforded by law or equity, and be exercised concurrently, independently or successively. 13. . Successors and ssigns are Bound; Joint and Several Liability; Captions. The covenants d agreements herein contained shall bind, and the rights hereunder shall i re to, the respective successors and assigns of Lender and Borrower, subject the provisions of paragraph 17 hereof. All covenants and agreements of Borr et shall be joint and several. The captions and headings of the paragraphs o this Mortgage are for convenience only and are not to be used to interpret - define the provisions hereof. 14. Noti . Except for any notice required under applicable law to be 'given in anoth manner, (a) any notice to Borrower provided for in this Mortgage shall be gilt by mailing such notice by certified mail addressed to Borrower at 1823 81 ayne Boulevard, 014, Miami, Florida 33132, or at such other address as Borrow may designate by notice to Lender as provided herein, and (b) any notice Lender shall be given by certified mail, return receipt requested, to ..ender - address stated herein or to such other address as Lender may designate by n ice to Borrower as provided herein. Any notice provided for in this Mor -age shall be deemed to have been given to Borrower or Lender when given in manner designated herein. 15. Governing Law; Severability. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with the applicable 9I.- '779 37 5 II blic M1 theyof earing cd alms hady will ring.. render j I deciean. This sudmldal needs}, de scheduled for in accordance will timelines set fod Mlami Code.The applirzlle decision rewew Me. i nbimation at the pub. recommendanon or a law, such conflict shall not affect other provisions of this Mortgage o which can be given effect without the conflicting provision, and to thi provisions of the Mortgage and the Vote are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy •f the Note and of this Mortgage at the time of execution or after recordation r-reof. 17. Transfer of Property. Borrower shall not sell, convey transfer, lease or further encumber any legal or equitable interest in all o any part of the Property, without the prior written consent of Lender, d any sale, conveyance, transfer, lease or encumbrance made without Lender'- prior written consent shall be void. For purposes of :-is paragraph, Borrower is a corporation or partnership, any change in the ownership of Bo ower or a material change in the management of Borrower shall be considered - conveyance of tr.e Property. If any person should obtain any interest in - 1 or any part of t-e Property pursuant to the execution or enforcement of any ,ien, security interest or other right, whether superior, equal or subordinat to this Mortgage or the lien hereof, such event shall be deemed to be a tran er by Borrower. Borrower shall not, without the prior written consent of Len- r, further assign the rents from the Property, nor enter into any agreement t- do any act to amend, modify, extend, terminate or cancel, accept the surrend , subordinate, accelerate the payment of rent, or change the terms of any r- ewal option of any lease now :- hereafter covering the Property or any part hereof, and any such assignment, agreement or act without the express writt=, consent of Lender shall be void. 18. Acceleration. If any sum of ney herein referred to be not promptly paid when the same becomes due, or i each and every one of the agreements, stipulations, conditions and covena s of the Note and this Mortgage be not complied with, then all sums sec ed by this Mortgage shall forthwith or thereafter, at the option of the nder, become and be due and payable in full without further demand, and Leermay foreclose this Mortgage by judicial proceeding. Lender shall b= entitled to collect all expenses incurred in pursuing the remedies provid in this paragraph or in other provisions of this Mortgage, including, but no limited to, easonable attorneys' fees (whether or not suit be brought), c rt costs, and costs of title evidence (and those at:orney's fees and cost ncurred in connection with any appellate proceedings). Failure by the Lender exercise any of the rights or options herein provided shall not constitute _ waiver of any rights or options under the Note or this Mortgage accrued or hereafter accruing. 19. Assi-• ent of Rents; Appointment of Receiver. As additional security hereunder, 8orr- er hereby assigns to Lender the rents of the Property, provided that porrowe shall, prior to acceleration under paragraph 18 hereof or abandonment -f the Property, have the right to collect and retain such rents as they becom due and payable. U -n acceleration under paragraph 18 hereof or abandonment of the Property, Lends shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Pr -erty, including.those past due. All rents collected by the receiver shall b applied first to payment of the costs of management of the Property and ollection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents. actually, received. 91- 779 38 It ht.rhg de city o king hotly wtd ring to render 1 decl9 on. 20. Further Assurances. At any time and from time to time, upo.. request, Borrower shall make, execute and deliver or cause to be spade, -� and delivered to Lender and, where appropriate, shall cause to be recor filed and from time to time thereafter to be re -recorded or re L f'1e d and in such offices and places as shall be deemed desirable all such further mortgagee, instruments of further assurance other documents as Lender may consider necessary or desirable effectuate, complete, enlarge or perfect, or to continue obligations of Borrower under the Note and this Mortgage, an Mortgage as a first and prior lien upon all of the Property, or hereafter acquired by Borrower. Upon any failure by Borrow ;nay make, execute, record, file, re-record or refile any and instruments, certificates and documents for and in the nam Borrower hereby irrevocably appoints Lender the agent and Borrower to do so. 21. Renewals and Extensions. Upon Lender's option, prior to release of this M paymentoon the note or notes secured hereby Advances) or may renew such notes, which ex interest at the rate determined by the Lender extension. Any such extension or.renewal shall Mortgage and the notes so extended or renewed by this Mortgage without any further need fo extension or renewal note. Mortgage, 22. Construction Loan Agreement this Mortgage is given as security are the terms and conditions of the Const are incorporated herein by referen 23. Security Agreement. agreement under the Uniform C 24. Fut d indebtedness, or are to be m Borrower within future advance total amount o time to time, exceed twice disbursements w:,th interes made • SUBSTITUTED '"''.!'" E4 NOTICE This submtlal needs. be scbacisMi bra in accordance wilM1tlmelirm set forth' Miami Cale. The appiica tleciam• review the Information at tba pubic recommeneaeon oran h at suc ime by Lender and certific es and in rder to and pr erve the . d the en of this whe er now owned er do so, Lender al such mortgages, of Borrower, and ttorney-in-fact cf a request Borrower, Lender, At may extend the time for includ' g Notes evidencing Future tens'•nc and renewals shall bear the time of such renewal or of impair the security of this all continue to be fully secured reference to this Mortgage in the If the proceeds of the loan for which o be utilized for construction purposes, ction Loan Agreement, if any, of even date is instrument shall also constitute a security ercial Code. ure Advances This Mortgage is given to secure not only existing but also eu, future advances, whether such advances are obligatory at th option of the Lender, or otherwise, as are made to the fiftee Aare from the date hereof, to the same extent as if such s were ado on the date of the execution of this Mortgage. The find tednems that may be so secured may decrease or increase from bu the total unpaid balance so secured at one time shall not t face amount of the Note, plus interest thereon, and any de for the payment of taxes, levies or insurance on the Property, thereon as provided in this Mortgage. 25 Borrower affect' ordin tre azardous Materials. Borrower represents, warrants and covenants that as not used Hazardous Materials (as defined hereinafter) on, from, or gthe Property in.any manner which violates federal, state or local'laws, ees, rules, regulations, or policies,, governing the use, storage, ent, transportation, manufacture, refinement, handling production or di •osal of Hazardous Materials, and that, to the best of Borrower's knowledge, prior owner of the Property or'any tenant, 'subtenant, prior tenant or prior ubtenant have used Hazardous Materials on, from, or affecting the Property in any manner which violates federal, state -or local laws, ordinances, rules, regulations or, policies governing the use, storage, treatment, transportation, 91- 779 g9 c bearing eGibra ingto rentlere .bearing the City, eking hody. aingto modem I aeclaon. _4. 4„."., I • 7c., z 4 .„ ,.„(... N., This submtlal needs. be soberer. for In accordance withi mein. setfi Miami Cale. The appllratre decisl rMewthe Information at the pub renommenbaeon or manufacture, refinement, handling, production or disposal of Hazardous Borrower shall keep or cause the Property to be kept free of Hazardous Ma without limiting the foregoing, Borrower shall not cause or permit the Pr to be used to generate, manufacture, refine, transport, treat, store, ha dispose, transfer, produce or process Hazardous Materials, except in comp with all applicable federal, state and local laws or regulations, n Borrower cause or permit, as a result of any intentional or unintent or omission on the part of Borrower or any tenant or subtenant, a Hazardous Materials onto the Property or onto any other property. 9 comply with and ensure compliance by all tenants and subten applicable federal, state and local laws, ordinances, rules a whenever and by whomever triggered, and shall obtain and compl that all tnnintn and nrrhtnn.inti oht.iin .ind r-omr1y with .iny nr1 registrations or permits required thereunder. Borrower sr-11 complete all investigations, studies, sampling, and test g, and all remedial, removal, and other actions necessary to clean up an remove all Hazardous Materials on, from, or affecting the Property (i) in accordance with al: applicable federal, state and local laws, ordinance-, rules, regulations, and policies, (Li) to the satisfaction of Lender, and ii) in accordance with the orders'and directives of all federal, state and and (b) defend, indemnify, and hold harmless officers, and directors, from and against any c liabilities, settlements, damages, costs, or known or unknown, contingent or otherwise, to, (1) the presence, disposal, release, Materials which are on, from or affecting personal property, persons, animals, (including• wrongful death) or proper or related to such Hazardous Materi settlement reached, or government and/or (iv) any violation of law of government authorities, or based upon or in any way rela Limitation, attorney and c court costs, and litigatio or Borrower tenders a d Property to Lender free of the Property shall ordinances, rules o paragraph, "Hazer explosives, "rad hazardous or to Environmental J.S.C. Sect amended (4 Recovery regulat feder rest al a Lance shall nal act elease :f rower shall s with al: regulations, ith, and ensure (a) conduct and 1• al governmental authorities, nder, its employees, agent2. ims, demands, penalties, fires, penses of whatever kind or nature, ising out of, or in any way related threatened release of any Hazardous he soil, water, vegetation, buildings, r otherwise; (ii) any personal injury damage (real or personal) arising out of s; (iii) any lawsuit brought or threatened, order relating to such Hazardous Materials, orders, regulations, requirements, or demands y policies or requirements of Lender, which are d to such Hazardous Materials including, without sultant fees, investigation and laboratory fees, expenses. In the event this Mortgage is foreclosed, d in lieu of foreclosure, Borrower shall deliver the f any and all Hazardous Materials so that the condition onrform with all applicable federal, state and local laws, regulations affecting the Property. For purposes of this us Materials" includes, without limit, any flammable active materials, hazardous materials, hazardous wastes, c substances, or related materials defined in the Comprehensieie aspens', Compensation, and Liability Act of 1980, as amended (42 ns 9601, et seq.), the Hazardous Materials Transportation Act, as U.S.C. Sections 1801 et seq.),'the Resource Conversations ant ct, as amended (42 U.S.C. Sections 9601, et seq.) and in the ns adopted and publications promulgated pursuant thereto, or any other state or local environmental law, ordinance, rule, regulation or ction. The provisions of this paragraph,phall be in addition to any and ther obligations and liabilities Borrower may have to Lender at common law, shall survive the transactions contemplated herein. 26. Waiver of Jury Trial. EXCEPT AS MAY BE PROEISITED SY LAW, LENDER AND BORROWER HERESY KNNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE TEE RIGET EITHER MAY NAVE TO A JURY TRIAL IN RESPECT TO ANY LITIGATION EASED HEREON, OR ARISING 8 9I 779 /00 SUBSTITUTED NOTICE This submittal needs, be eche&led for In accord anmwim b melinet set fort Mlam Lobe. The apposed decision rex.. he informalson etthe publi recnmmernad.nnr a PZ-22- manufacture, refinement, handling, production cr disposal of Hazardous Borrower shall keep or cause the Property to be kept free of Hazardous M without limiting the foregoing, Borrower shall not cause or permit the P to be used to generate, manufacture, refine, transport, treat, store, dispose, transfer, produce or process Hazardous Materials, except in com with all applicable federal, state and local laws or regulations, Borrower cause or permit, as a result of any intentional or uninten or omission on the part of Borrower or any tenant or subtenant, Hazardous Materials onto the Property or onto any other property. comply with and ensure compliance by all tenants and subte applicable federal, state and local laws, ordinances, rules whenever and by whomever triggered, and shall obtain and compl that all 1-nnrintn and nwihtnn.intn ffhtain and f-omp1y with any registrations or permits required thereunder. Borrower complete all investigations, studies, sampL'_^g, and tes removal, and other actions necessary to cLean up a Materials on, from, or affecting the Property (i) applicable federal, state and local laws, ordinanc policies, (ii) to the satisfaction of Lender, and orders'and directives of all federal, state and and (b) defend, indemnify, and hold harmless officers, and directors, from and against any liabilities, settlements, damages, costs, or known or unknown, contingent or otherwise, to, (i) the presence, disposal, release, Materials which are on, from or affectin personal property, persons, animals, (including' wrongful death) or proper or related to such Hazardous Mater settlement reached, or governmen and/or (iv) any violation of law , of government authorities, or ny based upon or in any way rel- ed to such Hazardous Materials including, without limitation, attorney and nsultant fees, investigation and laboratory fees, court costs, and litigati• expenses. In the event this Mortgage is foreclosed, or Borrower tenders a d -d in lieu of foreclosure, Borrower shall deliver the Property to Lender fro of any and all Hazardous Materials so that the condition of the Property shal conform with all applicable federal, state and local laws, ordinances, rules • regulations affecting the Property. For purposes of this paragraph, "Hasa ous Materials" includes, without limit, any flammable explosives, 're • oactive materials, hazardous materials, hazardous wastes, hazardous or t- is substances, or related materials defined in the Comprehensive Environmenta -expense, Compensation, and Liability Act of 1980, as amended (42 J.S.C. Sec ons 9601, et seq.), the Hazardous Materials Transportation Act, as amended ( J.S.C. Sections 1801 et seq.), the Resource Conversations and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.) and in :he requla ons adopted and publications promulgated pursuant thereto, or any other feeler , state or local environmental law, ordinance, rule, regulation or res iction. The provisions of this paragraph,phall be in addition to any and al other obligations and liabilities Borrower may have to Lender at common law, d shall survive the transactions contemplated herein. d Lance r she.: _anal act release c: rrower she:: nts with a:: d regulations, with, and ensure and 1 1 1 i r r r,' ' i all (a) conduct and ng, and all remedial, remove all Hazardous h in accordance with a:: , rules, regulations, and iii) in accordance with the cal governmental authorities, ender, its employees, agensa. aims, demands, penalties, fines, xpenses of whatever kind or nature, rising out of, or in any way related r threatened release of any Hazardous the soil, water, vegetation, buildings, or otherwise; (ii) any personal injury damage (real or personal) arising out of s; (iii) any lawsuit brought or threatened, order relating to such Hazardous Materials, orders, regulations, requirements, or demands policies or requirements of Lender, which are 26. Waiver of Jury Trial. EXCEPT AS MAY BE PROHIBITED BY LAW, LENDER AND BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A JURY TRIAL IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING 8 91 779 100 Ilc hearing the city of king body MI rind,. renders decision. SUBSTITUTED g OUT OF, UNDER OR IN CONNECTION WITH THIS MORTGAGE OR THE NOTE, OR ANY OR INSTRUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR A OF EITHER PARTY. IF THE SUBJECT MATTER OF ANY SUCH LITIGATION IS ONE IN wit THE WAIVER OF A JURY TRIAL IS PROHIBITED, NEITHER THE BORROWER NOR THE L •ER SHALL PRESENT AS A NON -COMPULSORY COUNTERCLAIM IN SUCH LITIGATION, ANY LAIM ARISING OUT OF THIS MORTGAGE. FURTHERMORE, NEITHER THE LENDER NOR BORRO SHALL SEER TO CONSOLIDATE ANY SUCS ACTION IN WHICH A JURY TRIAL RAS BEEN WAI D, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED. THIS PROV SION IS A MATERIAL INDUCEMENT FOR TEE LENDER'S EXTENDING CREDIT TO BORROWER. Thlssubmktal nestle to be scM1etl�letl fora reortle Jhe , pLi Fines iron-ib' ev, Loge.TheapplitatF A islon- rexewiheinionnationatthepub�c recommerdatlorvor a Rn PZ-22- IN WITNESS WHEREOF the Borrower has caused this Mortgage o be executed or, the date first above written. Signed, sealed and delivered MIAMI CHINESE CO NITY CENTER, ^... in the presence of: a Florida limit : partnership STATE OF FLORIDA COUNTY OF DADE The foregoing by Isaac Shih, as corporation, goner limited partners ) ) By: Its gen al partner, MIAMI a INATOWN DEVELOPMENT CORP., a F1• Ida orporation Isaac S 1h, Presiden i trument was acknowledged before me on March ( goal- . ,� .. 27, 1990, esident of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida , on behalf of the company and the partnership. Nota( Pmblic My�commission empires: :0TANY PUBIC sIa1t aF •::allA MY CbNItSS:72 (tP. »_: :1.'991 8000 MU C:" .'. IN . on. 91- c hearing e City of mg bogy vnll Ing to render ' • ,` .,, �L Notkr�► Se6 ). ey. 7 7‘41/ • Thls submittal needs to be sch in accordance with timell Mlami Dade. The applica re.ewihe Information reconlnlm Lot Two (2), in Block Six (6), of THIRD AMENDED MIRAMAR, according to the Plat thereof, recorded i Book'S, at Page 4, of the Public Records of Dade Florida. tl for a public hearing et forth in the City of edsion-makfttotlywilt e W bbc hearing to rentler a n or afinal tlecISon. %175,000.00 EXHIBIT B Pi CM)sSf1R9 Neitt This submittal needs to be scheduled fora acoordancevethbmelinee eel fort Kam Cole. The petle rclslon review the e informationdnnMahe pubh recommend. Doora PZ-22- 4c hearing he City of king bogyril render ring to rendera decision. FOR VALUE RECEIVED, the undersigned jointly and severally (hereinafter called "Borrower") premise pay to the t.te• of EASTERN NATIONAL BANE, a national banking association (hereinafter called "Lender"), the principal sun o •NE wLiNDRED SEvEic,• FIVE THOUSAND DOLLARS ($175,000.00) together with interest thereon from the date hereof at a per !inn ate roust to one end one-half percent (1'6%) above the Prime Rate (as defined below). Interest shell be calculated on the •asis of a 360•dey veer for the actual number of days elapsed. The principal and interest shall be due end payable in lawful currency of the United Ste of America et B66 Donee sic Leon Boulevard, Coral Gables, Florida, or et such other place as the Lender or holder hereof may - reefter designate •n writing, as follows: (a) (b) Commencing on April 27, 1990, there shalt be due on the 27th day of each mon installments of principal in the amount of Seven Hundred Twenty -Nine and 1 with interest on the outstanding principal balance. If not sooner paid, this Note shalt mature and the entire indebt • ass payable on March 27, 1993. thirty•five (35) consecutive eeva: 100 Dollars (s729.17) each, together represented hereby shell be due and All payments shall be applied first to accrued interest and then to p• ncipal. This Note may be prepaid in whole or in part et any time without penalty. if any payment is not made in full when due, the entire unpaid prim interest and less any interest in excess of the maximum allowed by law the holder become immediately due and payable without notice. Faitur of the subsequent right to exercise such option. While in default, t by law, or in the absence of a law limiting the maximum rate of i above the Prime Rate. pal balance and accrued interest, less any unearned any rebates required by taw, shalt et the option of to exercise this option shall not constitute a waiver s Note shalt bear interest at the maximum rate permitted erest, et a rate equal to six and one-half percent (6''Z) The "Prime Rate" for purposes hereof shall be that r. of interest designated as the prime rate and quoted daily in the Wall Street Journal (Eastern Edition), provided that if re then one such rate is quoted, then the highest such rate small be applicable. Any change in the interest rate hereunder suiting from a change in the Prier Rate shall be effective on and es of the day the Prime Rate changes. Borrower and ell sureties, endorsers and guar of nonpayment, protest, notice of protest and all enforcing any of the security rights or in proceed evidenced by this Note; (b) agree to any substi or release of any party or person primarily or to institute any suit, or to exhaust its r against the Collateral in order to entry :postponement of time of payment of thi .consideration to.any of the foregoing; express written release by the Lender for all sums due under this Note, a Upon the happening of of eeeh Borrower to Lender, wh without notice or demand bec Perform any agreement her installment thereof or int statute, by any Obligor; or state statute, whic (d) on -application f by, or the insolve garnishment, or t part'of the pro or reorganitat securing the the financi heretofor any gbli Note ors of this Note hereby (a) waive demand, presentment for payment, notice ther notice, filing of suit and diligence in eolLecting this Note. in against any of the collateral (the "Collateral") securing the obligations ion, exchange, addition or release of any of the Collateral or the addition ondarily liable hereon; (e) agree that the Lender shall not be required first ies against Borrower or any other person or party to become liable hereunder or payment of this Note; (d) consent to any extension, rearrangement, renewal or cite and to any other indulgence with respect hereto without notice, consent or (e) spree that, notwithstanding the occurrence of any of the foregoing (except the hgtder), they shell be end remain jointly and severalty, directly and primarily, liable any other documents securing this Note. of the following events, each of which shalt constitute a default hereunder, all liabilities sir or not evidenced by this Note, shall thereupon or thereafter at the option of the Lender due and payable: (a) failure of any Borrower, endorser, surety or guarantor ("Obligor") to er or to pay in full, when due, any indebtedness or liability whatsoever to Lender or ary eat thereon; (b) the filing of any petition under the Bankruptcy Act, or any similar federal or state the institution against any Obligor of a proceeding under the Bankruptcy Act, or any similar federal roceeding is not dismissed or discharged within a period of thirty (30) days after the filing thereof; the appointment of a receiver for, or the making of a general assignment for the benefit of creditors of, any Obligor; (e) the entry of a judgment against any Obligor; (f) the issuing of any attachment tr filing of any lien, against any property of any Obligor; (g) the taking of possession of any substa^tia: ty of any Obligor at the instance of any governmental authority; (h) the dissolution, merger, consolidat•c^ of any Obligor; CO a default by any Obligor under any other instrument or agreement further evidencing tr oan evidenced by this Note; and (j) the determination by Lender that a material adverse change has occurred i condition of any Obligor from the conditions sot forth in the most recent financial statement of such Obligor as most recently disclosed to Lender in eny manner; or that any warranty, representation, certificate or statement of r (whether contained in this Note or not) pertaining to or in connection with this Note or the loan evidenced by this not true. The Borrower, jointly and severalty, promises and agrees to pay in the event of a default, all costs and expenses urred by the holder hereof in collecting this Note, including court costs and attorneys fees, and also those costs, expenses Page 1 of 2 91 779/03 iiiam1 attarnev's fees irc_r-ed in any late proceedings. .t t e provisions of this Note Shall be construed and interpreted and all rights and obligations h aeeo•dante with Florida law. Alt nouns and pronouns contained in this instrument shalt Teen and include the singular, and the masculine, feminine end neuter gender whenever and wherever the context so admits or This submbtal needs. be acbea fed Mr In accordance Mtn nmetres set. Miami Cole. The auntie.. aecisi review the Information at the pub recornmendadon or ;n no event shall interest (including any charge or fee held to be interest by a court o1 competent to be oayabte hereon in excess of the highest contract rate allowable by law for the time such indebtedness shat and unpaid, and if by reason of acceleration of maturity of such indebtedness, or for any other reason, int the highest legal Sete shalt be due or paid, any such excess shalt constitute and be treated as a payment on • and shalt operate to reduce such principal by the amount of such excess, or if in excess of the print excess shall be refunded to Borrower. Without limiting the generality of the foregoing, and notwithstand agreement, no deposit o' 'unds shalt be required in connection with this Loan in an amount which wilt prineipat amount outstanding hereunder, cause the rate of interest hereunder to exceed the maximum this Note is secured, inter a1 i a, by a Mortgage of even date executed by the Borrow referenee is made to the Mortgage for rights as to the acceleration of the maturity of this 4 EXCEPT AS MAY BE PROHIBITED BY LAW, LENDER AND BORROWER HEREBY KNOJIMGLY, VOLUWTAR EITHER MAY NAVE TO A JURY TRtAL tM RESPECT TO ANY LtTtGAT1CM BASED HEREON, CR ARISING OUT NOTE. CR ANY AGREEMENT OR INSTRUMENT CONTEMPLATED TO BE EXECUTED iM CCNJUWCTTON HERMIT DEALING, STATEMENTS (WHETHER ORAL DR WRITTEN) OR ACTIONS OF EITHER PARTY. iF THE SUBJ iN WHiCN THE WAIVER OF A JURY TRIAL tS PROHIBITED, NEITHER THE 80RRCWER VCR THE COUNTERCLAIM IN SUCH LITIGATION. AMY CLAIM ARISING CUT OF THIS NOTE. FURTHERMORE TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS SEEM WAIVED, WITH AMY WAIVED. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER'S EXTENDING CR bbe bearing the eery of eking bolywil sing to renders I decision .:e be outsta-+c -; t in excess principal ''e-t.' indebtedness sac, Any Orel or written when deducted from the wfut rate. in favor of the Lenden, amd AND tNTENTiCNALLY WAVE THE RIGHT F, UNDER OR IN CONNECTION WiTH THIS . OR ANY COURSE OF CONDUCT, COURSE OF MATTER OF ANY SUCH LITIGATION IS CNE NDER SHALL PRESENT AS A NCN•CCmPuLSCRY EITHER THE LENDER NOR BORROWER SMALL SEEK HER ACTION IN WHICH A JURY TRIAL CANNOT BE TO 80RROWER. MIAMi CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership By: Its general partner, MIAMi CNINATOAN DEVELOPMENT CORP., a Florida corporation aeo MO ai IFFICI*L aeeOes. era. IF DADE COUhr,, FUlalp& REco.D vtRi1IED RICHARD P. BRINIM CLFRM( CIRCUIT COURT Peg* 2 of 2 91. o'*\c'w• SUBSTITUTED litoottow Jai' G, ,`t, Its, 11 4 1.47 4. k tk 'c>t. I POLICY OF TITLE INSURANCE 4-'"ty lulled by -This aubmrttai needs. tie acheduied .r a 1 In accordance wilt ilmeiires set forth' y Miami Code -The appdutledecislon- reVewthe immrnaunn at me wdus recommendation or a a PZ-22- 01 NUM$ER 3 l -1 d 0 4 2 american title insurance cc any HOME OFFICE MIam,, . Fiore& A STOCK COMPANY SUBJECT TO THE E XCLUSIONS FROM GQvEaAGE, THE EXC THE PROVISIONS OF THE CONDITIONS AND STIDULAT1O CbMPANY a F,or.da Cotoorritlon Herein caller! the Corill,ny against loll or damage not ext ee'IIPl the . mt r't of u•su, On t,tpenni wh,ch the Company mei beCCmt chhgaied to rtastxf of. 1 T.tte !o the estatlr a, tctest tl,tbcr,:,ed -c hewing e❑ or Ing body will ring to render decision. IONS CONTAINED IN SCHEDULE 8 ANO HEREOF, AMERICAN TITLE INSURANCE sures. as of Cate of Policy shown ,n Schedule A, tteted In Schedule A. and costs. attorneys' fees arid v heieund v. sustained of Incurred by the tn$ufed by Scr•f.;utr• A Ue,ng ..sun otnarw,at than aa.stat•d therein; 2 Any detect n Or 11101 C, cnGJ.ntr'J + ),..,.r,:, !.'N 3 Lack Ot J n;h! sCCOS t0 3:'• r,1 ri 4 Unmarketat,t..ty qt su:n t rAtl C'ol,tr Mall ',At :e .JFRI v/ ••Oretefirar.ve 0r rht Co1n0 Or to prig ,y:t:t Sctir;yure ::•Js beer) ^OJ1fNI,9nef rfy ether aOu,y audio/lift, Wert ititl .1:PI adult 9 Ad; reon arr.•cnel Hereto. Ame•,c,n T•rt0 InturA,lCr CJWIrd 'IS :o,, Pram seal t0 bt ner•trtlro aff,.eO end mete !PAWN: r0 tJ r,gr,e(% tit rJc:>,n•da ;,Rtlt)r h. t.'. ': ry Of : rs b/•/Jh'S IMAM 111% .Imeriaan tittt* insurance aarnpany .. ,►inset S«Iwaty 91- 779 / 5 • `. r,`�. ,�' '. •.ti ll} 4*, SUBSTITUTED EXCLUSIONS FROM COVERAGE The follow,' Mitten are expressly excluded from the coverage of this policy: 1. (a) Qovernmontal pofioe power. (b) Any saw, ordinance or governmental regulation relating to environmental prof (c) Any law, ordinance or governmental regulation (Including but not limited 10 bull restricting or regulating or prohibiting the occupancy, use or enjoyment of the 1a dimansions or location of any Improvement now or hereafter erected on the ownership or a change In the dimensions or area of the land or any parcel This sebmlial needs. be sche.. for In accordance sei.Id matinee set. halaml Cale. The applim He hecisi rMew Tip Information at the pub' recommender. or n, Um bearing lie Llty of eking hodsa.t arias to renders Mclean. g and coning ordinance, or regulating the cheese,.' or prohibiting a separation which the land Is or was a par (d) TM effsct of any violation of the matters excluded under (a), (b) or (c) a • ve, unless notice of a defect, Ilan o encumbrance resulting from a violation has been recorded at Oslo of Poll , n those records In which un der stet. statutes deeds, mortgages, Us pendens, Ilans Or othsr title encumbran - a must be recorded In order to Impar constructive notice to purchasers of the land for value and without k ledge; provided, however, that wtthou limitation, such records shall not be construed to include records I , any of the offices of federal, state or loco environmental protection, coning, building, haatth or public sale authorities. 2. Rights of eminent domain unless notice of the attercise of suc r Ights appears In the public records at Oster o Policy. 3. Detects, 'lens, encumbrances. adverse claims, or other ma re* (a) created, suffered or agreed to by the insures claimant; (b) not known to the Company and not shown • the public records but known to the Insjrsd Oilman Other at Date of Policy or at the date such claimant ac, red an estate or Interest insured by this policy and no disclosed in writing by the Mewed claimant 10 the Co pony prior to the date such Insured claimant became an _ Insured hereunder; (c) resulting In no loss or d age to the Insured claimant; (d) attaching er creates subsequent to Date of Policy; or (a) resulting In • se or damage which would not haver been sustained If the insured claimant had paid value for the estate Interest insured by this policy. CoNDITI 'NS AND STIPULATIONS 1. DEFINITION OP TERMS The foliO0Hr% tarns .:he• 00' C'I mNn' ';ncured" Me maw et) nip net •n Scned,$o A. Ind. tubtact !.1 any r.entl or dafen1el one Corneany •^ey I1.1re nIo a.N'•st me lamp .nnured. those who i.. ci O to In.: wires* 0f wen "lured by 013010t:Aft 31 t*W a•tl,npossne0 stuns 0u•C•ase ,•'C.ualnp, out t i.nlaed to, heirs, 0i1i' 0uteas. Jevities ur. vivOrl, parfenii reOresMtlhvM, neat of n, 3r COfDorate or fdueiary sucerlso►s Ib) -;muted Cta,mane' an .Hirt CIaionnp 1011 or damage Hereunder le) "Y•owledpe • mew* tot Wee, not C31$t,ua:•va e..nowfeaea to r01.0 :Cn miler toe Irnp,r.ett t0 an insured Or MS . of au, pub;'c recof01. Id) ":and••. the rave too& eoel.I.ca'., Ot by referent, In Son re* A. one improve. f1NMt affixed 1 1rMNI Rat by tee. Conotowls feel ocoarty: prove hoverer, ttte form "lend" aosa not , any oloftehty oevbnd the Imes 01 the apeall•Cllly .Selo:heed or /NHred to in - le P. nor any right, t eta, inbuilt. Mute faearl•101 1 auutl.n., streets, etude. Isin , ailfvt. 1*M1, Wigs 0' Aster• weyI. but • 'MIS herein shah 1IuJ'iv Err 1•mrt the eat - to wh.eh a ',Nit or Keats to and born t A insured by thin oa.uy fe1 mortises": marl*. Oita of trust. thou . Or Other shorty .netruinsnt. "Public maids" tnese chums whip,' 0 law Invert 10Mlluetnee Hosted 01 'nation cline t0 acid lend tea 0, •n 2 C • ' TINUAT'ON OF INSURANCE TER CON1rEvA .CE OF TITt.S ^' C:,.ft ay,; Cr .1.:Cnt Ave foe :a of n• Oe1a �• P• .• r toy°, Of in •Murad 0 'O'; at :van •..,.•.,,' •e•12.n1 an ;flatg kit Mittel! . t th•; ta-.J. .l' "Dial ar :ntfeoted"eis WCufef U. A I.ur2ristg .••!t,.My •non,I;le q.rr IP/ Y OWlhamr ':v:� '6402 .',heel, or sc.'ona as iota enured via.. nave '.ab•l.ty nu triter O. :ove••ent: 1.1 fora", .ty ''trot by Such •ntutpd ,r any :r*1111*• 0° C.:y.yre•C. Of ltaen 4114:1 0r Istn•eit, p(Ov•dud. nOwev.tr t!•.1 rtOIKy Ina:' •Ot t^nit 3 to 'r !.,,ace .11 'aver ill any pulehlNt ar.rn IO:f! •.'1..4.1 3' r.t,sar .ad estate Or .nfro fit •N '^o •'tub•Vlnrss flturan 4y I fhl'lrap a•:.." ':••aa9¢ clue•1 to wren ."• 3 D€PENSI AND PROSECUTION OP ACTIONS - NOTICE OP CLAIM TO 1a • GIVEN SY AN'NSURI0 CLAIMANT ill The Co'noanv. al 11 awn toot end w,enoet u•.dle in ay shall Prov.de for the Jerenl0 ur ern .n{,r'p; .n ell t•tiaatron tontdt'.g yl fet.nnt 0. 11.0C11411.12411 c.lmrneneso keens such nits, eu. 31 0 1Yfau•e ,nIf/POHJ apa.nU ors envied .i ,C aer•un •J ,nfoica a m:weir * 1jt I Ia:0 0' trip rites., Or .n101111 .n wen IarIJ, t0 !lye • l,.,t 1M1 such I.t.get•un Is ftllmom kiloton an *Hew select. 'Ian. entomb/ranee. Or Omar Titter insured 1a,11ntt !se this pose,. lb) The .nw/rua shall nets• me Comptrnr 0ro''lotly in ert•!.ne (.1 .n case My act.on Of ptoesoetap .1 tiOsvA Or 4.IefMN •1 .ntertIONd ail yet forth n ta) spore, 1..1 .n case YrWWlaape snail coma •0 en ."sus '1 nertundI Of a•± C of tltte Or .nterest "men .1 a7Wr,e !0 :.'3 I. t0 the estate 0r .nteete. at muted and w'+. 'n'enl Note tail 0r oamaes for .yam•.:'+ • Comoony may or •16b.e by v.r!ue Of t•,:0o..- Or writ Ir t tie t0 the !state Or .r?VN,t. - ntvrtYJ, .s rel0CtW es .t••'•oraelxele. •t ._ tourism n01.01 thafl 10! he • ftien !0 ins Deny, men as t0 toot ••tuft, all t.ee.• ty of • Comnany ,ho' erase end tupelo's,e .n retire Me matte! Or metters tar .nn.en such Pro-. notice .f 'Ito, .r/d: prOv.0ed, however, t" ta•'ure to notify dealt .n no elle orewd'c♦ 1. - nyltts of any weft •nnutrd under 'gum tt,e company :nets es oretu0,0a0 toy /..0 - ta.l.re and then 0r.y !0 the 11111111112 Of It.0 O.•sivd.ee. ft! Tn. Cognacs'. I^ell `eve tf•e ••gr• sr. *sun rue: fa ..121t1vlr •n0 o.tn4,,2 %Maus awe 33Oa0C4le any action or *roguing Or t0 d any Other set Wn1en .n Its opinion may b - •etenetrr co assirable Ito al:ablips tea titan r trio emu* 0r ',stories as assured, and th COMOMy • 50 late 111r a00ro0r'ata ache* ts.WM Ine !a.m o1 tn•1 00'Ih. whether o• 1O •• Shalt be l.able thereunder, end sews •10 _ I1arby COr2C1oe',2113:'Its or f ,w Mr or0r11101 Of M. uol.ty. in) Whenever the Company trail McV. ntoupht any aell0n Or •htfrposed • 4aiente a 11P0u.r.10 Or oarredred by the provision, of tn, 00l4r. ON Company may Dorset arty war .1401,an to fine' dsino!iM1,on 0v a :Quit 0 Cunn,IMl Iu'a41Ct4On M0 elore111v '+serve the sight. in its sole Mailman t0 M01M trO1 91.e 779 j06 $Cendlasm bbd tKpilwwti (uMtltttled,Isd eeesdeded wo Lest Pap Id Tf4 psMs SUBSTITUTED ernerlcan title insurance cc Rate $ POLICY NO, -- 31-100042 SCHEDULE A Date of Pottcy November 15, 1988, 7 A. M. Amount of Insurance $ 2 , 4 00 , 000.0 0 1. Nafre at Insured ,I mEMVaaneensmi,.auieemra upreanne wim nmemdu� set mnh Mlami Crde. The apptiaatle tleclaion- Mmrmatw an me wornmemm�nn or a n Pre urn c haying e❑ryor ring<o renaera Deciaon. Related Commtttnent No. MIA.MI CHINESE COMMUNI CENTER, LTD., a Florida Limited P- tnerehip 2. Tht estate or interest in the land described herein And w Fee, Simple 3. The estate or interest ►eierreo to herein is at dal h is covered by thla policy sr of policy vested in: MIAtMI C. ::ESE COMMU:'ITY CENTER, LTD. a Flor'•a Limited Partnership 4, The land referred to in this policy Smoot Florida Lots 6, 7, 10. 11 and 3; at the Southeast corner thence run North 10 ft the East '65 ft. of Lo ft. of Lot 9, all it to the Plat thereo of , Dade County, F ed ;n the County of Dade end IS described as follows. nd the East 12.50 ft. of Lot 4; and beginning f Lot 3 run South 10 ft., thence run West 65 et. thence run East to the Point of Beginning: and 5; and the East 65 ft. of Lot 8; and the East 65 lock 6 of THIRD AMENDED MAP 4F MIRAMAR, according recorded in Plat Book 5, Page 4 of the Public Record r4da. 9]- 773/D7 A mla suenrteneeeswfieaoheaweel am 1 rrwdmcewbtmeliressefodhin y Mlemi Crde-Theapplira tledeciclon-rna rawewme mmrmaunn ar me wnus fie recommenaaeon or a final PZ-22-1 AMERICAN TITLE INSURANCE COMPANY Policy No. 31-100042 SCHEDULE B This policy does not insure against loss or'd -rage by reason of the following: 1. All assessments and taxes for the ear 1988 and all subsequent years. 2. Rights or claims of parties i possession not shown by the public records. 3. The following restrictions ontained in Plat, recorded in Plat Book 1, age 166, Plat Book 1, Page 187, Plat Book 2, age 69 and Plat Book 5, Page 4, which contain reverter clauses. "The Streets, Aven s, Drives, Boulevards, and Alleys are d=•icatad to the purchasers of lots, their •-irs and assigns, with the reservations t at no fish house or other unsightly bu ding of any nature shall be placed east f and in front of the width' of such streee shown upon the plat as the Freda, at the po .t where if the boundaries of same were pr-.. uced they would intersect with Biscay Bay." Covena running with the land, dated and filed Octo- r 8, 1980 In Official Records Book 10893, at :-.ge 2186 and rerecorded on October 9, 1980 in Of- cial Records Book 10894, Page 766 of the Pub- 1'c Records of Dade county, Florida, a copy of f which is attached hereto as Exhibit "A". Mortgage and security agreement dated March 10, 1983 given by Louis LaFontisee, as Trustee to Consolidated Bank, N. A., filed March 14, 1983 in Official Records Book 11724, Page 1472 of said Public Records securing the original principal amount of $1,600,000, as modified by First Modification of Note and Mortgage dated June 27, 1983, and as modified by Second Modification of Note and Mortgage dated August 30, 1985, and as modified by Third Modification of Note and Mort- gage dated May 29, 1986, which mortgage is subject to that certain Assumption Agreement dated November 10, 1988, filed November 13, 1988 in of- ficial Records Hook 13892, Page 677 of said Pub- 91-- '779 /Ott ,wing ty at gidonrentl era . Policy `:o. 31-100042 Thls subnrtal needsfo he scheduled tor in m accordance with ti elines set fo Mlami Code. The apptica tle tlecisio rewewtbe information at the pub' necommenmeon or lic Records, under which the said mortgage was assumed by Miami Chinese Community Center, Ltd , a Florida limited partnership, and by Isaac Shi and Joan Shih, his wife, as guarantors. 6. Financing Statement-UCC-1 executed by Lou LaFontisee, as Trustee, in favor of Cons i- dated Bank, N. A., filed March 14, 198', in Official Records Book 11724, Page 148: of said Public Records. 7. Collateral Assignment of Leases a Rents executed by Louis LaFontisee, as rustee, in favor of Consolidated Bank, N. filed March 14, 1988 in Official Rec ds Book 11724, Page 1491 of said Public Rec- de. 8. Covenant Running :with the -nd executed by Louis L. LaFontisee, Jr., in favor of City of Miami, relating to park g facilities in con- nection with the lease rom Louis L. La- Fontisee, as Trustee, o Zum Alten Fritz, dated August 21, 198 , filed August 22, 1934 in Official R- ords Book 12245, Page 1628 of said Publ Records, a copy of which is attached here - as Exhibit "8". �.e • Firancing Sta .3ent-t;CC-1 executed by :.lisabeth Ya .huha d/b,a gum Alten Fritz, in favor of ..outheast Bank, N. A., as to all restau ant and kitcnen equipment located or used the operation located on Lot 6, Block 6 •f the subject property, filed in off.ial Records Bork 132760, Page 1914 of as d Public Records •lution No. R-729-36 passed by the S and of County Commissioners of Dade County, Juno 17, 1986 entitled "Resolution Adopting The Method Set Forth In Section 197.363, Florida Statutes, For collecting The Special Assessments To Be Levied In the Spacial Assess- ment Project Area Known As the Extension Of The Downtown Component Of Metrorail (DCM) Project, If And When Such a Project Area Is Created By County Ordinance, So As To Enable Such Special Assessments To be Collected As Though They were Ad Valorbm Taxes" filed June 17, 1986 in Official Records Book 12923, Page 2618 of said Public:.Records. 11. Mortgage given by Miami Chinsse Community Center, Ltd., a Florida limited partnership, 9i,- to Louis LaFontisee, as Trustee, filed /03 elic nearing the ON of a king body will ring to render a I eeciaon. 779 Polio! No, 31-100042 mltafedstwbescned rn neetfortra 1 uorordanreoebtmednea wet forth' y MoistwatsenuMs at the recommendOran PZ-22- 01 November 14, 1988 in official Records Book 13892, Page 689 of the Public Records of Dada County, Florida, securing the ori• nal principal amount of $527,500.00, which m• tgage :was collaterally assigned by the owner - d holder thereto to Consolidated Bank, N A., pursuant to that Certain Collateral aignment dated November 10, 1988, filed Novea•er 14, 1988 in Official Records Bock 13892, Pa• 694 of said Public Records, and as reflected that certain security Agreement from Louis ontisee, Jr., as Trustee, in favor of Consol ated Bank, N.A., ;fated November 10, 1988, and led November 14, 1988. .2. LCC-t Financing Statement LaFontisee, as Trustee, Bank, N. A., filed Nove Records Book 13892, Pa cords. 13. ,:CC -I Financing St Chinese Community Limited partner Bank, N. A., f' corded in Off' 3f said Publ xecuted by Louis favor of Consolidated er 14, 1988 in Official 697 of said Public Re- enent executed by Miami Center, Ltd., a Florida ip, in favor of Consolidated ed November 14, 1988, and re- ial Records E:ok 13892, Page 684 C Records. c hewing e❑ty ct ing body will ringm render decision 91- 779 l/ 0 two •;! ;j. `.i 1?' R • •i ! a'3 • ti`h Ci. ti • • • •1 E. 4 W CUAM4Nft' AW11W` 111t91 Tilt: 1Niti letereas, EPIC 1101,MIC 4.1,44.. , the osiers of the fol lu. t rw ,lp:.et tl.e.) 1.r,; Farad At (tdt5•9e1xk : *Mitoner" also kr■«n as third ,vtn.eet as mended in plat. hook S, .It page 4 of We l'tsille bent! county, Plorid.t. Patel el "11At1 N.r. ith AVt•, ?tient, Flotida t:ttr••td Fluor This vbmiltd needs to be scheduled accordance win Inclines set Miami Coder he applloable dei restewmein"rmaeon in ire recommendation. Filer***, it is the intanticn of Ule said ITIC hOU!)ittC. sUrfatse parking lot on the Property dr••tsribsd above as Parcel A. tut the erking lot for this us(, end benefit of Paraal D. during terra of a lease by WIC 101.01t12 COPP. to tiontbse Cotporaial Co . for use of Parcel 1 as Airostautant) lemma, the City of Miami. Florida, as hoodlum for the issuance of a building permit for the use of Parcel , as a restaurant, has rtericstolt that an ouaront for perking facilittes tirRnted In favor of P.tran "D" on Pnrool "A", during Ile tone of trio loose ti'1C 110t1)1tG CORP. to Iiono'•1 Cumotciai Cori,. herewith, ;tie said J:7+IC MC'•:1NC :mi. r us the folltminn sainkrrnt as a tuwnrnt to tun with the 1 and r • That In ttonsidcratien of inseams of a building Resit to ►torte's Catnraelal Corp. wttn reeloct o Parcel D► en maroon is honswith granted In favor of Moot "it" duri Ace tone of tho law leas t?P1C I+Otblt+ti CCAP. 70 manes tlowneretel C^rp. , this oascrurt to run with the land and to to bLri.1uq tom the t. •:tp a 'ieLrs n.•d oa.1ej is cf the psstiu lart:t.0 so lany ru t1•c said iasuo t,o • -'n I•TtC ;^11MC CORP. :_41 ttmres Crsuz•rc1, 1 Cure. tha11 be In effort. Si ,r Id this tr:,.•n.v.t 1. tent :•...,t, 31ter:14to l.arkirxl wt11 bee provillod •1t.rlrq tl 1. an of tho r.11r1 1 :.•at, t.f Oak inn; dtt.4LIr•1, rr ;JAI dLAu.iu ord. IN? •�.S NA tI1 •• 1I" ,uR:• t' .v.•I ?my.;1;,•• 'n1'q not 111(•i1 I..u*I9 •n I 11A17 t1tt' d of, Or.dnr 1, l,ti0 a public bearing h in the Ciryrn -mean body will c hearing to render a Rnal decnon. -14439 /16/24 ranvul Ctur,ls of to utllL:s a 1 e WILIVAIWA ..* C ut i..041.4. j i r.jct 'r !4.r.'t.. ,rAl1 tit• rtrntlbA ttir/IY lr' IrVIC t 1tet...'14 OMSK t, SS 1:� n• Ir JII1g: (.slit tt� 'i1(1, i•t tit N'Nl. N ter •", M•••N • .•-•.•are •.,V. •. N ••�«. IUs•n 1KUP, uw1, • 111. t,t.• : .i•.. • ..•• certify th.(,t Is'rtert It. 1'o61, ev.:mis Is:flue• q• li.iv nu..1.4; 1010. • tretuy Public State ei Flrlti•lu . .1t lairds dolor• ov r:" , Y.•-•ti re„ tterri/a s.•• )rat J etttceredlemsrt tt EY1116CT-r--=� `91 r "7'79. • ••• «•• ••.••r. •• • . . 1(11 1NKIr F t". r •� • • IM ,t 1 SUBSTITUTED kti covrft ,T t+ur:n1NG tilru THE tenon What'll. Loot. L,'Larentisses as Trustee, ►repeety. tewi is 1'24 the Owher Ot the tollo.tito duler fate•% AI {Lot a, block 4 'Mira•at; aLso knern as third nnen.ted tt et Mlrataas, as recardad in plat. Dock S. at pays / df e Pablie records Dade County, rlertda. This submtlal needs. be scheduled for In accordance with tlmelinm setand Miami Cale. The englimbie decisi review the Information at the .1,1 recommend.. or Pauael Ss 1044 M.S. 4th Ave. t Miami. Florida Ground floor Whereas, tt is the intention at the said Louis L. Larontla s CI Trustee to utilise a surtaes, parking lot on the property dessri above se faeoel'A', ter the purposes et a park!-; lot for the us and benettt et tereel•i•, dtring the teem of a :ease by Louis L. Mitigate as Truitt* to Sllsabeth Yasanoha t+,•a/A tuoilltan rrtt% •c us♦ of Parcet'tl• mg a raetsutentt Ehetaas. the City et Ml.•/, rieride , as a eendlt •n for the tssusneo of a certificate of v.s for the use of Parcel '• , as a 40 seat rant• ' mutants hie raquss•sd that an easement for par nq facilities Is granted [n favor et pare.: •a` on Parcel °A'. during • tars of the said Ism • • by Louis t ts.'ottiasee as !rusts. to Zonal n rrita herewitha The said Louis L. ?.arontlssss as Teueteo es the tollewing alra.Mnt • as a 00v66601t to run with tits lands The% In eenatder.atton ot the timpani• o is certificate of use to funalt'st Frits with respect to Parcel 's an easement is herewith granted la fever ot P.rast 's• durt the tore of the acid lease trot Louie L. Wenttasee'as Trustee to !ten pelts . Whig v6666066 to run with the land end !a be binding u the respective heirs and assigns of the Plastics before to long as • said lease beeves* Leine L. Larontsat•• as Treeless and Swells* rrit* all be in effect. should this; coot...". beeeea veld. alternate parkin • wt11 be provided during the turn 01 t sold tease, a waiver t•i par obtained, or use diacontanoml. Thle convening supetcedes hats covenant laced October a, Me sae giving tp1e Melding rp. in conn.ctioA with a leans for a restaurant at !steel 'd• above. w11e:h said tease wee terminated by the parties. to 1t3Tttt$$ tnitttpO he undersigned have hereunto set their hands .na seals this day • August 21. lett •y• •...e.t.114•.w *meet inertia .t gait tp11 • SS ages, wok Mil instrument was achnot.ladted Vetere me thlta 7 Louie L. Latot3fLees. Jr> se ?motet. Cary a, eta e My costtss.tell eapiree • Wore w•r.#!•inatnow MGial m•7.►••K3•.A:aNU • Lsi--•77s ;XNIBIT.� tt t; 1'. Mc hearing the City of eking hotly Mt wing to renders 14:2. t PUB&/ o SUBSTITUTED IC0nd1tgnl and S1*1efatl0ft$ COnIMued end Centilitres' FeeM Plve►M SW el Poky Fa Inv idverN ludan••flt or Order. toil In NI cI$$ wino. MN 001iCv parmltt 0t man Ifte COmr ifte 10 orm.tute nrbwAte 10, the OeflInte Of !fly 100 1 G• Iir0C1e01ng. the •etutllit hateuntir shall att./fa 10 'Mt C3M1ttry the rant tat 10 D,0lecutl .r pr0y,de detente in kith *then► or 1:'oCNd•no. inn tit woos th►r0•n. writ, yNm:, thy Company tin ale, at it • oot10tt, iM name Of Sloth u,ou?M for tuth Ou/00W. Whiney*, reonwit1 by lh0 CVmperty, wen Insured shell g.vf the Colnuony 011 ,eaten. ablR Ma sin My such Wen err O/OOt:eding, in ,U.tttna tftl.am*nt, .:Cur11q c.tCehce nbtun. ,rib wltrt*NM, 0r OMtecu!Ir 1 01 Olte0Jiel 1,,:'• ac11On Ot Ot%eeedlnq, and the COmtsanv lhel' ,e th0UlIV ouch rnlW•d to► env evpM,ie so .nevtrud. 4. NOTICE OF LOSS - LUM,TIstlON OP ACTION In addition '0 the riot,,*, •ftuesto •nd*r parebteoh Elul of :nose Car',tn•ons ono *boo.. lion$. a itflamMn at iodate; 4? op, tete of dYnebo lot tMheti •t it efaun/! the Ct mit.nr to bible sande, 10.11:r01•C'. OW Of 'urngl•e0 '3 1'•e Cofipenv *link, 90 dart airier such lots Jr Jameal p/1t1 hay often t!0Nernanut; one O r bete 01 atttnn theft Revue to an mitotic, CI1..'lant maul 30 nevi aflit such atetterfefl the 1 Meru Neel fuu .shed. eMs;,ir •o f...••••tn t:.tt• tit,.• meet 01 I0ia or camat,. ,halt 'cfn..nete ary t,tb•Gty 01 the Contumely .i••u:r :hit ;,Orley as W such lost of dynode. e. OPTIONS TO PAY OP OTell PWISI SETTLE CLAIMS The COMWny t: i,. hay.. •11 '.. .w1'•] .:av Vt`.er*•ta mime r• t 3, •fly .a•.•.• .)t ri.. n.s.rero C foment 11'•y isarnl • 'h'e.t M1y••'1' J. terminate 311 I'30.1.1y a..° 31$...1,,- O'1 I the CaI^0a'"1 ''srewtuy' "'II Vitt rill '+f :ih.Il..he Jav'nent . I the ;m0u'.r Of Inc,,I*••:e .rn.v Ih t .t0ltty lo9ethar vvtth rty Cos!:. 1ll4•'iit tell !rid *spent,, insulter .1C :O In* l'+te 01 tuft` OflYntvnt 0. Is000' 01 pwh'••it 0, it e •nwr1 C,atm$nl anti author sea by •he tatmdal•y 4. OEt!PMItaATION AND PAYMENT OF LOSS Ili Tote - •i*d't, 1...0, I 00144 matt n 1o:ass :a:10 t:,L to lot is► the K',.e'. 1014 01 I•'e ,t•II Chinn. Ent: 01 :no •eta i.hO4ns ct ••11 one.: itenau ••, Se.*Jv'r A tut Tne Coouen, wdl v. in 400" , n 10 env toll •:.WrI0 ege.hof h 111sa Onb;r. el, :Ost. •mo13110 WOO am .nwt h 1:tspast0n tarred o•' by the COnt011W los A mashed. an/1 in Cosa, attOtnevi' INS and a W$1A Ii1l 000A N+hei On by such Im,lor .m the we,tten WINO, tM ',Cot Of Ina COm0 y eel when 1 •1:ity hat betel do.I.e.,y f,aed n bCCOrd4M1 .rill' ;he eflydl;lonl of trio Oouty, tntr luu ,,, demo* "'Ni h1 nayabis. *foul 1O days Chytealier. 7. LIMITATION OP 1.1ASILITY NO etaim theft- onto 0t be meintat0lble unbar tem O01.ty t11 if the ConMlfW ally hevny emitted haute Of an a11ebee 0Hett. hew Or aor,'nbt1M. ,nW:frl avows, harwndtl, by .1 pa6M1 of eth••*toe, •erno•st ugh defect, n.;n Ot l VlnhrMlt:0 Or 11111041114,1 11N '111e, 10 Moore!, *,tn•n i ,e7,Onatry trine altar feCclot pl Weft Mr3t.1:1 111, ,n the Wen, 01 :.t.4/NOn un1,. ,half "at noon 1 1,n11 detterminttion fly a Cnn,t lot 0M110$teht 1ur•S0,0110n, Arta 44001.11 • ]l M. ,Ipnthil thorflrpm a(Iv*(Ie 10 shy hfle •whitell, as Dru•,OCA ,n Data/pion 3'tired. Or ICI t'.• l,an.t.r, rolunteray atMsmed an ,MU,M7 ,., W;,,.ny Jnr ::J,T 01 turf thou' tl,•Or *r,11.1 CO,lt.l.t of the COmpeny e AEOUC'ION OF LIAYILiTV 411 MY.nentt ••'eer trine 1. YI^1nit •na lv In, t 4N1, it 440'l'tet, tl.,ut •*}1il'e *tip ,.a,,rincu It') 1.0110 44 131 M,ir.Xll .)rMu.m2 7.1411 p ,It SNet 31'r'lrrlt uM J*NrnyOJ. .r. .tn.Cn ,:4tlfuCt .1a. tot•, lit;, vn ;11 Ina i Mr •t r, incept fey$' fees 1110 amount of the $00t shell be moo Cv for Md0rstmenl the 00110V he lad Or wont of Such toe of furnµhed to the Wee nY 9 LIAAILITy ONCiJMVLATIVE et 1 •w:"r 11'Y ..,s0ei11.t00 Mat ent0unt a! •tW'unC ..•'yet 1..♦ trOIICV 11111.' , yaucW » Env • u,et t c t.•1.%•vanr r•,r' :tv ode► arts 1 3 r •'tut•`I: v t••.t :.)I a MO" •see M^tin .or •ell, •..1 ,p ••, SC',''14.e 9 h0'• ..• t••1 .1 1 qtn 1•.• .. Jr :111t DO% v, ;.• I:•' , ^t.vs.,lya n.'er'et I•.'::4lM Uy ••t•NaJ :+!•a't •1 , :1a 1C Or s.tlt qn the tit. '1r •Ia r•:• :11t1t' Osn .s riff,''.; 10 :n 5ltnec,ult A, a' J "Ia 1:h00.111t Sid 000 t'YU bt •,ft,i,ed a , . '.,,it •mite• •t:-v .O"•Cy The �4m3a.w i 4,l ••wit •I.1: •1te1,,t.1 to *Ant, 4314.4e ,.di 00 l 01 env •..0't -•1 •11'39PI art 4'1Wnl *nit 01h.,0,.se •c:..0,1 Jos rr. a:* i. 'ioft1Mlt to thf •,loser/e! •.1Yrr't• Ir'f .•♦!ale •)I •n'a/N; Wolfe' UV ••• MtherLiel tat Oa1ti :1'e,1 De J0••.1140 a ,. a. •nM1 elder t►1.I DGI'rr to suet ntl4rit1 .;,r..•vr 10 A►PORTIJn01EdT 1 tot Ia,•u ur1:..•a0 •h ,!;..tittle A 401•Sats Q. :aft or nv+••• .,ur•ts r. 1 :n .ire net t•tsd et it 5 ..�.. s.le, ,n1 11v.t •1 •'.'.u,,t'rati at fats a1 Oh. n, .r•4-e of tern° O1ICrf lu ll not all, the last snail tar • bmoutIJ ,. o',often on a Ord •stir Oat•, a1 it tot atm*K.nr of into,Mee undo thta Oa1KY was d.v.Jud Otu tate at to the welt.! On 011e Of Ool,tr ut too Sv0Mate ONC!1 to the w1130. e;Ch.lsYt• 0f any .IOUroyfor Mf1 INIde sub. %tauens f3 dal• 'f' POI vn'rs, a habdity Os vt'u/ het wherry ugh p reel by 1 the Whit Of t snows by en In00rNmen 1 NOTIC This submlial needs. be scheduled for In ecaorbance with tlmein. set. Miami Cale. The applicable decisi review the Information at the pouf recommend.. or PZ-22 0 Plc bearing the Clty of eking hotly Mt wing to render declaim 4439 Y� Q VIEW 'CO' 6/24 Oh aq•0od upon 1t to Co*oenv and trio ,tit., ssuance 0, thi OOt•ey ortta tyteenont h0rem o : teemed heraf0. 11. Su OGATION UPON PAYMENT SETTL!MINT *heyet the Company ,halt rib• tat!• under this Dol•CY. IIt tint of 1413r001 • h vete .n the CvmD/fly unalleete0 by 1 of the insured claimant, The C3mowty be 1v0'Ogetld 10 end be 1ni111e0 l0 ah ant) •coed,$ 4.111Ch Nth •Mluted CH.,' We0u10 saw fled aliment any person Or 01068, •1 rv$l1101 10 t100 11e1,1 heat 1h,1 00111 then t/we0. end 1t renu$led 0y the Cathy loch .nlurvd Ciafinent oleo tr/neler to Com0N0Y 11l r,a ll; end 'emedte/ paltrier OHIO0 or pt00arty 000*11 ry to order to oar such tight Of Iubt04Sp0tt end ow oateei1 Company 10 OM the name 0f Wen .••t, C1a•rhanl in IRV lfS0tal101104 0f tflalta0n yenning such aleph Or rlfhWiel. if the per 000a 001 cower the too Ot s.4*1 snout.° !.1 ant, tee Coma10v that bl lutebeat d tat t rrt)hta and r0medl4 in Me OfoOett10n ,hr tatd 01veMAt beers to that *haunt 01 SI'O • If Ioµ imputes result from any act of e ,nwred tlatment, sloth eat ,halo not .o,d °obey. but the Compeers. In 'het event. trap leta.red tat pW Only that pert 01 any not %mute4 sealhat Mrsgnder which what eat the am0011, .1 any, felt to the Comport, reason of the •rrina•rntlm ct the , ;1t I00t J01t1on. ♦ 12. LIASiUTV L*MITEO TO TM1s tt0t/C Th,t .nst7Nme^t together M t1 al• !n•'i mesh, and 01110• .1.11110"Intt, •' any eta: neMDY by the COm7any ,t the tnh'e 001•Cv *•Nt,,aCI oetw00n the ensured end the Z. pan Any c+1.0101 1011 01 dloaae, *het,II, 0' intro 0n netl'•gan1a. and .M.0n ar.N/ Out 1' USW. Of the ,oleo tat 1hf estate O' his cabe'ed I'ltpbr ;r any bet on snorting 1 Clatt1. yma.i be •Ott, Kl1d to the 010v•/10nt cant:nouns and tti0vlations of tit polity. No emersontint of Or indorsement :o ool.ev can be mode 1*Copt b•i *film() ego, herf00 Of 1118Ch1/0 t•eret0 s.enea by e•Iner '101,dan1, a '!aft ft;l 1100t 'he '3 C1►II'.. 4tetstent S.CtetMv. or vasdefile lie! Coy satnor/etd s.anelOrr 11 the Cotn0Onv 13. NOTICIE. WI11ERE SENT All AO0'CS$ raoutre0 10 be "ven the 0My IrtO My IAtfrnont .n *r,tfna robust.° Ire tutn,Iha the Comony shelf D1 odd essep •t ea'tl name :Mc* ► 0 BeiOt.3002. Mae, FlOr*Jet 33/01. //3 97- 779 SUBSTITUTED 1[ M00f� CCtASHIER'S CHECK Ott MftYMtt IkI.J U 4E 1 { li �►tirA R• k/�KiO OA �IfF �� /� C�'`� C 1{�.N"'ATED BANK • mower ow !r. • HAWK ruAloA x1013 00 i 13664 40670010 • • • 800 600004 98 a.• NOTICE Thlssu..st needs to ...sled fora p accordance wits anteres set forth Karel Lode. The app.. decfslon- restewiM1einformetionetthe pub,c recommendation or a nn. PZ-22- env of na eoey log to render a acid nre 439 06-21366 06S22929 !.aac shin Nov 10A__ 10 aa. $ ****51 619 614 orestlimermeem ...vt,eloniZEO sec► T 9'i - '7'7 9 O WA ►a••►... ideruci�� W A cog t1101� al ton w bi Win Ni ta6i CO 0 ,1 Wp.v�s. •wn 51 • ii1K.EA►LKO��� 9006572926 1 asc Shin • I =9•• - Y to i ej t! - Die/ t TICOR TITLE Uwe bug t -• s -?1 1r Cis f tAlbdtd 051t4 1 iu ,. c. • I,I • ,t • • Ott > � TICOR INSURANCE Ile hearing the city of Minn body well ring to renders declaim Thlssubmktal needs m Ee schedded for In chord ence ti reclines set fort Ken Lobe. The applita be decision resnewihe information et the pubh recornmendatlonor PZ-22- SUBJECT TO THE EXCLUSIONS FROM COVERAQE, THE EXCEPTIONS CONTAINED IN SCHE LE 0 AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE OMPANY (a Stock Company): a California corporation, herein called the Company, insures, es of Date of Policy sho Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, atter ys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the in - red by reason of; 1. Title to the estate or interest described in Scheduler A being vested otherwise than stated thereon; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarkelabi lty of such title; This policy Shall not be valid or binding until countersigned below by a :ldating signatory of the Company. Coontsrala Ey `. A. Golden GOLDEN. P.A. Vnlydehng Signatory TICOR TITLE INSURANCE COMPANY By+a, 47r4u_ President Attest a w.•— Secretary TO 1010.1111471A000820 Li Tao 0100000.0rr00, hNq p 11.1010 IrU.!w 1o.17.?m 91- 775 l/7 CAT. OM OM 110 ...�.,vw411C Vi 1 xcIustons f The following matters are esly excluded from the coverage of thiTrpoilcy: 1. Any law, ordinance or go. Emmental regulation (including but not limited to building restricting or regulating or prohibiting the occupancy, use or enjoyment of the and, or re dtmenstons Or tooatlon Of any lmprovment now or hereafter erected on the land, or proh ownership Or reduction In the dimensions or area of the land, or the effect of any violatl ordinance or governmental regulation, 2, plants of eminent domain or governmental rights of police power unless notice of the exerci appears in the public records at Date of Policy, 3. Defects, Ilene, encumbrances, adverse claims, or other matters (a) created, suffered, assumed insured claimant; (b) not known to the Company and not shown by the public records but k claimant either at Date of Policy or at the date such claimant acquired an estate or interest ins not disclosed In writing by the Insured claimant to the Company prior to the date such insur Insured hereunder; c) resuitIng In no loss or damage to the insured claimant; (d) attachin Date of Policy; or (e) resulting in loss or damage which would not have been sustained i paid value for the estate or interest insured by this policy, 1. Definition of Terms The following terms when used in this policy mean; (a) "Insured"; the insured named in Schedule A. and, subject to any rights or defenses the Company may have had against the named Insured, those who succeed to the interest of such insured by operation of law as distin- guished from purchase including, but not Limited to, heirs. distributes*, devisees, survivors, personal representa- tives, next of kin, or corporate or fiduciary successors. () "Insured ncurge d claimant": an insured claiming loss or r. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by treason of any public records. proly (dam!in ll etA a� med veem fits affixedbthere!er - which by law constitute real provided, howev , de the term "land" does not u any property bey. liners of the area specifically described or reterr • o in Schedule A, nor any right, tide, interest, estate • ease- ment in abutting streets, roads, avenues. al , lanes, ways or waterways, but nothing herein she modify or !knit the extent to which a right al access to • from the land is insured by this policy. (e) "mortgage": mortgage, deed of tru , trust deed, or otim security instrument. (f) "public records": those records loin by taw impart constructive notice of matters re . to said land. 2. . Continuation of imams Conveyance of The coverage of this policy continueIn force as of Dale of PPolicy in favor a insure a tong as such insured retains an estate interest in pie land, or holds an indebtedness se red by a purchase money moftgags Pen by a - from such Iilitypn�sured. or so long u such OW hawof covenantee, warr t' made by Such iabnsured in any t�ranss fer or OOnvsy of Nth "state or intsreet; provided. however, this . • shall not continue in force in favor of any from such of Utter said estate or interest c+r 1 indebtedness Hsutured by a purchase moray • • given t0 such insured. S. and Prosecution of Aatlons — Notice of to be Given by an insured Ciabnsnt • COmpartyue • shah e ids for the defense insuredI& Its own coat and without in This submtlal needs. be scheduled far in accordance wilM1!men® set. Mimi Cale. The applicable becisi review the Information at the pubf recommengallon or do hearing the Clty o king body veil ari gto render deciaon. agreed to by the wn to the Insured d by thus policy and claimant became en created subsequent to e insured claimant had Cond 1 • ns and Stipulations litigation cone ting of actions or proceedings com- menced aga t such insured, or a defense interposed against an ured in an action to enforce a contract for a sale of tin :: state or interest in said land, to the extent that such lit lion is founded upon an alleged detect, lien, encu •ranee, or other matter insured against by this Poi. (b he insured shall notify the Company promptly in ttng (i) in case any action or proceeding is begun or efense is interposed as set forth in (a) above, (il) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (111) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prefudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prsiudice. (c) The Company shall have the right at its own coat to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable t0 establish the title to the estate or interest as insured, and the Company may take any appropnats action under the terms of this policy, whether or not it shall be liable thereunder, and shall not �'reyby concede liability or waive any provision of this (d) Whenever the Company shall have brought any ac- tion or interproseed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to find determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judg- ment or order. ((e) In all cans where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure t0 the Company the right to a prosecute or provide defense in such action or proceeding, and all appeals therein, am! permit the Company to use, at its option, the name of such insured for such purpose. Whenever re - (Conditions and Stipulations Continued and Concluded on Lass Page of this Policy) 4 779 f/8 Number OWNERS 09-180002 1. Name of Insured: MUNI CHHINESE COMMUNITY CENTER, LTD., a Florida Limited Part rahip 2. Title to the estate or interest covered by this policy at the date her - . f is vested in the insured . Ahlismotmeginir nab« of Polity $233 00.00 3120 pass 0 e_ _ •,,,,, Jantaary 12, 1989 Thlssubmktal needs m he schetliled for In accord sncewil rneiines set fort Kam Loge. The applitatle decision rexew the information at the cutlet recommerdadonor a PZ-22- Gc hearing the City of king bogy render ring to rend,rera 3. The estate pr interest in the land described or referred to in th' . Schedule covered by this policy is Fee Simple. 4. The land referred to in this policy is located i he County of Dada State of Florida and descr - d as follows: Lot 12, in a •ck 6 of MIRAMAR, according to the Plat there • , recorded in Plat Book 3, at Page 4 of the blic Records of Dade County, Florida. TNq roues is loam nu.. o. •.u..... _ . 91- 779 // SUBSTITUTED Polley NO, 09..180002 taw eimmeleeeeeimilemethe some noes.. This policy does not insure against loss or damage by reason of the following; STANDARD EXCEPTIONS: (81 (b) (c) (W Easements, or claims of easements, not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which survey or inspection of the premises. Gc hearing the City of king belly veil ring to render decilitre. NOTICE This submittal needs m he ache&led for In accord enrewilh timelines set tort Mena Lode. The applire be decision Femme the information at the pubg recornmebauonor a PZ-22- ould be disclosed by an accurate r,..�_�•. P. c• t•,, .•VI IP •, #.-: .,♦t..••#0• .,r, r-', •• -t 1•,1 -.•a•:,' II. +ut-•,♦••r„•,. •♦t r.•• ••. ,. ►,►•it txxlasExEMODMELTEDEMSEREEEK 11110X 11XONOWIRO SERIOMMECOMOODOIXERIMLEEMILIMERXXXNELC SPECIAL EXC ON& y• Taxes for the year 1989 and subsequent 1 t,••• •:._!.,.r.v•, r.• 4.,e.,.0 1• •',• t•a••••/ v 'ru ,v; ♦z' $ 2. Covenants, conditions, raatrictions, assents, terse and other provisions shown on the Plat MIRAMAR SUBDIVISION, as re •rded in Plat Book 5, at Page 4 of the Public Records of Dada County, Florida. 3. Mortgage from Masi Chinese C Intaraaarican Engineering Co amount of $170,000.00 rotor Page 427 of the Public Rat nity Center, Ltd., a Florida Limited Partnership to ration dated January 12, 1989 in the original principal on January 12, 1989 in Official Records Book 13960, at of Dade County, Florida. 91 779 420 _ .. .,,l,.ulauons Continued end Concluced from qu•sred ay the Company, insured shah give the Company ail reasonable aid ... ny such action or pro- ceeding, in effecting settlement, securing evidence, ob- taining wttnessss, or prosecuting or defending such ac- tion or proceeding, and the Company shell reimburse such insured for any expense so incurred. 4. Notice of Loss — Limitation of Action In addition to the notices required under paragraph 3 (b) of these Conditions and Stipulations, a statement in writ- ing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such lose or damage shall have been determined and no right of action shall accrue to en insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or Otherwls Settle Claims The Company shall have the option 10 pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering pay - mint of the amount of insurance under this policy —i together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by'he insured claimant and authonzed by the Company. 0. Detsrminstlon end Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: i) the actual foes of the insured claimant; or ii) the amount of nsurance stated In Schedule A. b) The Company will pay, in addition to any toss insu against by this policy, all costs imposed upon an incur in litigation carried on by the Company for such ins and all costs, attorneys' fees and expenses in tit tion carried on by such insured with the written a • nation of the Company. (c) When liability has been definitely fixed in - ordance with the conditions of this policy. the loss or - mage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainabi ndsr this policy (a) if the Company, after having - ived notice of an alleged defect, lien or encumb I insured against hereunder, by litigation or othe sae, removes such de- tect, lien or encumbrance or abtishes the title, as in• sured, within a reasonable me after receipt of such notice; (b) in the event of tit , until there has been a final determination by a co ' of competent jurisdiction, and disposition of all therefrom, adverse to the tins, as insured, as pro in paragraph 3 hereof; or (c) for liability vol only assumed by an insured in set- tling y aim uit without prior written consent of the Compana. Red o1 Liability Ail paynse s under this policy, ergot payments made for costs %arroyo' fees and expenses, shall reduce the the insurance pro tanto. No psymsnt shalt be ping this policy for endorsement of case proof of suucch ass oOrr � shaii'be' to the satisfaction of the Company. It Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a Pevsrse SA, .of Policy Face) mortgsr shown or referr which is a Nen on the estats policy,.Or (b) a mortgage sured which is a charms or described or referred 10 In so paid shall be deemed • pe mentpany shalt have the option would anypss such mortgages estate or inteereesstl virsd by hereunder to so paid shalt be deemed a said ensured owner. 10. !f ten dsNodule in - dule A consists of two o more parests which not used es a single site, and I loss is established • Ing one or more of said parcel" but not ail, the toss be computed and settled on a prc rata basis ae if t mount of insurance under this policy was divided • • as to the value on Date of Policy of each separs reel to the whole, exclusive of any Im- Orevements ode subsequent to gate of Policy, unities a liability or • hat otherwise been a reed upon as to each s parcel by the Company and the insured at the time o issuance of this policy and shown by an expr . s statement herein or by an endorsement attached he o. This sobmtlal neeaam be scheduled in accordance ,pp1! relines s applim reviser Cale. The ble d- ' the Information at the recommendaton n _ PZ- a public bearing man the Lily of •king body oil c bearing to render a final decision. unt that otherwiai ns ursd owner of di policy this policy ttcy honevSt*roption upon Payment or isttliment No tented a claim this policy ail right assubrogationny shallealta3 vest In thhs uCom- pany unaffected by any act of the insured claimant, The Company shah be s�ogated to and be entitled to ail rights and remedies cc such insi id c4ahnant would have had apOinst any person or property in respect to such claim hod this policy not been issued, and It re - guested by the Company. such Insured claimant shall transfer t0 the Company all rights and remedies Against any��person or propsry necessshall ary in order to peffsc such thhenaame such inc4 subrogation sured des nnatint any trathe nsaction o• litigation involving such rights or remedies. if the payment does not cover the loss of such insured claimant, the Company shah be n tad to such rights and rem - tidies In the inwhich said payment bears t0 the amount of saidaase. tf toss should result from any act of such insured clafmant, welt act shots not void this policy, but the Company. in that event. shell be required to pay only thaichsht part of aNany insured against hereunder Corn- ny by reason of the impairment off t she ried the amount, if a, ght of ssuubroga- 12. Liability Limited to this Policy 'mules msntrums}t together with all endorsements and other any, attached hereto by the Company is tthhee endC pnssypolicy. and contract between the insured and Any claim of loss or damage, whether or not based on , and which arises out of the status of the mie to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions end conditions and stipulations of this p01. icy. No smendrnent of or endorsement to thin policy can be made except by writing endorsed hereon or attached hereto signed by sillier tine President, a Vice President. the Secretary, an Assistant Secretary, or validating clo- che or.augtorizsd signatory of the 13. Notion, When lent All nodose required to be given the Company and any statement in writing required to be furnished the Corn - parry shads include Iles number of Ns pobllcy and shall be addressed fa its Principal OMloe, Claims Department, 6300 Wilshire Boulevard, P.O.9ox 92702, Los �a), California 00009. •uy SUBSTITUTED S 'SO 16:56 0000 PHOEBE PEALT't' ��10k UBL,c 4 P,n. fi :.�` NOTICE Q. TEL=1=-601-.-14 • This su tenth' neeasto be scheduled for in accordance wilt h meline., net foe, Miami Lode. The applicable oleeisio retie- the Information at the pular� recommendation or a . . PZ-22 'c tiering the city of a king body will ring to render a deciaon '9 0 6/24 �+rrevr c0,/ON' — TITLE INSURANCE COMPANY COMMITMENT National Attorneys' Title Insuranc fa ��ATIO\PL yATTOR\EVS' COMMITMENT TO INSURE Company orporation of New York, nerein called its to issue its policy or policies of title roposed Insured named in Schedule A. as hereby in the land described or referred to uses A and 8 and to the Conditions and NATIONAL ATTORNEYS' TITLE INSURANCE COMPANY, the Company. for a valuable consideration. hereby co insurance. as identified in. Schedule A in favor of the owner or mortgagee or the estate or interest cover in Schedule A subject to the provisions of Sc Stipulations hereof. This Commitment shall be effective only amount of the policy or policies committ Company, either at the time of the • a en the identity of the proposed Insured and the for have been inserted in Schedule A hereof by the e of this Commitment or by subsequent endorsement t0 issuance of such polity or policies of title insurance and all .II cease and terminate six months after the effective date • icles committed for shall issue. whichever first occurs. provided Cy or policies is not the fault of the Company This Commitment is preliminary liability and obligations hereunder hereof or whenthe polity, or that the failure to issue such In Warless W ,ereof. NAT(' mitment to be signed ` .• the Commitment to Commitment . • •• ATTORNEYS' TITLE INSURANCE COMPANY has caused this Com- sealed as of the effective dare of Commitment shown in Schedule A, walid when countersigned by an authorized signatory o.FIC--71818 sit' SEAL By National Attorneys' Tide Insurance Company Countersigned Chars s 1 Kovalesks I dent is-�-' . iced. tficetor went .. 779 NOTICE This submtlal needs. be sobecluMa far in accordance withtlmelines set. Miami Code. The erotica He tlxi9 rMew. Information at the pubf recommend. on or SUBSTITUTED Standard Exception for Owner's Polley The owner's policy wul be subject td the mortgage. if any, noted under Rem of Secto of Schedule 8 hereof and to the following exceptions' (It taxes or special assessments which re not shown as existing liens oy the public records, (21 rIghu or claims of parties in possession .t snows by the public records; (31 encroachments, overlaps. boundary Ire disputes. and any m ers which would be disclosed by an accurate survey and inspection of the premises: (4) easemen or claims of easements, not shown by the public records, 15) any lien, or right to a lien, for s ties. labor, or material heretofore or hereafter furnished, imposed by law and not shown by the pu' 'c records Note for Lender Unless otherwise stated in Schedule 8.2 hereof, no restriction on suDjea p •perty was filed for record subsequent to February IS.1950, prohibiting sate or occupancy on the ba of race. Color Or Creed Conditions and Sdpulado The term "mortgage.'' wrien used herein, shall include de instrument. of trust, trust deed, or other setunty 2. If the proposed Insured has or acquires actual • ledge of any defect lien, encumbrance. adverse clam or other matter affecting the estate • interest or mortgage thereon covered by this Commitment other than those shown in Sc • le 8 hereof. and shalt fait to disclose sucn knowledge to the Company in writing. the Copany shalt be relieved from Irabn,ry for any toss or damage resulting from any act of reliance eon to the extent the Company is prejudiced by failure to so disclose such knowledge. If proposed Insured shall disclose such knowledge to the Company, or if the Company otherw acquires actual knowledge of any such defect, teen. encumbrance. adverse claim or other er. the Company at its option may amend Schedule 8 of this Commitment accordingly. • such amendment shall not relieve the Company from liability previously incurred pursuant • paragraph 3 of these Conditions and Stipulations. 3. Liability of the .Company under is Commitment shall be only to the named proposed Insured and such parties included or • the definition of Insured in the form of policy or policies committed for aid only for 1osS incun d m reliance hereon in undertaking in good faith lal to comply with the • • hereof, or (DI to eliminate exceptions shown in Schedule 8. or (c) to acquire orcre the estate or interest or. mortgage thereon covered by this Commit- ment. In no event such liability exceed the amount stated in Schedule A for me policy or policies committed f -' and such liability ib subject to the insunng provisions and the Conditions and Stipulations 0 form of policy or policies committed for in favor of the proposed Insured witch are incorporated by reference and are made a part of this Commitment except as expfessiy mod' • herein. 4 Myatt dais inst pv or actions or rights Of action that the proposed Insured may have or may bring Company arising out of the status of the tide to the.estate or interesror the status of gage thereon covered by this Commitment must be based on and are subject to the of this Commitment 91- 779 he bearing Me City of king hotly sell acing to render • i. w w v fer .1 IIIINNTIONAL ATTORNEYS' COMPANY Commitment Bertram OAloec 111ChenmStreet •P.O ibc511 White Plain. W 10602 Ronda &anrh OAioa 32 W Gore Sleet • p 0 Eta 1913 Orlando. FL 32102 Norman Land Tide Association Camrtmcsnt - .9166 Revision ,44 SUBSTITUTED COM miteent No.0: F1 C 71818 COMMITMENT FORM SCHEDULE A Effective Date: 10/26/88 • 2:30 P.M. Member's Pile No.: 02•Na This submittal needs. to scheduled in accordance wilt timelines set t Miami C.a.The sedans hie dec. restewihelnbnnation at the pu recommendation or PZ-2 1. Policy or Policies to be issued: Proposed Aa:o nt of Insurance: OWNER'S: S375,Or1.00 Propped Insured: MIAMI CHINES! COMMUNITY A FleridaLitnitdd Itirtratthip MORTGAGEE: 1262,300.00 Proposed Insured: CITICORP SAVINGS OF FLORIDA, AND/ ITS ASSIGNS 2. The estate or interest in the lend described or referred to in this coaaitsent is a fee staple (ifo er, soecifr sane) end title ' therto is et the effedtivo date hereof veste in: CITICOR� SAVINGS OF FLO •A,A FEDERAL SAVINGS & LOAN ASSOC, CENTER, LTD. LOT-.13 and tile; East MIRAMAR,`**cordino 4, of the Public COLONIAL 4600.N MtANt f MEMt this ooaaitaent is described es follows: feet of Lot 14. in Block 6, of THIRD AMENDED MAP OF o_the Plat thereof, as recorded in Plat Book 5. at Page cords of Dade County, Florida, ITLE 8 TRUST CO. bard -TERRACE, SUITE GIS LORIDA 33166 - NO: LULL Oscar la do, Esquire pueuc heamq in the City of making body will I hearing to render al aeclaon. 16/24 have :been paid. ills sabnrlal needs.. SChedided tor in accordance with ti melines set fo Mlami Code. The apptica tle Eecisio rewewtbe Information at the pub' necommenmeon or COMMITMENT FORM ecHEDULE e1 Commitment No.I;.,, F1 C Hale Member's File No.N:. 10.02-8$ the following srr, the requirements to be complied 1, Peynent of the full consideration the grantors or mortgagors. with: to, or for a account of, 2. Instruments cresting the estate or int est to be insured which must be executed, delivered end filed for *cord: 3. Execution, delivery and recording %CITICORP SAVINGS OF FLORIOA,A FEDERAL SAV � INESE COMMUNITY CENTER, LTD. +/ubJect property. *F'/K/A IITECPSTE FERAL t. Mortgage to be executed by LTD. to CITICORP SAVING ncumbering subject property in t a Warranty Geed from GS & LOAN ASSOC* to MIAMI conveying title to the ADD ION A I AMI CHINESE COMMUNITY CENTER, OF FLORIDA, ANO/OR ITS ASSIGNS, e principal sum of 8262,500.00. S. Proof that Miami Chin e Community Center, Ltd, a Florida mited partnership, is rem tered with the Secretary of State. A copy of the Partnership Al agent must be provided. • 6. Affidavit is required showing that MIAMI CHINATOWN DEVELOPMENT comb,. FLORIDA CORPORATION,is the only entity •' interested es pertne in the partnership, MIAMI CHINESE COMMUNITY CENTER, LTD.,'A FLIpA LIMITED PARTNERSHIP, and that it approves the 'conveyance -or enO bPan0e of partnership property. • 7..Sattsf otorr evidence showing MIAMI CHINATOWN DEVELOPMENT u'CORP; a`-FLO DA corporation, in good standing. •`$. P of and/or proper resolutions must be furnished that MIAMI HINE$t MMUNITY CENTER, LTD, A FLORIDA '.LIMITED PARTNRNSHIP. duly Beni d end in good Standing, by its Charter is not prohibited trod quiring and/or encumbering real property. 9. Affidavit executed by grantors that there are no claims nding and unpaid which constitute a Tien against the subject perty. 10, Evidence that City/County taxes for the year MI hove been Paid. .. 91- 779 11. Evidence that City/County Special Assessment Liens, if a/ny. eiic hewing the ON of a king body will ring to render a I eeciaon. SUBSTITUTED 12. NOtioe 01 State Tex Lien recorded to O,R. Book 130115, Page 1867► Of the Pubiio Records of 0A0E County, Florida, against BISCAYNE FEDERAL SAVINGS 8 LOAN ASSOCIATION. This notice appears be against the pertY in this transaction end it must be disc and cancelled of record. 13, Assignment of Contract from Isaac Shih and Joan wife Trustees to Miaai Chinese Coaaunity Center, Ltd., of ri• is end interest in that certain Contract for Sale and R al Property between Citicorp Savings of Florida , as aid Isaeo Shih and Joan Shih, his wife, as Trustees f property. This suhntlal needs. be sche.. for In accordance with Snelin® set firl Miami Code. The appllna He hecisi rMewt, Information at the puhl recommend on or to rged ih, his all their urchase of Sellers, and the subject /d7 'l7 7 T S Mc hearing Inc Lity of eking hods WI wing to render decla on. SUBSTITUTED COMMITMENT FOR TITLE INSURANCE SCHEDULE 112 Commitment No,S:... Fi C 71818 Member's File No.l:, 10-02-88 Milimmimialmtammimic NOTIC This submtlal needs. be scheduled for In enaorbance wain mein. setand Miami Cale. The applicable decisi review the Information at the publ recommend.. or II. Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless t same ere disposed of to the satisfaction of The fund: 1. Defects, liens, encumbrances, adverse claims other matters, it any,,.creeted, first appearing in the public rec ds or attaching subsequent to the effective date hereof but prior to the date the orODOsed Insured acquires for value of recora VI estate or interest or mortgage thereon covered by thus commitment 2. Any owner Palter or owner guarante will contain under Schedule 8 the standar the inside cover.hereof. Any mortgagee Schedule $ the standard dxoeotions unle and a satisfactory current survey are premises is made, it is determine ) &Pecie1 assessments have been paid �...nothing of record which would giv could take priority over th otherwise,take priority, suba 3. Any lien provided 'any city, town, villa herpes for service by systems serving the 1 issued Pursuant Hereto exceptions set forth at policy will contain under s an affidavit of possession ubmitted, en inspection of the .the current year's taxes or and it is determined there rise to mechanics' liens mortgage (where the liens lion of waivers is necessary). is which would b Chapter 159, Florida Statutes, in favor or port authority for unosid service any water systems, sewer systems ds'described herein. i. Liability or municipal improvements ding but rlbt a *seed. or gas made, authorized or S. Taxes •r the year 1989 and subsequent rears, which ere not yet due and rable. 6. •rms,conditions, covenants, limitations, easements reserve t ns contained in Plat of THIRD AMENDED PLAT OF MIRAMAR, record in Plat look S. at Page i, 7. Dedication dated January 25, 197. filed March 30, ook 162, Page i16. 1917, S. Dedication dated March 31, 1917, filed April 19, 1917, look 163 at Page 03. ALL INSTRUMENTS AS RECORDED IN THE PUBLIC RECORDS OF f'I.oRIDA. end as . OR DADE COUNTY, 42 E' 9.- 779 Plc bearing the City of eking hotly Mt wing to renders aegis on. SUBSTITUTED This submtlal needs. be scnea,iee for In accordance. wXM1 Undoes see Miami Cole. The applies He tlxisi review the in.rrnadon at the pub «xprnraendaeon or the aforementioned covenants, restrictions, conditions, eessme s end agreements do not Contain a reverter or right of re-entry cis e, and this Policy insures that the said covenents,restricttons, c dittonsr easements and agreements have not been violated to date an a future violetion will not result in a forfeiture or reversion o title end will not effect the validity or priority of the in tgage hereby Insured. As to the loan DolieY, Item 1, Schedule SII is h eDy deleted upon closing and presentation to closing agent of a ge affidavit. As t'o the loan policy, Item 2, Schedule 511 the conditions that a survey certified in 627.7dt2 Florida Stetuea end s fully ex Pursuant to said statute are presented to The Company reserves the right to add portion of the final ooliev ell matter affidavit, but. the Company agrees to defects disclosed therein in accor upon closing. The title insurer insuring the possible existence of adv which are recorded during th date of this commitment an creating the estate or in of which the insured commitment which is i deleted upon with Chapter uted Non -Lien Affidavit he Company for its review. to the Special Exceptions disclosed by the survey and ford effirsstive coverage over nce with Lender's instructions i hereby ccordance is commitment hereby insures against se setters or defects in the title Period of time between the effective the date of recording of the documents rest being insured, except as to matters $ knowledge, and any Provision in this conflict herewith is hereby deemed deleted. b�c bearing the eiy or a king hotly wil al eareheard ecidonon. This subntlal needs. be scheduled for In accordance with tlnelinm set. Miami Cole. The applies He decid review the Information at the fah/ recommends.. or ENDORSEMENT National Attorney's Title Insurance Company Endorsement No. L.... to Policy No.: F1 C 71818 Name atOtiginal insured: Citicorp Savings of Florida and/or its As ens Original Effective pate: October 26, 1988 Original Amount of insurance: t262, 300.00 Agent's File Reference. The policy is hereby amended u follows: Under Schedule A. Proposed Amount of insurance for the Mortgages TitlePoli is hereby amended to $263,500.00 is remains unahmpd. • 10-02-88 titi { National Attorneys' Title Insurance Company j36 bdc hearing eking hmy acing. rcntlerera l aedamn. Counters/.+ Charisa 1. Kovolesk i 91 — 779 (''ner Policy i.t' er.,;a," r'!e �JSbe at or Corm B.1970 IPev '0•t7.70 and Polo Numtor AZR MINNE5O7A TITLE At t.+7.a41 173237 Thla eubmttal reeds to be none.. for In accordance ugh timelines set to Nerd cafeThe applicede axis redew Me information at the pub rxnmmendadon or C nearing the the City of tiring body will ring to render aleecidon. 16/24 . 2 _ _P. ': . .: �:,.__ ;S � .. .... _ AGE : E�cC_ tS PPOYSV+S :c _.. e: : `:S ai = : NS r'E .;F • . `. NNESurt.` -Fre r , ,2C "e:JtrCar',15 . df :ate shown r Schedule A. a4atrs: css :3r'age -ct dYic-_ : i:a S•: Ord a and .:i:S. a-:r' .s `ees i'_ t' Company may become:b'•.ate'tc car -eret rcet ' , . -PC : -4 "i :ed by Or Of tie to the sate Jr r:erast Case' bed ^ ::-=_CL ? - '' . •-1'v . ;? is .:2: trefe 2 .:ry defect ^ Or ,.er Or err.,^+crarce :r i.C- • 3 Lack of a ••gr; :' ac.ess . -d '•sr . 4 Jrtrarketac:. :' S.c" • '' seal :a be-ereurtc ?"tie: :a.:; .. .: i :- r, i, • - .... NORMAN SOMBERG, P.A. 1110: Brickell Avenue Miami, Florida 33131 -..-•^e�c ' .' --sic:a "3S ._ car:s _. _ . re . ' ..."e^ ... :er5 greet.. :. :' : TITLE INSURANCE COMPANY OF MINNESC''a a:.rcAvsetur ,'•:.:.. M.' EdCO.rs. ;u^•esa:3 :7`a _rC,,,S,CNS 'he •ort0W'rq "•a::er3 3 ?-t:resry :tc uceC . ;r, ..e :overage of MI5 oc icv CI `a�rnr^e^t3 :t I ce:Cwer any taw ordinance or governmental •egu!ation relating to envronmerta! protection ci any law ordinance or governmental regulation Including out not 'milted :0 buildirc and :onirg ordinances, restricting or .egu)at!ng or oronip!tirg the occucarcv. use or eniovment of me !ana or regulating the craracter d!mersiors :r ccat:n of anv Improvement -ow Jr hereafter erected on :re arc :!:r : "d 3 seoaratton it owrershi0 Or a change in the a!mersiors :• ire :' '? 3'".: arv:arse! of which Me 'and's or was a Dart rdi The effect of any violation of :tie matters excluded under laid Ib) ar ICI aootre. unless notice 0f a defect, 'ier :r incum• prance resulting from a v'Oiation nas eer recorded at Oate of .n mose records in which urger state statutes deeds. mortgages• s oe-dens. !lens or other title encumbrances must be recorded tr order to mean. constructive notice to ourcnasers of :he !and for value and 'knout rcwi edge: provided. however that without timitator. sucr records snail -ot :e construed to include records in anv or the offices of federalstate or coal environmental protection. zoning. building• health or public Sarah authorities. 2. Rights of eminent :omatr unless rct ce of :re exercise of such rights aobears in me pubic 'ecords at Cate:' Doccr 3. Ogtects. !'ens. encumbrances. adverse other matters tal created. suffered• assumed or agreed :o by :-e nsured claimant; tbl not known to the Comoany and rot slow, :r the:'_o'•c records out known :o the 'nsured c!a mart a•tre• at Date c.. :r a: •re date such claimant acduired an estate or rterest ns 'e: or :''s poi ti aro runt! rot disclosed in wnting oyrunt!c!aimart :o :-e demean or•or tome date such insured claimant became 3r •rsured nereuder 'c' no loss or damage to the nsured claimant. d) 3r3cr ^c or ;.:eared sucse• .cent to Oate of Policy or !et resulting r ass :arcade .vr' .:Cud not aye been sustained r :tie -surea c!atrrarr -3C :arc .a• _e •_• •^e iEtaate or rterest'nsured by :r s coney CCNr.- C VS . t.. - �. r ter r,: cr .:• - . ^? •c. cwlnr •err••; Are _Set: aa- =•' 'tie -s•. ec -arise - ): ....$ + 3 sLoiect:o env Pgrs ::ere' es :re;..:moon -ar -a.e 3ga:r ,re -erne nsured. those wrc succeed to a -ter:s::f siren rSur • ode.'- ation of law as dis::rguisred from :u•_ 3se rg. ^u: net :ed to. refs. ca:r•outees. der:sees. surf'.:rs :e-;C-a. •3Oresertat•r--Inext af .•- or corporate cr 'toucan, St.C:2S5Crs !::! 'surec : _ _ _-st.red :r rg .css or damage rereu^cer 'cr • -tors Knowledge or rot.ce .vine- -ar :e -..._ .: . OubliC reccras :Ai ..arid -re era ;_sc- uC SCeC."C»fv 0r ^y refer- ence in Schedule a 3rd mar; a -errs .'-. K -.re:c .. .• ov aw constitute -eat proper.... orobr,;i: � a raid.. . :ces -tat 'nciude any orccer,.:e,ord ale .a . e _ree icec • •..:esc :ea or referred t0 r Screou.a d nor :-. : "e-veriest es:9'e :r easemer: •n abutting streets. roars. 3reri.r: adds. arts_ .fart :r :.a:e'wers.:u: nothing herein snail moc'r'r ere -e e,:_ , • grt of access to and from me and °s .nsured G. . _- :. sat •'mp- .are _-__ . .. :"Lit deep. or other security mstrumen 1f) 'ubiC reCOrdS :rcSe 'ea:Cs .rr•'.. oY law impart constructive no e of matters reiarrg to said .and This favor of an the land. omen nays gig e. rrt :ors:ructve ',red ov reasor of any cal Continuation of Insurance after Conveyance . of Tide this policy shall continue in force as of gate of Polity .n so tong as such insured retains an estate or .nterest in holds an indebtedness secured by a purchase moray mortgage purchaser horn such insured. or s0 long as such insured shall ty Oi reason of awards ot warranty made by such insured in • sr,. -ester or:onvevar ? c- es:ate ;r -re ' s 3CrCy snail not :ort!r4L Og `orce r favor ;f 'surea of e trier said estate Or r•teres: or :re tic :urcrase ^crev mortgage given •c sucn -surea 3 Defense and Prosecution of Cairn ro oe given by an irsureo 'at the Comoany, at ts own :ass arc N deiay shall provide for :he oefe^se of an rsurec ^ a ! g. :r :-; of ac2ons or proceedings commenced against suc- -s.. - : •. , se rrerooseo agairst an 'nsured n an action : error:e : . act•-• _ :r :tie estate or nterest .n said lam :o the extent :r sucr* :;a: 'curded upon an alleged defect. •ien encumoran :r crer 'sured against by this polity Ibl The .surea snail not tie Ccrrcary ter:':: , - wring to in case any action or proceeding ego or oeferse :csed as set forth in ia) above. ill in pas- nowiedge sra!I c:me :c 3- -5ured Hereunder of any claim of title merest which s aarerse -::'e : tie :o tre estate or interest. as insu aro wn!c- •r.grt :arse css iarrage for wn!cn the Company m be iiaoie ov virtue of :''s :ci c•. rt!e to tie estate or interest.. nsured. ,s re!ected as urmarxetac a • sucr prompt notice shall not o • even to ire Company. men as :c wsured all ;lability of ire Co. •ary snail cease and terminate .r. •eoar: :^e Tarter or matters for , !Cn such prompt notice is retauired :r:. cec -,waver that failure to rtify shall .n ^o case ore:udice:ne •erns -s..rec _^der this poi unless the Compary srau oe ereit.c ce: 3•.ure aro then or .o the extent of sucn pre!ud,ce c) r` a Comcary sra!l rare :re • yrt _ . .... :-5::_te art• !trout undue deiav prosecute ary act•cr _ :_-.. _ . c 3r, act wrier r 'ts opinion may De recessar.: - .:.e '. es:aci.sr title to the estate or rterest as .nsured. 3rd -- :. -oar, r*ar :3k _nY appropriate action under the terms of :his oc -ether be 1iab)e thereunder. and shall not thereor ::- - :- :: !'tr :r ar•, on:v!sion of this policy. !dl '1V a^ever :he Comoany snail rare orcugrt ar•. ..o^ Zr -.termed a :e as 'eauired or :ermined by • :- s :c' c .:he Ccrr -ai. :ursue ary such !itlgat:or : • _ :ezi-- or ••. 3 CCu.: r .. e^• sC't::•or arc excressiv race- ?i - - s is o :.sere: dr ' dial 4rarr, ary aZetse .cgment:r _ :er •ei :ases . -ere :"'s CGi'c. term:ts cr .. .air prose . :ru-'.:e'or :he :e'ense cf ary a:c _ . :rg. :he nsured . , er ; a - secure :c :re C3moary .^e - - :sect,tecr:ror.ceaverse 3ta•3:.:^:r:roceedirg.aro 3'13-^°=. :herein era permit the Compary :c -.se. 3t ts ootion :re -ane :r ii.C- ^sured `or sucri purpose -e-ever •ecuesteo ov :re Carroary St•C nsured sra!I jr4e the C:r•:a _ 'easora::e aId r 3rY iLC" ac: ;rcceed'rg. r e''ect'rg se' . err:. ieC .r'rg ev,derce.:C:a.r rg messes. 3r pr _seCut:ng or :e aro rg 36C- ac: cr ;r:r:ceec:rg, aro :re Company snarl reimburse 5_.-s,.•e: liar ar, exner se 50 rct:••2c This subntlat needs. be scben,ied fora In accordance wltlitl nudges set for. Miami Code The applicabte dads.• review the Information at the pubic recommendallonorafi c bearing e Myatt ing body wit ing to render epldon 4 t. ' , •' • ss-. ..,ardor of acr:on 3doitcn :o tie rot ces 'loci: red .,r ter :aragraon 3so: :"ese Corr.:* s ^c S: Cu'at crs. a atatemer. ..:rg :r ar,. ass ::arrage'_• .r^ . s arrad re Company s a:,e _^.$r"•'Is:O! _r sr:!. :e arec I:cr^car'v within 90 dais •re• sucn :ass Or :amaoe snail -are :eer mined 3rd ro right Of att ar srai accrue :7 ar rsured c'aieart .r: • ?C days after such Statemer: 'trail rare Deer' •'umisred sr sucn statement of toss or damage snail term•rate any •,aoritr r re Company under this D0i'C'r as :o sucn toss or carnage. 5 .crone : rear• cr v:reuse Serve C:arms the Company ;hail have ale .x cr :0 par 7r r^erwise se -le :r : --e _ came of ar 'inured c!airrart ary ; aim ns„red against :r to ;err^.. rate ; ab!lay ano obligations ar re Comcanv r.ereunaer oy paving or tree' caymert of the amount of •nsurarce'Jiver this policy together witr err costs, attorneys' fees and expenses incurred uo to the time of suer :av • mentor tender of payment by the 'nsured claimant and authorzeo or the Company. 6 Oetermwaran and Pawnor ofLoss (a) The homy of the Company under mis Donee snail rComn ueo an rsgse died' "sC 133 . •jJ�'. 779 SUBSTITUTED • •o ..'.se a,c3ec ;-O eea. .•. •-e . •-a ec . ..?''• ., -e ..-• s:a:ec Scredu e s y •!.:1 _:r .3r ... :ar. r 30diton :C ary 35s nsured aga'rst tr :r.s :'. ?'i ::S's '-cosec ,:oor ar ^surea r *.gal :'on:air:ed or 3v the Company for such ,nsurea. and all:osts. attor^evs `ees and exDerses r ' cgatior carried an by such insured with :^e written autnor•zaaon :f :he Comoary cl .Vher aon'ty has teen derir,tew flied ^ accord• arce war :"e conc., ors )f ' ::c'cv.:re 'ass 3r damage scat' :e :avacIe w'tnm 30 days :hereafte' I ! _:r:_it. No claim snail arse cr tome rta race .rder :- s 3olicv .at Company. after raying received Ponce cr an alleged detect. er :7 encumbrance'nsured against hereunder. oy litigation or otrern,,se removes such defect. lien or encumorance or estabhsres :re :•:•e ?s nsured, within a reasonable time after recnt of sucr event of Litigation until there has Deer a `,rat cetermmatcn ^r ? competent lunsdtctton. and disposition of all aoeea!s therefrom 3c'.erse :o the title, as'rsured. as provided it oaragraon 3 rereot or'CI 'or ao''.ty vo►untaniv assumed by an insured in setting any c'a'm or suit .v•tnout oror written consent of the Company 8. Qeducrlon Of Laptev Ali oavments urder tr.'s,r:ot:c•r except cavmerts made `:r ::sts -e.s fees and exoenses. sratl 'educe the amount or !re rst.' ' - Davment snail be made without oroduc.re:" s oo,•c•r 'or e-ccrse-r. :r such Davment ;:r'ess :re tic. c'.:e est sr r :es:•crea. ^ n r : : ase .7:Cr :f sucr loss ar destruction sraii :e'Lr^srect.o, •^e sarsrac: Cr :e • Company barn t s exoressiv understood _-a::"e 3r' ,Lnt : ..•3r . _ . '' •- sr..att Oe 'eaucao 3r ?rr arrc;.r• -e .:r":a . •r : .. ^stir ^y a ?'e"3t = .tic -_ago 'r.. •a•er•ec _ -_. _ .yr t" s 3 ar a 3s:a'.e .* -:2rest ..'.:':C _.: : -cr;age hereafter etec::ed :v 3"-Ives. •an 3 •,r "'' estate ;r "tees decor te'd •arer.ec •r - ill :a a ;-a' r'e peered _ ...•.'^.^:. oe z_ . .. . .• have :-e oot:or :o acts., •.. _ _,..'-: : - • amour! :rat c.^en,' Se cite :.:3. is - = =- • • •-- of meara:e: _'es:._.- : _ srar, to :eer-e:::_:r^er:.-ce•:^ s ... t0 .1cxrr:o,.ime.."r :re !and :es::ect ^ S.-ect. e . -s .._ ., ..:c are ^ct _sed is ? i rr:a r:e s ._..::'s, mere of sa'Ccar:: S P.' :3' - .:i .-?' :e 3 DrO •3ta 3cse5 .. .. • 33' tit. "•es5 3 . .r .. . eacr iuC'' :arse. . :re ssuarce of s arc : .. 3r ar=n:orser'e'': ir3c^s: • :9`5 .rr : -fir• _ r•.C.ted cnn i2r.red on ce' was ?tic^ 3arcer •-ide Cate .;f . _r 'der aC'e9: cc"Is .:_sac . w: _ :y ',Nherei.er ."? C rrCi." - _ ..•_ . •.gnt.;• s.:rogat',;r-he s"a.• . i; - - ..—... - _.....• . rsur a:irant r^c '. ; . •- • - au''gets and •emeC' .'r'c^ .. •c.. , . - .. against ars, oersc . r :roper!', ^ •es:ec:. i :.: ... Peer issued. an' •r'egues:ea Dv ?e Corea^'. Suer Su'-" . _ ^ .a^::^au :'ansfer tor= omoany au : gets 3PC rarreo-es aga•rst zr'.:e•s:- •?r aropern n • ssary r.:rCer :, ter:se: 5�ca'',r; ;;,orNia-. :^: sra•.r Derma »,: ompany t0 4se ere -time 3f sucr rsureo c`3'rrar' " any •ran .sirs or ;,•'gallon •hvOtv•rg such •:gr:s Or •emed'es r :re cavment doe it cover !re 'ass at such rsureo :ta•man:. the Camcarr s-: t be s • Led to such rights and remedies .n tie prcocrt'on vrn'cr sa'c oav t bears to the amount of said loss. if loss shouts result from any act of insured claimant, such act shall not void this poicti. but ere Company. - -at e,er: trait :e '9d .:av ,tit. a, 3 ia'+-St ^e'e'_rcer NniC" snail exceec :-e 3r"cLr .JrrDarr 3v'eascn of ere moalrment of •e'e • grt '2 L:aCrrrry L mired r::^ S a,y,C, 7h,s rstr,ment together with all endorse7nerts and ::re ary artacned hereto Dv the Company s :"e er! 'epoi c. cetweer the rsureo are the Convey any' clam c' CSS Or :ar-age-;.- ^egngerce and wr cn ar ses out or:-e ; a :s :• •- rferest covered nerebv or any ac: or asse^ 'estricted to the Drov's•crs arc:crdi:'ors ar: s• This submtlal needs.. ache.. Led M In accordance wan Undoes se[. MiamiC Cole. The applica He decini resins,eionatthe p. reconrcon,n,,ndadonor 16/24 No amenar'ent of or 30C e *er:.. •. . . : made except ov writng erdorsec rereor c nac-ec ^e'? :::-:: e•tner the °•esiaent. a Vice Pres,cent. ;h: ecretar' an •:. ;,_ _ :anti. cr •.al+dating officer or authorized .ratcr.:t :re ::-:_ . 13. Notices. ere Sent Au notices reau'red to be giver' Company and any stater•e^: required to De furnished the C oany shall De addressed tc s - Office, Minneapolis. Minne a 55401 Vote This poi valid on4' if Schedules 4 and 9 are 3 _. sl- 779 Walk hearing n the City of along heels wil singes renders OIL 5Ziedule A lads submittal. needs to be scheduled in accordance vealtimelines set ,pp Miami Code. The applicable deo realewMe Information et the p recommenbrtlon File Number 10 41- 7 4 Policy Number AZ R 17 39 37 Amount S250, e a 0 . 00 . Policy Date November 17, 1989 MINNESOTA TITLE at 10:40 A.K. IttlilA9 Cily o n -making bury wil c beernglo renders finaldeci9eto 14439 /16/24 2. The Insured hereunder, in whom title to the fee ple estate is vested at the date nereo' MIAMI CHINESE COMMUNI'" CENTER, LTD., a Florida Limited Par :tership . The land referred to in this policy is situated in the county of D State of Florida and is des ed as follows: Lot 2, in Block 6, of IRD AMENDED etAP OF MIRAMAR according to the P1- thereof, r :orded in Plat Book 5, at Page 4, •f the Public R=:ords of Dade Co6nty, Florida. TIM OWNe;11$ 11477 FORM MIS;'N This policy valid on y if Schedule d is attached. Module B File Number 1041-74 Policy Number AZR 173937 This policy does not insure against loss or damage by reason of the following: 1 Facts which would be disclosed by a comprehensive survey of the premises herein described. 2. 3.Ri rn. eaemctnircaea m ee ecneealee rcorWapre wnhtl ert Mlemi Cole.Theappllrala. ]e dep rem reWew ineaco matbn aline mmeneaupn 4. Taxes and/or assessments for the year 1989 an subsequent years, which are now due and payable. 5. Plat et THIRD AMENDED MAP OF MIRAMAR filed Plat Book 5, Page 4, Public Records of Dade County, Florida. 6. Dedication to the perpetual use of the public the streets, avenues, drives, boulevards and all s shown upon the Plat of MIRAMAR except as therein set forth •-ted March 31, 1917 and filed April 19, 1%17 in Deed Book 163, P- a 473, Public Records of Dade County, Florida. 7. Unrecorded Lease Agreement dat-- November 1=, 1989 between 4iami Chinese Community Center and J•-nn Van Brusse.. -2- *!dl<ovortRs tver fo l 9 1 - '7 7 9 . poeuC neahny in the Ciry of g -mabemre a nearing to rentl era naieeciaon. 14439 /16/24 MINNESOTA TITLE an Policy American land title Associetion•1870 (Rev 104770 and 10.17-841 PolicyNurnber BNR 209636 rnia sacord rceeem ee sr,neaaiee m acanraan. wnn emeun� se<to TheappllraHe tleciv re.w.aeewme inmrmu atmepu remmmeneauon or aeue neahny tithealyof aunt soar ante ring to rentler a aieeciaon. SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEL ONS CONTAINED IN SCHEDULE 3 ANO '-E PROVISIONS OF THE CONDITIONS AND STIPULATIONS EOF, TITLE INSURANCE COMPANY OF MINNESOTA. herei - Iled the Company, insures, as of Date of Policy shown in Schedule k against loss or damage, not exceeding the amount of insurance stated in r le A. and costs. attorneys' fees and expenses whrcn the Company may become obligated to oav hereunder, sustained or incurred by the insured • -eson of 1 Title to the estate or interest described in Schedule A being vested otherwise than . ated therein; 2. Any defect in or lien or encumbrance on such title. 3. Lack of a nght of access to and from the land, 4 Unmarketability of such title; 5. The invalidity or unenforceabiIi y of the hen of tine insured mortgage . said estate or interest a (ceps to the extent that such mvabdiry or unenforceabsaitye or claim thereof, anses out of the transaction •enced by the insured mortgage and is based upon a. usury, of b. any consumer credit protection or truth in lending I 6. The pnonty of any lien or encumbrance over the lien the insured mortgage: 7. Any statutory ben for labor or material which . gained or hereafter may gain priority over the lien of the insured mortgage. except any such hen arising from an improvement on the sand .. ... -• for and commenced subsequent to Date of Policy not financed m whole or in part by proceeds of the indebtedness secured by the insu e . ra which at Oate of Policy the insured has advanced or is obligated to advance: or 8. The mvandiry or unenfonasabdity of . assignment. shown in Schedule A. of the insured mortgage or the failure of said assrgranent to vest tide to the insured mortgage in the named ured assignee free and clear of all liens. IN WITNESS WHEREOF. die said Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed • - duly authorized officers es of the date shown in Schedule A. the policy to be valid when countersigned by an authorized officer or agent of the b10RMAN S• ER0, P.A. 1110 Br k•ll Avenue Miami, lorida 33131 /37 TITLE INSURANCE COMPANY OF MINNESOTA A Seaat Corrprry aSIMI*VW Saudi. Aker.* AYrNsor, 53101 779 ' r1,sroMr aarr P°. °I o Sraesav • SUBSTITUTED . •+1 .. _ . ! t ill 44 _ Rls$umber 1041-80 Polley Number BHR 209636 t. Policy Date March 27, 1990 MINNESOTA TITLE � 2. Name of Insured: at 12 i 46 P. rnlssubmlctal needs de be scheduled In accordance welt Ilmeuncs set l rsami Cede.Theaenatble cis ewtheCe ie The ace, at Methe pu recommendation or PZ-2 a;1 nt$175,000.00 EASTERN NATIONAL K, a National Banking Corporat on, its Successors and/or assigns 3. The title to the fee simple estate in said land is, at the date her vested in: MIAMI CHINESE COMMUNITY C •I ER, LTD., a Florida Limited Partner ip 4. The mortgage and assignments. if any. covered by is policy are described as follows: Mortgage executed by iasi Chinese Community Center, Ltd., a Florida li ted partnership, in favor of Eastern National 8 k, a national banking corpora- tion, dated Marc 27, 1990, and recorded March 27, 1990 in Officia Records Book 14484, at Page 3078, of the Public - cords of Dade County, Florida, in the original incipal sum of S175,000.00. S. The land referred to inthis poi 'r is situated in the County of Dade State of Florida. and is dean • as follows: public hearing nme city or -making body ail, hearing to render nal decider. 4439 ,r 16/24 Lot Two MI Plat Cou y reiMeenwe (2) , in Block Six (6) , of THIRD AMENDED MAP OP according to the Plat thereof, recorded in k 5, at Page 4, of the Public Records of Dade Florida. This policy valid only if Schedule 8 is attached /36 91- 779 ThIa euCmttal reeds to he eche.. for In accordance truth dmetnes aM fo Miami cafeme appirade delis 1.441,411,44446.4 �" �" . rT 4 ,A*►4*AAAA*4 ..1.e1.A41,41AAeAAI►A446444,4kAetkAAAAAAAAAA ►A4 4,,.* .*. 2t.AA4AAAeA,d1►4.A.?� AAAAA,41►4411kAAAAAAA4 , ,fit,,Q#A,p.Ai',AAd AdS:.0 a'A.AAAAA*AA.16,AAAAAA AAA.& % a sz..•.yiAAAe##,4 1.!'e, '► ‘ It�,;`. s iliAAQ1►eAAAAa1►Ai+AA-!#A ci►A: ►4A -. rxnmrnenoauon or ueue hearing the City of aping hotly will erring to renders aleeciaon. 16/24 File Number 1041-80 Policy Number BHR 209636 This policy does not insure against loss or damage by reason of the following: 1. General or spectat taxes and tor assessments required to be paid in the y which are not yet due and payable. 1990 and subsequent years., Not Unless Schedule 8. Part N is attached therm. no subordinat/ matters that affect the title to the estate or interest referred to in Schedule A. —2- nr. 133 91- 779 Thlssubmatal needs to be schedule In accordance mien emeunes5 Miami Code. The applim. rademtne inmernahnn at the recommend., public hearing h hthe CIM of .h� n,. body wall rnaahng m renilm a Peal decider. dd2Q • 41,6, ►4444 ►444f►444441. 46444#►4444#4.4►444► 444 44 444. A44.R4. 4444444A4 A44►4444444444I4 44 A 444 44444►4444t File Number 1041-80 Polley Number BBR 209636 In addition to the matters cet forth in Part I of this Policy. the title to the estate or i, Brest in the land described or referred to in Schedule A is subject to the following matters, but the Company insures that the li . or charge of the insured mortagape upon said estate or nterest is prior to such matters: r 1. Assignment of Leases, Rents and Ptofit from Miami Chinese Community Colter, Ltd., to Eastern National Bank sated and filed March 27. 1990 ir. official Records Book 14484, Pa • 3090, Public Records of Dade County, Florida. 2. ;;CC Financing Statement with Mi i Chinese Community linter,• Ltd, debtor, and Eastern National B .k, secured party, filed March 27, 1990 in Official Records Book 14484, Page 3095, Public Records of Dade County, Florida. -3- fie rrn$Netw~$eI 91-- 779 F Vila No. 1041-80 MINNESOTA TITLE A. Idorsemint FC 2154 To be attached to and become a pan of Policy No. Company of Minnesota The Company hereby Insures against loss or damage by reason of: The invalidity or unenforceebrarty of the hen of the insured mortgage resulting from the provisions therein whir Interest. 2. Loss of pnonty of the lien of the insured mortgage as secunty far the unpaid principal balance of the eccordence with the provisions of the Insured mortgage, which loss of pnonty is caused by said eh "Changes in the rate of interest". as used in this endorsement, shall mean only those changes in the provided in the insured mortgage at Data of Policy. This endorsement doh not insure against loss or damage based upon tat usury. or Ibl any cons This endorsement is made a part of the polity and is subiect to all of the terms and provision insurance afforded by this endorsement is not subiect to paragraph 31d1 of the Exclusions modifies any of the terms and provisions of the pohcy and any pnor endorsements. nor endorsements, nor does it increase the face amount thereof Countess tiw►cta.` S.� Offices a Altar �n1e1�a an n van 1KTA lyrM try► ext tre•r'. i rim* Ass Moms INC rot 3•:1.It t This submhtal needs to be scheduled in accordance whhtlmellnessit f Miami code.. The apploade deo reulewUe Information at the p rsunmend. on . pubho hearing Inthe Ley of eking hotly wil hearing to renderer nal decloon. 14439 /MR 209 • • 6 of Nil Insurance provide for changes in the rate of . together vwth interest as changed in es in the rate of Interest. of interest calculated pursuant to the formula credit protection or truth in lending law. hereof end of arty pnor endorsements thereto. except that the Coverage. Except to the extent manly stated. It nether it extend the effective date of the policy and any pnor TITLE INSURANCE COMPANY OF MINNESOTA A Stodr cbnwrN a00 Sion /Amnia Soo" AMmoorc Mama 55401 a /4/ J-92-296 4/30/92 92-- 268 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED BY RESOLUTION NO. 91-779, ADOPTEn OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINAN NO. 9500, AS AMENDED, THE ZONING ORDINANCE THE CITY OF MIAMI, FLORIDA, BY DELETING CONDITION WHICH REQUIRED THAT THE CITY BE P IN A POSITION OF MORTGAGEE WITH RESPECT THE BISCAYNE BOULEVARD PROPERTY A NORTHEAST 4TH AVENUE PROPERTY FOR AN LESS THAN $250,000 AND REQUIRING APPLICANT POST AN AMOUNT OF $260,000 OR BEFORE AUGUST 30, 1992, IN A FO TO THE CITY ATTORNEY; BY CHANGIN WHICH THE CONSTRUCTION OF THE THE APPLICANT'S PROJECT SHA DELETING THE CONDITION OF SA REQUIRED THE CITY OF ADMINISTRATION AND THE CITY ASSURANCES TO THE CITY CITY IS GUARANTEED AN $250,000"; CLARIFYING T SHALL BE KEPT IN BUILDING AND ZONING DEMOLITION OR CONST THE BISCAYNE BOU NORTHEAST 4TH AV THAT THE APPLIC ALL FEES THAT TO THE CHIN LIMITED TO, MIAMI IMP BUILDING FINAL BU THE AP ALL BUI THE AM F HE CED BOTH THE OUNT NO HAT THE N CASH, ON ACCEPTABLE THE DATE BY COND PHASE OF COMMENCE; BY VARIANCE WHICH MIAMI ("CITY") TTORNEY TO PROVIDE ISSION THAT, "THE QUITY IN EXCESS OF ALL PLANS AND PERMITS ROW BY THE PLANNING, DEPARTMENT AND THAT NO CTION SHALL TAKE PLACE AT VARD PROPERTY OR AT THE E PROPERTY UNTIL SUCH TIME T POSTS SAID $250,000, PAYS DUE FROM THE APPLICANT RELATED WN PROJECT, INCLUDING BUT NOT ADE COUNTY IMPACT FEES AND CITY OF FEES, AND THAT THE PLANNING, ZONING DEPARTMENT APPROVES THE ING PERMIT; CLARIFYING THAT, SHOULD ICANT FAIL TO POST SAID $250,000, PAY S DUE, OR OBTAIN APPROVAL OF THE FINAL NG PERMIT ON OR BEFORE AUGUST 30, 1992, ARIANCE GRANTED BY RESOLUTION NO 91-92, AS ED BY RESOLUTION NO. 91-779, SHALL EXPIRE; F THER, BY DELETING THE CONDITION THAT A URRENT APPRAISAL AND A CURRENT TITLE INSURANCE POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY BE RECEIVED BY THE CITY ATTORNEY. ATTACHMENT (5) CONTAINED This su...needs b be scbeauLed fora p in accordance with timelines set tomb I 1 Miami C de. The applicable decision- 1 avleer Me i nfonnation et the public regammenbe„onoran CITY COMMISSION COMMISSION MEETING OF APR 3 0 1992 9 ru 2 6e8 c bearing City of ing body. mg to renbera J-92-296 4/30/92 92-. 268 RESOLUTION NO A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1889 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED BY RESOLUTION NO. 91-779, ADOPTED OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINANC NO. 9500, AS AMENDED, THE ZONING ORDINANCE THE CITY OF MIAMI, FLORIDA, BY DELETING '...E CONDITION WHICH REQUIRED THAT THE CITY BE P IN A POSITION OF MORTGAGEE WITH RESPECT T THE BISCAYNE BOULEVARD PROPERTY AN NORTHEAST 4TH AVENUE PROPERTY FOR AN LESS THAN $250,000 AND REQUIRING APPLICANT POST AN AMOUNT OF $250,000 OR BEFORE AUGUST 30, 1992, IN A FO TO THE CITY ATTORNEY; BY CHANGING WHICH THE CONSTRUCTION OF THE S THE APPLICANT'S PROJECT SHAL DELETING THE CONDITION OF SAI REQUIRED THE CITY OF ADMINISTRATION AND THE CITY ASSURANCES TO THE CITY C CITY IS GUARANTEED AN $250,000"; CLARIFYING T SHALL BB KEPT IN E BUILDING AND ZONING DEMOLITION OR CONSTR THE BISCAYNE BOUL NORTHEAST 4TH AVE THAT THE APPLIC ALL FEES THAT A TO THE CHINA LIMITED TO, MIAMI IMPA BUILDING FINAL BU THE APP ALL FE BUILD THE AM F CED BOTH THE UNT NO T THE CASH, ON ACCEPTABLE HE DATE BY OND PHASE OF COMMENCE; BY VARIANCE WHICH MIAMI ("CITY") TORNEY TO PROVIDE MISSION THAT, "THE UITY IN EXCESS OF ALL PLANS AND PERMITS OW BY THE PLANNING, EPARTMENT AND THAT NO TION SHALL TAKE PLACE AT ARD PROPERTY OR AT THE E PROPERTY UNTIL SUCH TIME POSTS SAID $250,000, PAYS DUE FROM THE APPLICANT RELATED PROJECT, INCLUDING BUT NOT E COUNTY IMPACT FEES AND CITY OF FEES, AND THAT THE PLANNING, ZONING DEPARTMENT APPROVES THE ING PERMIT; CLARIFYING THAT, SHOULD CANT FAIL TO POST SAID $250,000, PAY DUE, OR OBTAIN APPROVAL OF THE FINAL G PERMIT ON OR BEFORE AUGUST 30, 1992, ARIANCE GRANTED BY RESOLUTION NO 91-92, AS ED BY RESOLUTION NO. 91-779, SHALL EXPIRE; THER, BY DELETING THE CONDITION THAT A RRENT APPRAISAL AND A CURRENT TITLE INSURANCE OLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY BE RECEIVED BY THE CITY ATTORNEY. ATTACHMENT (a) CONTAINED P submRtalneeMbbe•scb MW ccnrbanm,«ibr pnLira n� Memieme.- appurabe eeWewtln inbrmation.ly reenmmendabo r a pubUc heannq rtrnan me ebycf king hotly W ue nearmgno reneere annaieeuaon. -14439 1/16/24 CITY COMMISSION MEETING OF APR 3 0 1992 2a,o�u« 2 6' 98 WHEREAS, the City Commission at its meet , January 24, 1991, adopted Resolution No. 91-92 grant varianoe from Ordinance No. 9600, as amended, the Zo•-ng Ordinance of the City of Miami, Florida, subjeot to a'- tain conditions set forth in said Resolution, a copy of ioh is attached hereto as Exhibit "A"; and WHEREAS, the City Commission at its meeting of Ootober 24, 1991, adopted Resolution No. 91-7 granting the applioant's request to amend Resolution No. 91-92 subjeot to oertain conditions set forth in said Resolur on, a oopy of which is attaohed hereto as Exhibit "B"; and WHEREAS, the City Commission deeit advisable to further amend Resolution No. 91-92 to olar This submittal needs to be scheduled for a in coordancewttlotlmelines sotto h Mani Loge IN appnt at Axcison- reNewtheinformation at the public recommendation or afi PZ-22- one of the conditions of the variance as hereinafter set fo th; NOW, THEREFORE, BE IT RESO ED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The r-vitals and findings contained in the Preamble to this Reso tion are hereby adopted by referenoe thereto and inoorpor= ed herein as if fully set forth in this Seotion. Seotion 2. Resolution No. 91-92, adopted January 24, 11, is hereby further amended in the following partioular / 1/ c hearing e city of Ing bogy. ring to render a decision rds and/or figures strioken through shall be deleted. ndersoored words and/orfigures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- SUBSTITUTED Thls sr al needs to be scfor ac hedules �oreance wim emeiines set fort Mlemi Cale The applicatle esislo renew the i nbnnation at the pub, recommendation or a Seotion 2. The deoision of the Zoning Board i this matter is affirmed and the request for a varianoe from 0rdinanoe No. 9800, as amended, the Zoning Ordinanoe of the City of Miami, Florida, Sohedule of Distriot Regulations, Page 4 of 6, "Minimum Open Spao Requirements", and "Minimum Off -Street Park Requirements," and Artiole 20, Seotion 2008, Subsea 2008.9.2.1, Seotion 2013 and Seotion 2023, Subse 2023.4, to thereby allow the oonstruotion of a square foot commercial building; providing zer 316 required off-street parking spaces; zer three (3) required off-street loading bays; setback (10' required); 0' side street required); 8' side yard (42.9' required) square feet open spaoe (64%/34,970.21 required); 17%/9,200.43 square feet of space (21%/11,474.6 square feet eliminating the required vision intersection of Bisoayne Boulevard Street for the property looated Boulevard, Miami, Florida, also Tentative Plat No. 1380 - "CHIN file dated November 7, 1990, variance having a time limit in whioh a building permit oonditioned upon the foll spaces (as indicated on pl 1990) must be provided o (the Northeast 4th Aven (as per plans on file provided prior to iss (3) a Unity of Titl 4th Avenue propert the Bisoayne Boul to issuance of a the applicant alternate loo Code provisi exempt fro provided plan mu Plannin Miami, here pre re b g on ion 0,028 (0) of (0) of 0' front and (7.8' 88%/31,639 square feet destrian open equired); and earance at the nd Northeast 18th a 1801-1889 Biscayne soribed as Traot A, OWN", as per plans on hereby granted, said ion until Maroh 2, 1991 st be obtained, and being ing: (1) the 80 parking on file dated November 7, the back portion of the blook property); (2) parking spaoes ated November 7, 1990) must be noe of Certificate of Oooupanoy; for Traot A, whereby the Northeast shall not be sold separately from and property, must be provided prior uilding permit; (4) in the event that rovides the 80 parking spaoes at an ion in a000rdanoe with applioable City s and regulations. the applicant shall be the requirement that these spaces be the back portion of the blook; (5) said receive landsoape plan approval by the , Building and Zoning Department of the City of Florida; (6) any request for changes to the referenoed plan for parking spaces must be nted at a publio hearing of the Zoning Board, said est for publio hearing to be initiated and paid for the applicant; and (7) a covenant, whereby the pplioant agrees that the property will be subjeot to the herein listed conditions subjeot to the approval of the City Attorney waiving, however, the requirement that all mortgagees join in said oovenant, must be filed in the Publio Reoords of Dade County, Florida; -3- 92- 268 uc hearng the City of ariking bogy will gen acudon. ar SUBSTITUTED said varianoe being also oonditioned upon the being placed lh a pOs1L1Ou of mOxtgaguu with tebpeut Loth the Biboayun apaicant pasting an amount Liu less Lhau of $250,000 in cash on or before August 30. 1992. in a form acceptable to the City Attorney. for a period of three years following the adoption date o this Resolution to guarantee that the required parki g will be provid`d and that the oonstruotion of •e second phase of the applicant's project wil be oommenoed, said construction to oommence within hree years following the date of the adoption • this Resolution .Lissuauce of a flual Certificate of • eapauoy Pur Lhe firs L phase 0 Variauue Lelug f ur LLel couupuu l,Lcs rna sutlmihalneeds to be ecnul led fora in accord ana with nmeilnes set 'forth Miami Ccde. The appllca !le tlension- re.ewtine informetbn at the public remmmentlatlon or a ra i oIL au ura Y ru ty COm.uisalmi that L Leiag placed .Lu a pobi tl0u of mortgagee wl th respe • to Lo Lli Lize Biboayue Buuluvari1 Pruper Ly au ci the Nor Lliears L 4 th Avenue Property, Lhe City ib guarau -ed au equity lit tsxuub$ of $260, 000, all further co - : itioned upon all plans and permits being kept in eso •w by the Planning. Building and Zoning Department a that no demolition or oonstruotion take plaoe at e Biscayne Boulevard property or at the Northeast 4 Avenue property until. Buoh time that the applicant poets said $250.000 in cash. pays all fees that adue from the applicant related to the Chinatown oject. inoluding _hut not limited to Dade County iact fees and City of Miami impact fees. and that th= Tanning. Building and Zoning Department approves the ,anal building permit and that. should the applicant :il to post said $250.000. pay all fees due. or ebt. 4 n approval of the final building permit on or befog= August 30. 1992. the varianoe granted by this esolution shall expire: further conditioned upon eoeipt by the City Attorney of the following dooum-'ts pertaining to both the Biscayne Boulevard Pro--rty and the Northeast 4th Avenue property: (. a ouLlellt appraisal, (ba) opinion of titles. (c) •opy of LiLla insurance poliOy; all in a form acoepr..le to the City Attorney; and (dh) such other mat'-rs as may be required by the Administration and the • ty Attorney. otion 3. This Resolution shall become effective imm-•iately upon its adoption. -4- gc nearing e city of Ing hotlywig ringtorenhera Aecl9 on 92- 268 PASSED AND ADOPTED this 30th ATT 8'P• MA HIRAI CITY CLERK PREPARED AND APPROVED BY: t- ?it?. IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATT :Y IMA/ebg •ss/M2888 -8- This suhmRtal needs to be scheduled for in c.coraante wilt emeiines set and Miami Cale The applica tle deck, renew the inbime ., at the puhd recommendation or a �XAVIER L. •AREZ, 92- 268 Ito hearng the City of kng body will hng m rendare de. on. APR ..• 1 !AT ' 4 I S 2 3•91-27(4) 1/I4/91 This submittal needs to be scheduled for a p in accordance Wit timelines set iorib i Miami code. The applies He decision- reNewthe information atthe b- recommendatinnor a en RESOLUTION NO. 4 J - 9 2 A RESOLUTION DENYING THE APPEAL FROM AND AFFI THE DECISION 0P THE ZONING BOARD TO A VARIANCE FROM ORDINANCE N0. 1S00, AS AMENDS ZONING ORDINANCE or THE CITY OF MIANI, F SCHEDULE OF DISTRICT REGULATION!, PAOE "MINIMUM OPEN SPACE REQUIREMENTS", AND OFFSTREET PARKING REQUIREMENTS,' AND A SECTION 2006, SUBSECTION 2000.9.2.1, S AND SECTION 2023, SUBSECTION 2022.4, ALLOW THS CONSTRUCTION Of A 70,026 COMMERCIAL BUILDING; PROVIDING* E REQUIRED OFFSTREET ►ARKING SPACE THREE (3) REQUIRED OFFSTRSET LOAD SETBACK (10' REQUIRED); 0' SIDS REQUIRED), 0' SIDE YARD 501/31,039 SQUABS PEST OPEN SQUABS PEET REQUIRED); 171/2 PEDESTRIAN OPEN SPACE (21 ACQUIRED); AND ELIMIMAT2 CLEAM.NCS AT TM! INTERSEC AND NORTHEAST 10TH STRS AT 1001.1059 SISCAYMS ALSO DESCRIBED AS T 1300 - "CMINATOWN•, NOVEMBSR 7, 1190, LIMITATION UNTIL PER1(IT RUST SE 0 THS FOLLOWING$ INDICATED ON P MUST SE PROVI (TME NORTH SPACES (AS 1990 NUS CERT1FI TRACT A SHALL SOULE ISSU T A a T THE R2DA, OF 4, MINIMUM ICLN 20, TION 2013 TO THEREBY SQUABS BOOT (0) O? 316 EERO (0) OF SAYS; 0' PROWS' TAUT YARD (7.2' 42.1' REQUIRSD)1 ACS (446/34,970.21 00.43 SQUARE Tit? OF 11,474.6 SQUAB! FEET TME REQUIRSD VISION ON O? $ISCAYNS BOULEVARD FOR TME PROPERTY LOCATED OULSVARD, MIAMI, FLORIDA, CT A, TENTATIVE PLAT N0. PER FLANS ON !ILS DATED ID VARIANCE HAVING A TIME CM 2, 1111 IN WNICM A BUILDING IMSD, AND BEING CONDITIONED D UPON ( N THE SPACES LE DATED NOVEM$ER 7 SOIHO )) D ON TM* SACK PORTION OF THE BLOCK 4TM AVSNUS PROPIPTY); (2) PARKING SR PLANS ON ?ILS DATED NOVEMIBR 7, SE PROVIDED PRIOR TO ISSUANCE 0! OF OCCUPANCY; (3) A UNITY OF TITLE FOR WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY BE SOLO SEPARATELY FROM THS MOMS D PROPS/ITT, MUST SS PROVIDED PRIOR TO CS OF A BUILDING PERMIT, (4) IN TME EVEN? TME APPLICANT PROVIDES THE SO PARKING SPACES AN ALTERNATE LOCATION IN ACCORDAMCC WITH PLICABLE CITY CODS PROVISIONS AND REGULATIONS, S APPLICANT SMALL SE EXEMPT 2Ro11 THS RSQUIREPIEWT THAT THESE SPACES SS PROVIDED ON ?KS SACK PORTION OF TME BLOCK; (S) SAID PLAN MUST RSCEIV! LANDSCAPE PLAN APPROVAL SY THS PLANNING, BUILDING AND EOMING DEPART/MKT 0? THS CITY OF MAIM, FLORIDA, (0) AMY REQi5SST FOR CMANGSS TO TN! MSREIN•RIF1R$WCSD PLAN FOR PARKING SPACES MUST SE PRESENTED AT A PUBLIC NEARING O? NMS SOWING BOARD, SAID REQUEST FOR PUBLIC HEARING TO SS INITIATED AND PAID FOR ST TME APPLICANT; AND (7) A COVENANT SUSJ!C? TO FMB APPROVAL Of TME CITY ATTORNEY, WMERESY THS APPLICANT AGREES THAT TMS PROPERTY WILL BS SUBJECT TO TNS MERSIN LISTS° CONDITIONS, MUST SS FILED IN TME PUBLIC RECORDS OF DADS COUNTY, FLORIDA, SAID VARIANCE BEING ALSO CONDITIONED UPON THS APPLICANT POSTING A PER?ORMANCS 80ND OR LETTER OF CREDIT IN THS AMOUNT OF S220,000.00 VALID TOR A FERI00 OF THREE YEARS FOLLOWING THS OATS OF THE ADOPTION O! THIS RESOLUTION TO GUARAMTE* THAT TNi REQUIRED PARKING WILL OS PROVIDED AND THAT THS CONSTRUCTION or TME SECOND !MASS Of TME APPLICANT'S PROJLCT WILL BE COMMENCED. 91— 779 Ex--'e,11--‘-rel` i IIIMMOOD 'Y L•ot+ FsioN Or . U 24 1991 JI- 92 it 1111141MO OIL ea11.1.1111 bearing c n g body .ill rig to render cbion. 92— 268 j m— ar t= ta a,•A!-1 t sef T a I! 2 4 NHEREAS, the Miami toning Board at its December 3, 1990, Item No. 2, duly adopted Resolution ! by a six to tern (6.0) vote granting a variance es h reinafter set forth) and WHEREAS, the Planning, Building and toning oe rtment of the City of Ntani has taken an appeal to the City C- iasion from the grant of the variance, and WHEREAS, the City Commission, after es ful consideration of this matter finds that there are pecuiiscircumstances affecting this parcel of land and that p ctical difficulties and unnecessary hardships exist which rid impair the owner's right to the reasonable use of the operty without the grant of variance as hereinafter eat fox ; NOW, TNERE?OAE, it IT A OLVED BT THE COMMISSION 0r THE CITY OF MIAMI, TLORIDAs mlc su bait. needs b be schen lee fora p in accordance whh tlmellnes set forth I Miami Cede. The applies tle decision-m re New Me information at the public h recommendation or Section 1. Te recitals and findings contained in the Preamble to this *solution are hereby adopted by reference thereto end inc- •rated herein as if fully set forth in this Section. Sect n 2. The decision of the toning board in this matter affirmed and the request for a variance from Ordinance No. 00, se amended, the inning Ordinance of the City of Miami, ri ide, Schedule of District Regulation•, Page 4 of S. 'Minimum n Spats Requirements', and *minimum Offstrset Parking Requirements,' and Article 20, Section 2000, Subsection 200S4.2.1, Section 2013 and Section 2023, Subsection 2022.4, to thereby allow the construction of a 70,02$ square foot commercial building; providing sere (0) el 210 required offetreet parking spaces; sero (0) of three (3) required etfstrmot loading bays, 0' front setback (10• required); 0' side street yard (7.3• required); S• side yard (42.0' required), 211•/31430 *Quito rut open apace (114S/34470.21 Square feet required), 17t/2,200.43 square feet of pedestrian open apace (211/11,474.1 square test • 2 • 91- 02 9177o2_ r 2S8 Peering City of 9 body Yea g to render to P 9! s O T S S* E This submtttal needs m .scheduled for In accordance velVdrnallnes set fort Miami Zrod. The applicable &old° review the information at the pub' reeommendali on or a required), and eliminating the required vision clse intersection of Biscayne Bouleverd and Northsast lath S the property located et 1e01-1e99 Biscayne Boulsv d, Miami, Florida, also described as Tract A, ?entetivs Pl No. 1390 - -CMINATOWN", as per plans en file dated Novo m• c 7, 1990, is hereby granted, said variance having a t limitation until March 2, 1991 in which a building permit e t be obtained, and being conditioned upon the followings (1 the e0 parking spaces (se indicated on plans on file dated •-'somber 79 1990) must be provided on the back portion of t black (the Northeast 4th Avenue property); (2) perking spec (es per plans on file dated November 7, 1990) Brost be ovidsd prior to issuance of Certificate of Occupancy; ( a Unity of Title for Tract A, whereby the Northeast Sth venue property shall not be sold seperately from the Iliac . (boulevard property, must be provided prior to issuance of a -wilding permit; (4) in the event thgt the applicant provides SO perking spaces et an alternate location in accordance th applicable City Code provisions and regulations, t applicant shall be exempt frog the requirement that these e des be provided on the back portion of the block: (3) said len must reesLve landscape plan approval by the nannies Building and toning Department of the City of Miami, !loci ) (i) any request for changes to the herein -referenced pl for perking spaces oust be presented at a public hearing of • Zoning Dosed, said request for public hearing to be initiated and veld for by the applicant► end (7) a covenant, whereby the applicant egress that the property will be subject to the heroin lieted conditions subject to the approval of the City Attorney. must be filed in the Public Records of made County, !Florida; said variance being also conditioned upon the applicant posting a performance bend er letter of credit in the amount of 3230,000.00 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the *applicant's project will be commenced. Yc hearing the Glry of Icing body will Bring to antler a decision 91- 92 9i - 779 92- 268 SUBSTITUTED i AOt 9-91 SAT 6 111111 NOTICE This sub.,. nee... scheduled for a in ccedencep timelines set forth' Th. Miami Cede. The applicable dec'slon- �Wewtbeation at the pu de �omm data rafi PZ-22- Section 3. This Resolution shell b*com immediately upon its adoption. hear ng e City o} ing rin om render a 439 PASSED AND ADOPTED this teen day of , 1991. CITY CLERK PREPARED AND APPROVED ITs . 7%tl& G. HIRIAN1IAER CMIEP ASSISTANT CITY ATTORN APPROVED AS TO PORN AND ORRECTNLSSI t C Y ATTOR CY GNM/rma/1b/K197 OR 91- 92 91- 779 92- 268 ublic bearing n the crtycr akin, body will aringm render aieecirion. J-91-756 10/24/91 RESOLUTION NO. A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 2 1991, WHICH HAD GRANTED A VARIANCE ORDINANCE NO. 9500, AS AMENDED, THE ZO ORDINANCE OF THE CITY OF MIAMI, FLORID ELIMINATING THE REQUIREMENT THAT APPLICANT POST A PERFORMANCE BOND 0 OF CREDIT IN THE AMOUNT OF $250,000 FOR A PERIOD OF THREE YEARS FOL DATE OF THE ADOPTION OF RESOLUTI TO GUARANTEE THAT THE REQUIRE PROVIDED AND THAT THE CONSTR SECOND PHASE OF THE APPLICANT BE COMMENCED; FURTHER BY ACC SAID BOND/LETTER OF CREDIT THE CITY BE PLACED IN A PO WITH RESPECT TO BOTH TH PROPERTY AND THE N PROPERTY; FURTHER BY DATE BY WHICH CONSTR BE COMMENCED FROM DATE OF ADOPTION THREE YEARS FOLL A FINAL CERTIF FIRST PHASE WAIVING THE JOIN IN APPLICANT; ADMINIST PROVIDI THAT, MORTG IN E M NG BY THE LETTER 0 VALID WING THE NO. 91-92 PARKING BE TION OF THE PROJECT WILL TING IN LIEU OF REQUIREMENT THAT TION OF MORTGAGEE BISCAYNE BOULEVARD THEAST 4TH AVENUE HANGING THE REQUIRED TION OF PHASE II SHALL REE YEARS FOLLOWING THE RESOLUTION NO. 91-92 TO NG THE DATE OF ISSUANCE OF CATE OF OCCUPANCY FOR THE THE PROJECT; FURTHER BY QUIREMENT THAT ALL MORTGAGEES E COVENANT REQUIRED OF THE RTHER CONDITIONED UPON THE CITY ION AND THE CITY ATTORNEY ASSURANCES TO THE CITY COMMISSION BEING PLACED IN SAID POSITION OF EE, THE CITY IS GUARANTEED AN EQUITY ESS OF $250,000. TIn submittal needs ro bescheMWm rcorrianawanemeiines xto rnlami code.Tne abpHmt deisi c rwlewttw inionnatlon atttthe . reoommendmonnr WHE 5, the City Commission at its meeting of January 24, 1991, dopted Resolution No. 91-92 granting a variance from ,< < o. P w c- : lam 7 .- w ri ! . ,_ tt 1r:) C.. . o L l.4as.sie 'Co PUBL,, SUBSTITUTED 0 Q ordinance No. 9500, as amended, the Zoning Ordinance of the of Miami, Florida, as set forth in said Resolution a copy f which is attached hereto as Exhibit "A"; and WHEREAS, said variance was granted subject to ertain conditions set forth in said Resolution; and WHEREAS, the applicant requests relief from th requirement that a performance bond or letter of credit i the amount of $250,000.00 be posted, valid for a period of three years following the date of the adoption of Resolu on No, 91-92; and WHEREAS, the applicant requests, in 1 eu of said bond/letter of credit requirement, that the Citli b= placed in a position of mortgagee with respect to both the iscayne Boulevard property, and the Northeast 4th Avenue prope y; and NOTICE Thls su tmhtal needs to be scheduled bra p In accordance wartmelines I todh Mani Cole. The applicable sion- reNewt a inbrmeton at the public M1: rrcommendationor a fin PZ-22-1 01/ /24 heanng of a bonyr ndm rendeeras cidm 39 IEwc0 WHEREAS, the applicant rem -eats that the required date by which construction of the se •nd phase of the project shall be commenced be changed fro three years following the date of adoption of Resolution o. 91-92 to three years following the date of' issuance of - final Certificate of Occupancy for the first phase of the e oject; and WHEREAS, th- City Commission, after careful consideration of this matter ag ees to grant the applicant's requests and to amend. Resolution . 91-92 subject to certain conditions as hereinafter set fort N THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF AMI, FLORIDA: -2- yj •- 779 92- 268 1711 SUBSTITUTED Section 1. The recitals and findings contained This submttel needs to de scheduled for p In accordance Wet tl rnai nes sec forth I Miami Cole. The appleetts decidon- reelewthe information et the pubic h recommendation or efin PZ-22-1 Preamble to this Resolution are hereby adopted by refere ce thereto and incorporated herein as if fully set forth i this Section. Section 2. Resolution No. 91-92, adopted J nuary 24, 1991, is hereby amended in the following particular "Section 2. The decision of Board in this matter is affirmed and for a variance from Ordinance amended, the Zoning Ordinance o Miami, Florida, Schedule of Distr Page 4 of 6, "Minimum Open Spa and "Minimum Offstreet Parking Article 20, Section 2008, Su Section 2013 and Section 202 to thereby allow the con square foot commercial b (0) of 316 required offst (0) of three (3) requir 0' front setback (10' yard (7.5' require required); 58%/31, (64%/34,970.21 squ square feet of pe square feet r required visio Biscayne Boul the proper Boulevard, A, Tentat plans o granted until must foe Zoning he request 9500, as the City of t Regulations, Requirements", equirements," and ection 2008.9.2.1, , Subsection 2023.4, ruction of a 70,025 lding; providing zero et parking spaces; zero offstreet loading bays; required); 0' side street ; 8' side yard (42.9' 9 square feet open space e feet required); 17%/9,200.43 strian open space (21%/11,474.6 quired); and eliminating the clearance at the intersection of and and Northeast 18th Street for located at 1801-1859 Biscayne ami, Florida, also described as Tract e Plat No. 1380 - "CHINATOWN", as per file dated November 7, 1990, is hereby said variance having a time limitation arch 2, 1991 in which a building permit obtained, and being conditioned upon the ing: (1) the 80 parking spaces (as cated on plans on file dated November 7, 1990) st be provided on the back portion of the block J Wo ds and/or figures stricken through shall be deleted. Unde cored words and/or figures shall be added. The remaining pro ;ions are now in effect and remain unchanged. Asterisks i icate omitted and unchanged material. hearing Clbe g body. no clnoto render -3- 91 - 779 92- 268 SUBSTITUTED (the Northeast 4th Avenue property); (2) park spaces (as per plans on file dated November 1990) must be provided prior to issuance Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior t issuance of a building permit; (4) in the ev t that the applicant provides the 80 parking sp es at an alternate location in accordance ith applicable City Code provisions and regul- ions, the applicant shall be exempt from the req rement that these spaces be provided on the bac portion of the block; (5) said plan must receiv andscape plan approval by the Planning, Buildin and Zoning Department of the City of Miami, Flo- de; (6) any request for changes to the herein-r erenced plan for parking spaces must be presend at a public hearing of the Zoning Board, --id request for public hearing to be initiated a d paid for by the applicant; and (7) a cove.-nt, whereby the applicant agrees that the pro••rty will be subject to the herein listed cond ions subject to the approval of the City Att• ney waivin howeveerr the requirement that all ortgagees o non said covenant, must be filed n the Public Records of Dade County, Florida; said variance being also conditioned upon th = Cit bein -laced in a osition of mort•a• Bisca ne Boulevard r ro-ert and the Northeast 4th Avenue ro•ert or an amount not ess t an • va-1i41p for a • riod of three years following the date of th Resolution to guarantee that the required p king will be provided and that the construct •n of the second phase of the applican s project will be commenced, said constr tion to commence within three years 0 o n• t o date of issuance of a €inal Cert t Occupancy or t e rst p ase o ect; sa d Amendment to Variance being itioned upon the City Administration t e ty Attorne _providing assurances to the it y Commission that by_ bein placed in a position mortgagee wit respect to of tide Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000 and upon receipt by the City -4- This submtttal needs to be scheduled for in accordance witimelines set to Miami code. The applica He nisi rexewthe information at the FRI recn mendationor PZ-2 oboe nearing the ciryor a Nine body AIL' ring to render el decision. 16/24 91- 779 92- 268 Mee Me- SUBSTITUTED Attorney of the following documents pertainin• both the Biscayne Boulevard Property an• t'`� Northeast 4th Avenue property: (a) a current appraisal; (b) opinion of title; (c) copy of current title insurance policy, all in a form acceptable to the City Attorne; and (d) such other matters as may be required by t Administration and the City Attorney." mlr subrd need; wbeacbeduie cco ny wim en,eimea Mla. Ccde. The appgrade .- reNewtlninbrmationattM .e<ammanaaeo Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of • tober , 1991. ATTEST: i 241'' 6..114.441.1."-m"--/ MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO •RM AND CORRECTNESS: A I MA/ 1 g;nb 2 489 -S- XAVI'.' .-UAREZ, YOR a public hearing h in the Cnyof -making body x1g Ilc hearing. render nnaie«.iann. -14439 1/16/24 91-. 779 92- 268 SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM • DATE: SUBJECT. REFERENCES This submRtal needs to be scheduled in accordance yob timelines set i Miami Code. The applies He to reviewthe information at the p recommendation Chinatown Project Am 1801-59 Biscayne 8o Resolution 91- Cesar H. Odio October 24, ENCLOSURES City Manager RECOMMENDATION It is respectfully recommended that the City Commi on amend Resolution 91-779, in order to clarify that the developer's existing quity in this property has to be readily accessible to the City without th necessity of undertaking any litigation or incurring any expenses to pay . f the first and second position mortgages, per the attached resolution. inpthe Cltyof n9 -rnaking bolt' rNll Aearing to rentl era naleautinn. 14439 BACKGROUND The Administration considers that it is ecessary to review the conditions of the variances granted for this project i order to clarify the risks involved in assuming a third mortgage position. In approving certain variances fo 91-92, January 24, 1991, as ame City Commission demanded cert adequate parking would be p adequate parking for the pr phase of the project withi On October 24, 1991, a City Commission instructed the Law. Department and the Administration to revw the equity offered by the developer to determine whether the City's monetary surances were adequately protected. Both the Law Dep tment (see enclosed memorandum) and the Administration believe that,: although ere is enough developer's equity, the City would have to pay off the existing- rst and second position mortgages of approximately $2 million, in order;to r'b able to access the' $250,000 monetary assurance offered by the applicant, parking and loading, as embodied in Resolution ed by Resolution 91-779, October 24, 1992, the monetary assurances from the developer so that vided in case that the developer could not build ect, or failed to commence construction on the second the established time frame. the possible cost and time of litigation. er.;information of the Commission, the effective date of the 'partial on permit to be issued onthis property, and the issuance of a foundation for: the new building, have been delayed pending this consideration. SUBSTITUTED CITY OF MIAMI, FLORIDA - -. • INTER:OFFICE MEMORANDUM .4 'O Cesar H. Odio City Manager FROM =t • G/11/k/g ui� Jones, I I I Cityorne OATS SUEUECT REFERENCES April 10, 1992 This s ibmral needs to be scbeduleb W a rcprdwIcewimemelines MlroamiCode. The applira He u�n- pion- m vtwintwdonatthe pubic rwomnanemonnran Amendment to Chi -town variance-Resolu• on No. 91-77: uc beanng e apof Ing bony.Wll ringto remlera ea�ieon. ENCICSURES (various) As you know, the amendment to the applicant by the City Commission pursu 91-779, adopted October 24, 1991, a co hereto, is conditioned, among other Administration and the City Attorney City Commission that, by being mortgagee with respect to the appl Northeast 4th Avenue properties, t in excess of $250,000." I have reviewed all doc including Gary Brown's lette applicant's attorney's leg which I enclose a copy. I documentation which sho principal balance of t estoppel letters from set value is set applicant, there 'r $250,000. Howeve ability to obtai Specific to either pr of the'msec forth in declare against City` to 0 pai f ariance granted the t to Resolution No. of ,which is attached hinge; "upon the City oviding assurances to the aced in the position of ant's Biscayne Boulevard and City is guaranteed an equity ents submitted by the applicant, of April 18, 1992, expressing the opinion regarding this matter, of my opinion the applicant has provided that, after deduction of the unpaid mortgages identifiaad in the mortgagee he fair market value of the property, as orth in the appraisal submitted by the ains an equity in the land in excess of I have serious concerns regarding the City's ready access to the $250,000. y, in a scenario where the applicant were to fail ide the required parking or commence construction d phase of the project within the time frame set solution No. 91-779, the City's recourse would be to e mortgage in default and initiate foreclosure action he applicant. This course of action would require the pay off the existing first and second mortgages in order ain the .5250,000. The mortgages which would have to be off, and the parcels burdened by said mortgages, are as lows: 1. Lot 2, Block 6, National Bank, ,ys,,,$158,717.55 Third Amended Map of Miramar, Eastern pay-off balance as of • 3/12/92 92- 2'68 - SUBSTITUTED This submittal needs to Pe scnedu lee for in accordance lash timelines setnito Miami Code. The applica He d 'slo reWewtM information att. publ' recommendation., Cesar H. Odio, City Manager April 10, 1992 Page 2 2. Lots 13 and 14, Block 6, Third Amended Map oMiramar, Citicorp Mortgage Inc., pay-off balance as of 3/16/92 $207,632.22 3. Lot 12, Block 6, Third Amended M of Miramar, tnteramerican Engineering Corp., pay-o f balance as of 3/2/92 $155f745.48 4. Lots 3, 4, 6, 7, 10 and 11, Block •, Third Amended Map of Miramar, 1st mortgagee, Con ulidated Bank, N.A., pay-off balance as of 3/31/92 381 650.00 5. Lots 3, 4, 6, 7, 10 and 11, = ock 6,,Third Amended Map of Miramar, 2nd mortgagee ouis L.* LaFontisee, Jr., pay-off balance as of 3/18 2 $474,324.00 In a different scenario, if e applicant were to default on one of the existing first or se .nd mortgages, and said existing first or second mortgagee wer to initiate foreclosure action against the applicant, the ity would be forced to either intervene in the foreclosu action or exercise its right of redemption by paying off the senior mortgages, as indicated above, to obtain the $250 d00 from the equity remaining after the foreclosure sale. In either case, he City would be in a position where it would have to make expenditure, which could be in excess of two million dollar in order to obtain the $250,000 equity upon which the variant; is conditioned. In either case, the City would have to get involved in protracted a costly litigation which may even require the engagement o' expert outside counsel in order to obtain access to the $250,00 equity. M023/AQJ •jr/ra ,endlos . es ergio Rodriguez Assistant City Manager/Director Planning, Building & Zoning Department Guillermo Olmmdillo, Deputy Dire r\ Planning, Building and Zoning Depar ent G. Miriam Maer, Chief Assistant City Attorney -Irma. M. Abelia, Assistant City Attorney. • 92 268 bYc beaang me aye a king bptly tN41 ring to rentl era leeoidon. APR-29-1992 ee:52#'M FRCP' DFFICERS alainaan KERN/AD EVSCOVTCH Virg Chen -men ALAN IL EAST.MAN Stewed" YII(.HA LI. D. RINERR Trripyrt. DTNIS RIM MATTI BOWER M. BETTYGUTIERREZ 'MITI' ROOT BOARD 07 DIRECTORS All Offitert SiI Ott Bowl JAJ. ET APTAKLR J.F. DONNELLY JUSt3 MRNAN DIX RI(11ARn SeX)TT C01A.AI ER TICORN CAA FTON COHAN C. LEONARD, Ill I. STANL.EY LEVINE J OUT LON DON ARINTTDFA MII.1A$ DOI 11 MYTIM 14r.EBERT0 ROSA K % 1I1 S(,VARES IAURIE aVe1DRUE LMANI% W. N71JIi1.M TRUSTEES MWOl. %O\..I1:. CJlsirstan E. RI(HARD AIIIADEFF Al. AlSCHlU1.ER MY VAN KYE AI.C11eu K LYNN EERYSTED: HON. ELAINE B1GUN sTtIVPN DROOrt OR ANNtLLA DOWN MIANI CAMBER ANDREW CAPITMAN QIAR1 ZS CINNAMON SAND RA C001 MAKCARET DOYLE J(JDY ORVCRER AND RFA DUAYY St:TH CORDON LYDIA HARMON RICAARD NOCARMA.. D. & MU. JANES jl'Ut. NEISE.N RASDIN &ARRY KLEIN HR. r MRS RICHARD A XLEIN MOP3JS LAMA DAvrn t.r;DDICR IRA L1KRER L N PEGGY LOAL DR EINLST mums Ir. MATIHEWS. III CiUSTAVO NOVOA ARVA MOOR& PARRS MALZA ?ELJ.RRIN E1.ILUILTH PIA •.YD[RR $USAN L CRAIc ROSINS JUDGE ROSIKSON SVSAN • MILD DDIN13 . • U. tDITH &IEGLI. ER - ,NCU Na0C01. Y L !ITEIN CLTEVE DIRECTOR NANCY ULSMAM i SUBSTITUTED MIAMI DESIGN PRESERVATION LEAGUE POST OffltE 81N L MWM EDERCH. FIORIDR 33110 (305) 672-2014 FAX (30S) 0724319 April 30, 1992 Mayor Xavier Suarez Miami City Commissioners 3500 Pan American Drive Miami, Florida 33143 Dear Mayor Suarez and Miami City Co'triesionera, The Board of Directors of the Mi:11 Design Preservation League wishes to e •ress its concerns regarding the historic Prisci a and Algonquin Apartments. The Board urges he Miami City Commission at its meeting t- s evening to take all necessary steps to protec the public interest in matters regarding the Ch atown project, a plan which includes demoliti• of the two National Register listed and 1• ally designated historic properties. The Preservation ague is the non-profit organization tha listed the Art Deco District on the National Re liter of Historic Places. We were founded in 197 and have made important strides in protecting thistoric Miami Beach neighborhood. We ask th= iami City Commission to recognize the impact o Art Deco District on the South Florida communi , and use our success story as a model to justi preservation through out Dade County. Care •1 protection of historic landmarks such as the Pri ilia and Algonquin would insure the integrity o new development on Biscayne Boulevard. efore allowing the demolition and building permits for the Chinatown project to proceed, it is imperative for the Miami City Commission determine that all legal and financial aseurancee.are in place and are in the best interest of the public good. It is the L,eague's opinion that adaptive reuse of the landmark apartment structures would provide quality developale ion i _si B„ou''�' ygrd in the same way as the pnh.�nr� mco record in connection iith item Pa-Z./Lon 1/J, 92 Malty Hirai 9 2 - City Clerk NOTICE This su bmtttal neeod to be scnenuleb for pub rco ce waLibnes xtonnint Miami code. The spoutsraHe decision-rna,' rview Me Intonation at the public he recemmentlatlon or a final BARB A BAER C.APITM.AN I.t'.<1 RIt l.. HCIROWITZ 1• dn. 268 1.11111. ----------- APR-29-1992 08:59FM FROM 285 (Q PUS&, • SUBSTITUTED 0 0 IP NOTIC This submittalneetls to be scheduled in accordance wM tlmellnes set f Miami Code. The applicable dens' review the Information et the recommendation o District has created a renewed vitality for ami Beach. PZ-2 public hearing In the City of -making body sell) hearing to render a naldecidon. 4439 V' Q VIEW C°' There appears to be a more enlightened - titude for the preservation of the Boulevard vie vie the donation of Sears; the renewed leas= on the Boulevard Shope; strong community c •port for the designation of the Bayside and Mor• ngside historic neighborhoods; and a new plan to eturn the Port of Miami to its historic 1920's 1• -tion. Our organization encourages the Mi-d City Commission to continue this preservation m The League urges the City protect the public's inte to demolish the Algonqu until such time as Mr. city with the require bond. It is not in citizens of Dade Co apartment buildin development requ Boulevard beyon requirements Mr. Shih. • Miami. Commission to st and reject all efforts and Priscilla Apartments saac Shih can provide the $250,000 cash performance e best interest of the my to loose the landmark unless Mr. Shih ieets every ement necessary to alter Biscayne its present status. Those et be met with a good -faith effort by . . It is time for the commission to bring the Chinatown issue to losure or guarantee to the public that the full ec .e of the project is financially secure. Little as been done to enhance Biscayne Boulevard over •e pilot three years and the historic Priscilla and gonquin properties continue to deteriorate. It ill be unconscionable for the City of Miami to ow these historic properties to continue to be hreatened with demolition, orbecome just another barren Biscayne Boulevard parking lot. er i1► e cy L . e ?f, . n Chair vernmen al Affairs Subn-ijt ed into the public record in connection with item 2., on 268.: /16/24 1b/attyrHirai 92 City Clerk TOTAL P.02 SUBSTITUTED Prepared by and Return to: D. Bradley Hester, Esq. Joseph D. Ort, P.L. 1305 E. Plant Street Winter Garden, FL 34787 1111111111111111111 Parcel ID Numbers: 01-3231-051-0010; 01-3231-051-0011; 01-3231-003-0360; 01-3231-003-0370; 01-3231-003-0390; 01-3231-003-0400; 01-3231-003-0440; 01-3231-003-0450; 01-3231-003-0460 SPECIAL WARRANTY DEED C F N 2.0 OR BK 31717 s.3UR i`AX .irlf{ tt... tee , MTAi1--iir;I:l This submittal needs to be schedul accordancein with timelin Miame, Ccde. The applirade d renew the fe atinnatih recomme ra pubic hearing oral In the City of ion -making body rnll bhc hearing to render a I a final tleeld On. -14439 • 1 /1 6/24 THIS SPECIAL WARRANTY DEED, made the day of Dec- ber, 2019, by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partners ' ., whose address is 3804 Bailey Ave., #E1, Bronx, NY 10463 (the "Grantor") to and in favor of 17 P ZA LLC, a Florida limited liability company, whose address is 425 N.E. 22nd Street, Suite 301, Mia FL 33137 (the "Grantee"); (Whenever used herein the terms Grantor and Grantee include all t parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the ccessors and assigns of corporate entities, trusts and trustees.) WITNESSETH, that Grantor, for and in consideraion of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration p d to Grantor by Grantee, the receipt and sufficiency whereof is hereby acknowledged, has grant- , bargained and sold to Grantee, and Grantee's successors and assigns forever, the following descrid land, situate, lying and being in Miami -Dade County, Florida, to wit: SEE EXHIBIT " ATTACHED HERETO. SUBJECT TO real estate taxes an• . ssessments for the year 2020 and subsequent years, which are not yet due and payable, and covena. , conditions, easements, and restrictions of record; provided, however reference thereto shall not sery ' o reimpose same. TOGETHER with all the nements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO OLD in fee simple forever. AND Grantor he •y covenants and warrants to said Grantee, and its successors and assigns, that Grantor is lawfully sei of said land; that Grantor has good right and lawful authority to sell and convey said land; that Grant hereby warrants the title to said land and will defend the same against the lawful claims of all perso . . claiming by, through or under Grantor. (The Grantor's signature is on the following page.) {00328290) Book31717/Page1242 CFN#20190759970 Page 1 of 3 SUBSTITUTED IN WITNESS WHEREOF, Grantor has caused these presents to be duly authori and by those thereunto duly authorized, the day and year first above written. Witness #1 Print N Witness #27f-4— signature U 4Rr4 , cl& vcs Print Name STATE OF FLORIDA COUNTY OF %"/i Qi'7i he foregoing instrument was acknowledg this S( ay of December, 2019, by Isaac Shih, Florida limited liability company, as the Gene Florid imited partner ip, on behalf of the . [ produced or- 1� [AFFIX NOTARY SEAL] MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partn NOTI Thls subm6tal needs to be schedul In accord ante with timelines s Mlemi Code. The applicable d revew the Inomenan at th datlo ra public hearing rill In the Clly of ion -making body will blic hearing to render a a final deciaon. -14439 1 /1 6/24 By: ELFC Holdi gs, LLC, a Flor' limited liability com ny, its Gener. ' artner By: lui111/Aptt Isaac . hih . ole Mem e - r before me in the State and County set forth above ole Member and on behalf of ELFC Holdings, LLC, a Partner of Miami Chinese Community Center, Ltd., a ited partnership. He is [ ] personally known to me or Yas evidence of ide, Notary Publip/Signature Typed or Printed Notary Name Notary Public -State of Florida Commission No.: i (00328290 } 2 • Fs:"�: t s, ;;: MY COMMISSION # FP 939884 „_ • EXPIRES: March 30, 2020 OLGAL DUQUE k. • Bonded Thni Noh7 Public Underwriters Book31717/Page1243 CFN#20190759970 Page 2 of 3 SUBSTITUTED EXHIBIT "A" Parcel 1: OR BK 317 L AST PAG This submtal needs tolx•schedu in accordance with timelines s Miami Code. The applicable d renewthe information at PI mmrnmendaao Tract A, China Town, according to the plat thereof recorded in Plat Book 140, P 'e 48, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lots 1, 2, 6, 7, 10, 11, and 12, Block 6, Miramar, according to the plat ereof recorded in Plat Book 5, Page 4, of the Public Records of Miami -Dade County, Flori (00328290( 3 ra pubbc hearing orth in the City of Ion making botly Vll bhc hearing to render a final deela on. -14439 Book31717/Page1244 CFN#20190759970 Page 3 of 3 LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01 °40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01°40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87°48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR. THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01°40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE N. 87°48'20" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S. 01°40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR. (M) MDCR P.B. PG. P.O.B. (R) R/W (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRIP BOUNDARY SURVEY. DATE: 07-26-2023 AUTHENTIC COPIES OF TH SHALL BEAR ORIGINAL S ATTESTING PROFESS! DATE: 07-26- 123 NORTH N DOES NOT CONSTITUTE A SKETCH AND LEGAL DESCRIPTION ATURE AND THE RAISED SEAL OF THE AL SURVEYOR AND MAPPER. SCALE: 1" - :0' JOB ORD' ' ^ 237849 CADD: PLAZA-TPLAT.dwg DRA BY: A.D. F. PG.: N/A E NO.: A-1412 HEET: 1 OF 1 a O SUBSTITUTED 50.00' 50.DO'' N.E. 1 9 t h STR NAVANA AVENUE PI LATL "E 260. 23' a 260.00' mn1 N87. 46' 20"E 260. 3' (91). 260.09' (M) I SOUTH RM/LINE OF 70'RIGHT-OF-WAV A N.E. 10th STREET 1" N87° 48' 20"E 65.22' .O N . E . This submittal needs to be schedu in accordance whhbmellnes Kam Dade. The appketle b reNew Tne lntormativn at th n commendatio PZ- N07"48'20"E 105.00'II1 LOT 1, BLOCK9 P.B. 5, PG.4 MDCR N.V/. CORNER LOT 2, BLOCK 6 N87° 4 .CORNER 7 BLOCK 6 E 105.00' Rls Ls 11 (TY . S.a. T ',B e.K' ID e. ,, C. N S T IN 'OFF 1 •,B C T Of.�[6 S87° 4820^W 10AA0 N87° 48' 20"E 115.00' S87° 48' 40"W 180.22 70' RIGHT-OF-WAV 1 8 t h N87°48'40"E 2.0.22' NST48'40"E 280.�2' STREET r a public hearing ortman the City of lung body will btin hearing to render a a final decision. -14439 1 /1 6/24 0001 P.O B.I S.E. CC R ER LOT IO,BLgCKB SOUTH PENINSULA SURVEYING, CORP. Digitally signed by Santiago Dominguez Date: 2023.07.27 11:44:49-04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No. 6698 STATE OF FLORIDA. I5'I 30.0(11 L _103A11041 No.6698 211fTs.•.;ZSTATOREI; GF • 4 f s I to s - I5T'l UR001, SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM SUBSTITUTED Addresses and Folio Nos. o PU$c/ L 0 rN. NOT! This submittal needs to be schedut. r apublic hearing in accordance with timelines - orth in the City of Miami Code. The applicade b. -making body renew the information atth= bdc hearing to render r&ommendsto- afinal decia on. PZ Address Folio No. ;am . 1 /16 elit 1825 Biscayne Blvd 01-3231-051-0010 1819 Biscayne Blvd 03-3231-051-0011 1844 NE 4 Avenue 01-3231-003-037 ; 1840 NE 4 Avenue 01-3231-003-' 90 1824 NE 4 Avenue 01-3231-1 . -0400 1820 NE 4 Avenue 01-32-003-0440 331 NE 18 Street 01 . 31-003-0450 327 NE 18 Street I 1-3221-003-0460 14439 /24 �4 cao�4 DAT MICROFILMED 6i)c4 .} DEPUTY CLERK, CIRCUIT COURT IE 15481 PCO6D2 11EC. DECLARATION OF RESTRICTIVE COVENANTS This submRtal neetls b be schedu ccordanrcwithtimelines - Mlerni Code. The appliwtte d rSewtheinto melon atth recommendko 9 THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declar�'c made by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida partnership (the "Owner") in favor of THE CITY OF MIAMI FLORIDA, a municipality of the State of Florida (the "City"). W ITNESSET H: WHEREAS, the Owner holds fee simple tie to certain property in the City of Miami, Florida, lega y described as and consisting of: ra pubc hearing orth In the Clly of ion-rniingbcdy0a bic hearing to render a rafinaldeciaor -14439 1 /1 6/24 All of Lots 3 and 13, Lots 4, the West 40.00 feet thereof alley lying North of and a and the 10.00 feet alle adjacent to said Lot 9, known as the "THIRD according to the Plat t Book 5, at Page 4, of County, Florida, and commonly described as 1 imited 8, 9 and 14, less and the 10.00 feet acent to said Lot 5, lying South of and ock 5, "MIRAMAR" (also NDED MAP OF MIRAMAR"), reof, as recorded in Plat the Public Records of Dade • 1 - 1859 Biscayne Boulevard, Miami, Dade County, Florida (the Property"), and WHEREAS, the Owner is presently an applicant before the City of Miami's Planning, uilding and Zoning Department for certain building permits c-nsisting of foundation and demolition permits (hereinafter th= "Permits"), for the Property; and WHEREAS, he Owner desires to make a binding commitment- to assure tha if issued the Permits, it shall abide by all terms and cond ions of this Declaration; THEREFORE, the Owner voluntarily covenants and agrees tha the Property shall be subject to the following restrictions are intended and shall be deemed to be covenants running with the land, binding upon the Owner, its successors and assigns, as follows: N !fi ri N 4 r4 ce M 0` SUBSTITUTED cAt a ;F1,ti1 ,-(.].;E-, .'''�' E.. DEPUTY CLERK, CIRCUIT COURT °ft 15481 PPO603 1. RECITALS. The recitals and findings set fo preamble of this Declaration are hereby adopted by thereto and incorporated herein as if fully set forth Section. 2. PERMITS AND PLANS HELD IN ESCROW. All P mits and/or Thlssubnit eedsto be schetlu accord ante with timelines Miami Ccde The applies de d rexew the inf©anaaon at th recommendabo plans approved by the City in accordance with th r a public hearing orth in the City or ion-maingbodywilL bic hearing to rentler a a hnal decitlon. -14439 1 /1 6/24 this provisions of this Agreement shall be held in escrow by the ' ilding Official of the City of Miami, (the "Building Off ial"), until the following conditions have been satisfied: a. All technical requirem is for the Permits, including but not limi ad to the requirements of the City's Departmen s of Public Works and Fire, Rescue and Inspec on Services and Dade County's Department of E, ironmental Resources Management, ("DERM"), ha = been met, to the satisfaction of the Buildi Official; and b. All cond tions of the variance granted the Owner by Res lution No. 91-92, as amended by Resolution No. '1--779, and as further clarified by the City C ission of the City of Miami, (the "City Commission"), at its meeting of April 30, 1992, except for the conditions which require (1) the provision of 80 parking spaces (as per plans in file dated November 7, 1990) prior to the issuance of a Certificate of Occupancy, and (ii) that the construction of the second phase of the Owner's project be commenced within three years following -2- SUBSTITUTED DEPUTY CLERK, CIRCUIT COURT PUBt, E►°ECFF:15481PG06Q4 the date of issuance of a final Certi Occupancy for the first phase of the project, have been satisfied; and c. All documents upon the receipt of ich the variance granted by Resolution No. 91-92, as amended by Resolution No. 91-779, nd as further clarified by the City Commission t its meeting of April 30, 1992 1s conditioned have been received by the City Attorney of th City of Miami, (the "City Attorney'), in a foacceptable to the City Attorney; and d. Evidence of payment f the City's impact fee and Dade County's impa• fee pertaining to the Owner's project, to t satisfaction of the Building Official, has seen provided. 3. NO CONSTRUCTIO OR DEMOLITION TO TAKE PLACE. No construction or demol ion, pursuant to the Permits, nor any other activity req ring permits from the City's Planning, Building and Zoni Department shall take place at the Property until such time hat the conditions enumerated in paragraph 2(a) through 2(d) =reinabove, have been met. 4. I 'EMNIFICATION. In consideration of Ten Dollars ($10.00) .nd other good and valuable consideration received from the Ci , Owner hereby agrees to indemnify and save harmless, and cov= ante not to sue the City, the Building Official, and any and a of the City's agents and employees from, or in connection with, any and all claims and demands of whatever nature CI 0 49 NOTI Thls submRtal neetls tc be schetlu organ ewwh shoes= Mlarni Cotle.ihe applira He tl rexewihe Intcnnatlan at th reeommentlali PZ- ra public hearing u rtman the City f king bcdy will btic hearing to render a final deciaon. -14439 1 /1 6/2 IEW 4 ON,`" cod -3- SUBSTITUTED 1 .i I1:11 . PUBS/ DEPUTY CLERK, CIRCUIT COURT Cr 42. 0 u 15481110605 (including allegations of negligence or willful condu City, the Building Official, or any agent or employee Thlssubrn Lneedc to be schedul ccordance with timelines s Mlemi Code. The applicade d rexewthe information at th recommendatio PZ- r a public hearing orth inthe Cityof making body.W. blic hearing to render a a final decieon. -14439 1 /1 6/24 !EW C°' City) arising out of or in connection with this Dec ration and/or any of the covenants contained in this D- laration including the covenant whereby the Building Officia shall hold in escrow all Permits and/or plans approved b the City in accordance with the provision of this Ag'-ement, and to immediately undertake and assume full respon=.bility hereinafter for the legal defense and representation, i cluding the full cost and expense thereof, of the City, the B ilding Official, or any agent or employee of the City, in su causes and in connection with any and all causes of action rising thereunder, or which could arise thereunder. 5. EFFECTIVE DATE. Th instrument shall constitute a covenant running with the t tle to the Property and be binding upon the Owner, its succe-.ors and assigns. These restrictions shall be for the limit ion upon all present and future Owners of the Property. 6. AMENDMEN AND MODIFICATION. This instrument may be modified, amend -• or released as to any portion of the Property by a written nstrument executed by the then Owner of the fee simple tit - to the land to be effected by such modification, amendmen or release providing that same has been approved by the City C isaion at a public hearing which public hearing shall be app ed for and at the expense of the Owner. Should this i strument be so modified, amended or release, the Director of the Planning, Building and Zoning Department or hie successor, -4- SUBSTITUTED DAT MICROFILMED PU$4.iC DEPUTY CLERK, CIRCUIT COURT ElfE 15481fC06O6 HEC. shall execute a written instrument in records 6 G 0 Thissubmittal needs to be schedul in accordance with tlmellnes s l Mlami Code. The applicable d rt reltlewthe information at th recommendat effectuating and acknowledging such modification, amendm release. 7. TERM OF COVENANT. This voluntary covenants o of the Owner shall remain in full force and effect binding upon the Owner, its successors and assigns period of thirty (30) year from the date th recorded in the Public Records of Dade Co automatically extended for successive peri thereafter unless modified, amended or expiration thereof. 8. INSPECTION AND ENFORCEM agreed that any official inspecto at any time during norm investigating the use of conditions of this Decl enforcement action may action at law or in or attempting to either to res prevailing recover co provisio PZ- r a Ru b�c hearing orth the City of -making bcdyxill Lc hearing to rendera asnaleedaon. -14439 1 /1 6/24 VIEW CO# the part d shall be or an initial instrument is ty, and shall be s of ten (10) years released prior to the It is understood and of the City may have the right al orking hours, of entering and t Property to determine whether the ation are being complied with. An brought by the City and shall be by quity against any party or person violating violate any covenants of this Declaration, ain violations or to recover damages. The ty in the action or suit shall be entitled to s and reasonable attorneys fees. This enforcement shall be in addition to any other remedies available under he law. 9. SEVERABILITY. Invalidation of any one of these venants by judgment of Court shall not effect any of the other provisions of this Declaration, which shall remain in full force and effect. • • -5-- SUBSTITUTED • affixed by seal this My Commission Expir N{iL•,R'e' !y l ' M027/IMA „I s MI f�C.... DEPUTY CLERK, CIRCUIT COURT 11ilcEf.. 1 548 l PG0607, k 10. RECORDING. This Declaration shall be filed among the Public Records of Dade County, Florida, at the the Owner. IN WITNESS WHEREOF, the undersigned have set their 'ands and Thissubmmalneebsto m scneeel ccnrnanu..ib,bmeline e emi Cotle.The a .tHe b rwtexel Informationonetth recommendko seals this WITNESSES: ri day of 4.1 t r /—' 1, 0.1 STATE OF FLORIDA COUNTY OF DADE ) SS: ) BEFORE ME, the undersigned SHIH, as President of MIAMI CH corporation, as general partne LTD., a Florida Limited Partn on behalf of the limited part who has produced take an oath. , 199 . r a puboc nearing oft in the Oty cf ion mabing body Mc hearing to renderer . a a final decision. -14439 MIAMI CHINESE CO UNITY CENTER, LTD., a Florid: limited partner- ship By: MIAM - NATOWN DEVELOPMENT CORP. a Florida corporation By: IS C '.HIH, President thority, personally appeared ISAAC ATOWN DEVELOPMENT CORP., a Florida of MIAMI CHINESE COMMUNITY CENTER, ship, on behalf of the corporation and ership, who is personally known to me or as identification, and did IN WITNESS WHEREO', I have hereunto day of r/ I , . -6- subscribed my name and Notary Public, Stap3�rr_ia;; Print Name: r � arr lnrn IN nipors4t RFroRoss ocil cOONIT, tiORroA. RI: t)14.. 1 hhli,ld MA r,l Circltit & County Coons SUBSTITUTED DATE MICROFILMED OURTHOUSE TOWER 'LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT This Instrument Fins Preparad By - CARY L. 13R0A ,N,. ATTY. BEDZOW P.N8 I:ORN, P.A. 11077 P.O. bu, t. •Ii:02 IAiami. Flun;Y I ti _ yr.? 6ED2 IiE°C.: 15761 n2.913 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the tion") made by MIAMI CHINESE COMMUNITY CENTER, LTD_, a limited partnership (the "Owner") in favor of THE CITY OF M FLORIDA, a municipality of the.State of Florida (the "City" 0 4- NOTIC This submittal needs to be scheduled for in accordance with timelines set tort Miami Cote_ The applicable becisio review Me Information at the publi recornmendaeon or W ITNESSET !I: WHEREAS, the Owner holds fee simple title to c erty in the City of Miami, Florida, legally des consisting of: (the Lots 2, 6, 7, 10, 11 and 12, Block MIRAMAR SUBDIVISION a/k/a THIIRD AMF.. OF MIRAMAR, according to the Plat th recorded in Plat Book .5, Page 4 Pubiic Records of Dade County, Flo "Property"), to which it also holds f WHEREAS, the Owner is presently an of Miami No. 9500, Miami for Commission for certain as amended, of the Zonin the real property legally A11 of Lots 3 and 13, less the West 40.00 10.00 feet alley lyin to said Lot 5, and' t South of and adjace "MIRAMAR" (also kn MAP OF MIRAMAR") thereof, as redo 4, of the Pub Florida, and commonly Dade County, which it also described Florid holds WHEREAS, the assure that th shall be dev Declaration; NOW, that the 'subjec be d Ow PZ-22 0 bGo hearing e Ci of a king body will ring to rentl era [decision 4439 6/24 R'FVIEW GO tain prop- ibed as and 6, of F.D. MAP roof, as of the d a simple title; and plicant before the City riances from Ordinance Ordinance of the City.of described as: is 4, 5, S, 9 and 14, eet thereof, and the North of and adjacent 10.00 feet alley lying to said Lot 9, Block 6, wn as the "THIRD AMEMDED , according to the Plat ed in Plat Book 5-, at Page c Records of Dade County, as 1801-1859 Biscayne Boulevard,_ Miami, (the "Biscayne Boulevard ee simple title; and -Owner desires Property"), to make a binding commitment to Property and the oped in accordance HEREFORE, the Owner Biscayne Boulevard with the provisions Property of this voluntarily covenants and agrees Property and the Biscayne to mod the following restrictions Boulevard Property shall be that are intended and shall to be covenants running with the land, binding upon the r, its successors and assigns, as follows: SUBSTITUTED KORN KAN S GLASER. P.A.. PENTHOUSE SUITE. .1077 BISCAVNE BLVD.. P.O. 11110X GI- 9002, MIAM4. FL 33161 9002 . 430S, 095-2520 1 f!4_cOURTHOUSE TOWER { Zeta lsf..i]✓t��� .DATE. MICROFILMED ' LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT -COURT SUBSTITUTED °`�� 15761 ?Gz914 REC. 1. RECITALS. The recitals and findings se the preamble of this Declaration are hereby adopted by thereto and incorporated herein as if fully set forth Section. 2. PARKING. The Owner shall, prior to the by the appropriate City department o-f a final certif' occupancy, for the improvements to be constructed on th Boulevard Property, construct, on the Property alternative location, in accordance with applica provisions and regulations, in effect at such t parking for no less than eighty (80) automobile file with the City of Miami Dated November 1, 3. EASEMENT. The Owner shal completion of Paragraph 2 set forth abov place of record in the Public Records easements of access, use and ma i agreements, which easements or agree of the City Attorney of the City inter alia, that the eighty (3► available to provide automo _lc Biscayne Boulevard Property. 4. LANDSCAnE_ Biscayne Boulevard Prope the City's Planning,- Bu 5.- EFFECT pending applicatio become final and covenant ru Biscayne Boul successors n benefit o- the Pro' publi and enance This subrnmal needs to be scheduI. in accordance wlth hrn dines s wheIn.ormtinat tth revue Miami C d I .Tort applica on at th rtcommendah ra public hearing 6 in the City of king body e LL bbc hearing to render a finaldecison. -14439 1 /1 6/24 ance ate of Biscayne or at an city code • automobile as per plans on 990. , at the time of execute, deliver and f Dade County, Florida, or similar type nts shall meet the approval of Miami, and shall provide, parking spaces shall be made parking exclusively for the AN. The landscape plan for the y shall be subject to the approval of lding and Zoning Department. E DATE. Upon City approval of the Owner's for variances, and after said approval has on -appealable, this instrument shall constitute ing with the title to the Property and the ward. Property and be binding upon the Owner,- its assigns. These restrictions shall be for the limitati- on upon all present and future owners of rty and the Biscayne Boulevard Property, and for the welfare. 6. UNITY OF TITLE. The Owner shall not sell or vey the Property or any portion of the Property separately. rom the Biscayne Boulevard Property or any portion of the O20W HORN IIAN 6 GLASER. P.A. PENTHOUSE SUITE. 11077 BISCAYNE BLVO.. P.O. HO%61 - 9002, M1AMI, FL 331131 -9002 • 13051 895-2520 �:�11wuvai'inira -Loom-am IR mo narr_ssxsa r • DATE MICROFILMED LOCATION CAMERA OPERATOR. DEPUTY CLERK. CIRCUIT COURT • PURL, SUBSTITUTED IE.. 157611' 2915 REC Biscayne Boulevard Property until Owner has .met conditions set forth in Resolution Mo. 91-92 of the Cit as amended by Resolution Mos. 91-779. and 92-268 of the Miami. (1 Id 4- 4 NOTI ThIl submitlal neetls to t achedu c<olnana wp nmehness Mlami Cotle_The apptl reMew Mein brmationa al P1 dh recommentlatlo 7. AMENDMENT AND MODIFICATION. This instrume be modified, amended or released as to any portion of t erty or the Biscayne Boulevard Property by a written executed by the then owner of the fee simple title to be effected by such modification, amendment or rel that same has been approved by the City Commiss• hearing which public hearing shall be applie expense of the owner Should this instrum amended .or released, the Director of the P Zoning Department or his successor, sh instrument in recordable form effectuate modification, amendment, or release. 13. TERM OF COVENANT. Th part of the Owner shall remain in f be binding upon the Owner, its initial period of thirty (30) is recorded in the Public P automatically extended for thereafter unless mo3ifi expiration thereof. 9. Ins ec agreed that any offi at any time dur investigating th Property to are being co the City o or the B• or in to vi vio a de PZ- r a pu btc hearing orth in the City of -ma!ing body will . hearing to render afinal deciaon. -14439 1 /1 6/24 !EW CO t may e Prop- nstrument he land to se providing n at a public for and at the t be so modified, nning, Building and 1 execute a written g and acknowledging such s voluntary covenant on the 1] force and effect and shall successors and assigns for an ars from the date this instrument ords of Dade County, and shall be uccessive periods of ten (10) years 3, amended or released prior to the on and Enforcement. It is understood and ial inspector of the City may have the right ng normal working hours, of entering and use of the Property and the Biscayne Boulevard ermine whether the conditions of this Declaration lied with. An enforcement action may be brought by by any property owner within 375 feet of the Property cayne Boulevard Property and shall be by action at law uity against any party or person violating or attempting late any covenants of this Declaration, either to restrain Lions or to recover damages. The prevailing party in the ion or suit shall be entitled to recover costs and reasonable OW KORN KAN 6 GLASER. P.A.. PENTHOUSE SUITE. I1077 BISCAYNE BLVB.. P.O. O0%01- 0002. MIAM1. FL 33101-B002 • 13O3r 005 - �l DATE MICROFILUEO t 1IR '* LOCATION PUBtic O attorneys to any fees. CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT „FF. 15761 PG29 1 6 RFC. This enforcement provision shall be other remedies available under the 10. Severability. covenants by judgment of law. Invalidation of any one Court shall 0 Q. 4V ThIs submRtal needs [o Ie schedu t MIaccord ante wlln Gmelincs s mi Cotle. he appllubL d I• rerlewtheinfornation atth M.° not effect any of th provisions of this Declaration, which shall remain in ful and effect,provided, however, that such invalidatio grounds for the City to tions applicable to the Property. amend the zoning 11. Recording. record among the Public Records of Dade cost of the Owner. IN WITNESS WHEREOF, seals th' s / y71 day of Property and/or WITN the This undersigned and/or land - the Biscay Declaration .sha County hav err_, 'mot roc cr�ch :3 . T STATE OF FLORIDA COUNTY OF DADE ) ) BEFORE !•'.E, the under ISAAC SEIITH, as President Florida corporation, a - COMMUNITY CENTER, LTD., of the corporation and is personally known to identification and di IN WITNESS WILE affixed my seal th' My Commission Exp vbr18f1577/R This In DZOW ^ '1,'r•.,• r k 11077 Et Penth-• P.0- Box li1 Miami. nuc,ch , :.'07 n e MIAMI C LTD., ship n y e PZ- r public hearing rtthan the City of king bodytvLl bbc hearingto render. a final tleciaon. -14439 1 /16/24 1EW force may be regula- e Boulevard l he filed of Florida, at the set their ]992 NESE COMMUNITY Florida limited AMI C ORP., a 3y. hands and CENTER, partner- INATOWN DEVELOPMENT lorida corporation ISAAC SHII3, Pr sident 3 3/ P1 E 1 877-. ifr.{ f 0.1,�,., gned authority, personally appeared MIAMI CHINATOWN DEVELOPMENT CORP., a general partner of MIAMI CHINESE Florida Limited Partnership, on behalf behalf of the limited partnership who or e�h h p� !iCIL 2d a RSL take an oath. .OF I have heeun rez: /7A day of bsc r ibe-3 ame and /99 1 ary Public, State of Florida O`*pY PoB/OFtl1GGARY L CROWN L NOTARY El�t 2 �� Z. /I y COMMISSION NUM5ER Q� MY COMMISSION S5 ONEXP. OF fLO OCT. 6 1883 ZOW KORN KAN & OLASIVR. P.A.. PENTHOUSE 5UITE. 11077 1315CATNC OLVD R?['aR DlS1 M� { OCY•L RECORD' RUo... O, DADE COUNT'....O,1.D.�- RECORD VIRi''f ' • ' + '• r1rlk us Cilc•..,4 & County, ..''i . fuwts - r' `ice SUBSTITUTED F'.0. I30X .01 - 9002, MIAMI • FL 33lel -9002 . r305. orals . 2520 WARMER_ 4it`S'L/_at/_s:► or DATE MICROFILMED. LOCATION .CAMERA OPERATOR - DEPUTY CLERK. CIRCUIT COURT PUB This bind. Penthoue Suila P.O. Box 61-9002 Miami, nuncio 33261-9002 REC.OF`. 15761 2910 UNITY OF TITLE ?2R� 142 THIS UNITY OF TITLE .(the "Declaration of Unity") ma CHINESE COMMUNITY CENTER, LTD_, a r".orida limited partne "Owner") in favor of THE CITY OF MIAMI, FLORIDA, municipalit' State of ^loriaa (the City"). G 0 ere BE NOTI Thls submittal needs to be schedu In accordance with timelines s. Mlami Cale.ibe. appicatte d review Me infigmlaticar at. reeommenmmendado I T '.T S 5 T: T 11 : WHEREAS, the Owner holds fee Simple title- to cert the City of Miami, ??ori'.a, leg 12y ,cncrihed as and Tots 2, C, 7, 10, I? and 12, r31ock ' , of SU13DIVI ;IO'I a/k/a T1!I^.D .1I•::11D''D '1'17 OF according to the Plat thereof, as record Rook 5, Page 4, of the Public Recor County, Florida (the "Property") , to which it also holds fee WHEREAS, the Owner is presently an ap.- a:ni Commission for certain variances- amended, of the ^oning Ordinance of th property legally described as: All of•T.ot ; ? and 1 3 , the• Wont 10.0 feet alley lying ':orth of and the 10.00 `_et adjacent to :ai:'. Lot known as the _' T!!IDD according to the Plat Look 5, at Page 4, County, ?lorida, and commonly described. as County, Florid (the "Rio hol9s fee simple title; WHEREAS, th72 Owne that the Property developed in acco Unity; NOW, THER the Property the follow' be coven cessars an,-' Lot-, tf:er and a PZ- E ra public hearing orih In the Clly of ion -making body Mr bac bearing to rend er a a Mai deelaon. -14439 1 /1 6/2 1 EW 'A 4 y<(r co0� in property in onsi tin' of: . ; TP.I''AP MI RAMAR, d in Plat or Dale mnle title; and?- .icant before the City of. om Ordinance ' o. '1500, as City of Miami for the real 5, 13, -9 and 1.1, lens o=, an:? the 10.00 fcct adjacent to said Lot 5, ley lying --rout': of and 73loc' r_, ,',ai A"A^" (a7_no J 1 _71D7.) _ ..,. OF '-II!:A'-,AP` ) , thereof, as recorded in Plat fthe Public Records of Dade .01-125R '3i scayne ^oulcvar:i, lamp Dade ayne T3oul.evarc'. nd desires to :nakc a binding commitment to assure the 0rscayne poulevar:'. Property shall he 7r0:7,crty") , to which it also dance with the provi ions of this declaration of ORE, the Osricr voluntarily covenants and agrees that and the '3 i scayne 3oulevar;l Property shall be subject to g unity of title that is intended and shall he deemed to is running with the land, binding upon the Owner, its suc- and assigns, as follows: SUBSTITUTED OW KORN IKAIN G. 6LASEra. P.A., PENTHOUSE 5U1TG. 11077 BISCAYNE BLVO..P.O. BOX GI-'3002. MIAMI. FL 33161-9002 • 13051 095- 2520 fAIIMMMW 2 PUB1/C � r OURTHOUSE -TOWER 'L....- DATE MICROFILMED LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT. COURT SUBSTITUTED REC.°F�- 15761 P 291 I. 1. RECITALS. The recitals and findings set preamble of this Declaration of Unity are hereby adopted thereto and incorporated here -in as if fully set forth in thi G 0 NOTI This submittal needs to be schedul Harmaccordance with fimeones Cade The apl cage d rewewtheintonnation atth: recom lendad0 UNIrTY OF TITLE. The Owner shallnot sell or co Property or any portion of the Property separately from the Boulevard Property or any portion of the Biscayne Boulevar until Owner has :net all the conditions set forth in Resol 92 of the City of r'iami as amended by Resolution Nos. 268 of the City of 3. A.• END=' T AN) !1ODI='ICATIO?'. This modified, amended or released as to any portion of Biscayne Boulevard Property by a- written instr then owner of the fee simple, title to the land modification, amendment or release provi?' approved by the City Commission at a hearing shil be applied for and at the this instrument be so modified, am^_nde- the Planning, Building and 7on'_ng De execute a written instrument in acknowledging such- rnoeification, fl . iT.'n.''i OF COVET'A'' of the Owner shall remain i binding upon the Owner, it period of thirty (30) year •in the Public Records extended for successiv modifier?, amended -or agreed 5. Ins that any any time durin the use of determine. being con or by Biscay PZ- ra public hearing onh in the cityct ionrng body roll . hearing to rendm a a find) decldon. -14439 \I6 � 1EW c.°a`Q 1 /1 6/24 ,iscayne Property ion No. 91- 1-779 and strument may be she Property or the ent executed by the to be effected by such g that same has been ,1-ic hearing which public ,cnen s _ of the Owner. f hou ld or released, the Director of art^rent or his successor, shall ecordahle form effectuating and endmen t , or release. -This voluntary covenant on the -part full force and effect and shall he successors anL: assigns for an initial from the date this instrument is recorded f Dade County, and shall he automatically - periods of ten (10) years thereafter unless - cle, sc d prior to the expiration thereof. ction and Enforcement. It is understood and -Eicial inspector of the City may have the right at normal- working hours, of entering and investigating he property and , the Biscayne Boulevard Property to ether the conditions of this Declaration of Unity are _ied with. An enforcement action may he hrought by the City y property owner within 375 feet of the Property or the e Boulevard Property and shall be by action at law or in equity ZOW !CORN RAN G GIASER, P.A., PENTHOVSC SUITE. 11077 ©15CAYNE OLVO.. P.O. ©Ox 61-9002. MIAM1. FL 33161- 9002 • 13051 995.2520 1MMMWi�ir DATE MICROFILMED OURTHOUSE TOWER a/ o3 rair:S ,71';,-.; LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT PUBS fC SUBSTITUTED a °FF:15761r6Z912 HEC. against any party or person violating or attempting to covenants of this Declaration or Unity, either to restrai or to recover .3amages. The prevailing party in the acti ,sV 2 NOTI Thla submittal needs to be schebul orbance wlth tarnellnes s t Mlarni cotle. The appliradetl S review the Information at tb recornrneneato shall be entitled to recover costs and reasonable attorne, This enforcement provision shall :-.e in i'clition to any other available under the law. 1. Severabil itv. Invalidation of any on covenants by judgment or Court shall not effect any provisions of this Declaration of Unity, which shall force and effect, provided, however, that such grounds for the City to amend the zoning and/or applicable to the ;'ropertl and?/or the 'l i ;cayne °? 7. Recor iirag. This Declaration of record among the -Public Records of_ Dale ^_.ou, of the Owner. IN WITNESS WHEREOF, the- un'orsi:lne -seals t`a� V a; of [JQCQ i•/ WITI j PZ- ra public hearing ortb in the City of lon-rnakIng body will 64c bearing to render enaleerision. -14439 1 /1 6/24 Vi EW Go�Q eme3iea of the se - of the other remain in full alidation may be n1-u se regulations _'i var ? Property. nity hall be filed of y, Florida, at the cost in have set t their hands an'3 Print 'ia:ne: (54"4'1 L. gabc-'>J Print "ante: t STATE OF FLORIDA COUNTY OP D r DE r3r.r. Or.n ,.Fr the SHIN, as President corporation, as gen LTD., a Florida Li on behalf of the 1' did take an oath. IN :7ITNESP affixed my sea `4y Commissio Li3R188 8/R u MIAMI a F1 r 1 n P --IIINI;SE COMMUNITY CENTER, LTD., ida limited partnership MIAMI CH NATOWN DEVELOPMENT CORP., a Florid corporation ISAAC SFTII3, President ,''-.tress. 221 N.E. 78th Street ia'Il i , - L Q COl DlO ,w Gl,*CTAL ■FCOma' trot- OF OADe Coo —Tr. moat... • f COR.- t'!kr• a `. 1.1e111 l]i uIl & Co 1t`/ Cuui1; dersigned authority, personally appeareri ISAAC MIAMI CIIINATOWN DEVELOPMENT CORP., a Florida ral partner of MIAMI CHINESE COMMUNITY CENTER, tad Partnership, on ,chair of the corporation and i ted partnership who is personally known. to me and •.l1ER:' 9F, I have he this (6 day of Dec Expires: B E NG', 11017 B.' , ; ; • . ,. Penthouse Su#te P.O. Box 61-9002 Miami, Florida 33261-9002 ntp-ut,yccr- my name and Votary Public, State of Florida Pr int. ''lame: 6-79r4i` L- f.f2Or.,IrI 3 O,*,RY P(i/orriciAL NOTARY SEAL cis,. OAHY L CROWN 10a i``yy_ eolrallsMINIMA slorf AA713388S8 MY COMISs10N EXP. '�Y FOF FV.0 OCT. 6,1093 OW HORN KAN & GLASER. R.A..PENTHOUSE SUITE. 11077 BISCAVNC OLVO.- P.O. BOX GI-9002. MIAMI, FL 331G1-9002 - 1305. 095- 2520 AMEMMEWAMMEMIAMMEM SUBSTITUTED DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY itj of Alt 03-05-2 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("Cit permits prohibited, non- homestead properties", permits shall not be issued for a non-homestea outstanding code enforcement violations, building violations, or any relevant city lien or invoice due City. Permits required to cure life safety issues, permits which are required to bring outstand compliance. or permits for any properties owned by a governmental entity are exempted from this (Thrub.,needs to be schedul In accordance with timelines s Miami Cede. The applies de d renewthe infonna0on at th recommendalo r a public hearing orth in the City of ion-rnaking bcdywill bec hearing to render a a final decision. -14439 1 /1 6/24 violations into ohibition. Each owner for each address listed as a party to the application needs to sign and submit t disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applican nd provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated b e City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact ' - Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): 17 PLAZA LLC Address/ City / State / Zip: 1825 and 1819 Biscayne Blvd, 327 and 331 NE 18 St, 1820, 1: 1840, 1844 NE 4 Ave, Miami, Florida Phone No: Email: 1 Martin Ferreira de Melo (please check one of the following): [ ] homestead properties. , hereby certify that all - addresses listed on this application are [ XX ] non -homestead properties, and that there are no o n code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of th ddresses listed on this application. I certify that any City of Miami covenants on the properties are in full com. nce and no associated monies due to the City. I certify there are no past due rent payments or associated erest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have opcode enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Plea explain (required): I understand this applicati' shall be terminated after ninety (90) days should any of the addresses listed on this application be found to .t be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. Signature of th } State of } County F , rida Miami -Dade roperty Owner 1 A Date Swo to and subscribed before me by means of r� physical presence OR online notarization this 2 d day of_ . by !•-&(A &ki g -, Personaily known ( ) or Produced Identification ( ) pe o identification producfed (SEAL) SARA PAOLA OQUENO Notary Dublic - State of iorida Commission ; HH 206553 •-irri My Comm. Expires Dec 22, 2025 5onced through National Notary Assn. Page 1 of 1 SUBSTITUTED SURVEYOR'S AFFIDAVIT: fflf CERTIFIED TO: FLOOD INFORNIATIONi OR SYSIDOLSi SG. .dTRE CATION MA' Pi MAP OF BOUNDARY & TOPOGRAPHIC SURVEY LEGAL DESCRIPTION: A PORTION OF SECTION 31. TOWNSHIP 533., RANGE. 42E. CITY OF MIAMI, MIAMI-DAOE COUNTY, FLORIDA 3 \ O 4''., ..:,M BISCAYNE BOULEVARD / STATE ROAD No.5 u BOUNDARY SURVEY 17 PLAZA Digitally signed by Santiago Dominguez Date: 2023.07.27 11:45:19 -04'00' LJ SURVEYOR, CERTIFICATE n SOUTH PENINSULA SURVEYING, CORP. LAND DEVELOPMENT CONSULTANT,' 1825 Biscayne Blvd irite a description for your map. 11 ©2rJ2Z; Goofjle • 1 SUBSTITUTED PZ-22-14439 01/16/24 /7. 11111 1825 Biscayne Blvd Write a description for your map. ©2rJ2I; rJoofjle SUBSTITUTED .." II - ij - u . — !: • 0 • - : II -Ii 7T,t, LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: TRACT A, CHINA TOWN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 140, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -AND- LOTS 2, 6, 7, 10, 11 AND 12, BLOCK 6, MIRAMAR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE ABOVE LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID TRACT A, CHINA TOWN, THENCE S. 01 °40'41" E. FOR 275.01 FEET TO A POINT; THENCE N. 87°48'20" E. FOR 115.00 FEET TO THE NORTHEAST CORNER OF SAID PREVIOUSLY MENTIONED LOT 11, BLOCK 6, MIRAMAR; THENCE S. 01°40'41" E. ALONG THE EAST LINE OF SAID LOT 11 FOR 105.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S. 87°48'40" W. FOR 180.22 FEET TO THE SOUTHWEST CORNER OF PREVIOUSLY MENTIONED TRACT A, THENCE N. 01°40'45" W. ALONG THE WEST LINE OF SAID TRACT A TO THE NORTHWEST CORNER OF SAID TRACT A; THENCE N. 87°48'20" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF N.E. 19th STREET FOR 65.22 FEET TO THE POINT OF BEGINNING. -TOGETHER WITH - BEGIN AT THE SOUTHEAST CORNER OF PREVIOUSLY MENTIONED LOT 10, BLOCK 6, MIRAMAR. THENCE S. 87°48'40" W. ALONG THE SOUTH LINE OF SAID LOT 10 FOR 105.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N. 01°40'40" W. ALONG THE WEST LINES OF PREVIOUSLY MENTIONED LOTS 2, 6 7 AND 10, BLOCK 6, MIRAMAR FOR 212.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE N. 87°48'20" E. ALONG THE NORTH LINE OF SAID LOT 2 FOR 105.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S. 01°40'40" E. ALONG THE WEST LINE OF N.E. 4th AVENUE FOR 212.01 FEET TO THE POINT OF BEGINNING. LEGEND: (C) COR. (M) MDCR P.B. PG. P.O.B. (R) R/W (TYP.) -CALCULATED - CENTERLINE -CORNER - LENGTH (OF ARC) -MEASURED - MIAMI-DADE COUNTY RECORDS - PLAT BOOK - PAGE - POINT OF BEGINNING -RECORD - RIGHT-OF-WAY - TYPICAL GRAPHIC SCALE 80 160 SCALE 1" = 80' FEET SURVEYOR'S NOTES: THIS SKETCH AND LEGAL DESCRI ON DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: 07-26-2023 AUTHENTIC COPIES OF SHALL BEAR ORIGINAL ATTESTING PROFESS DATE: 07-2. 023 T . SKETCH AND LEGAL DESCRIPTION NATURE AND THE RAISED SEAL OF THE AL SURVEYOR AND MAPPER. SCALE: 1" 80' JOB OR R: 237849 CADD 7 PLAZA-TPLAT.dwg DRY / N BY: A.D. F '../ PG.: N/A LE NO.: A-1412 SHEET: 1 OF 1 to 00 50.00' 50.00' SUBSTITUTED N.E. 1 9 t h STREET NAVANA AVENUE P( LATL - N57' "C zsB i2 R 260.09'J17A) I N87° 48' 20"E 2G0. ta (N): 260.09' (M) SOUTH RM/ LINE OF 10 70' RIGHT-OF-WAY N.E. 19M1 STREET A '1 I' N87° 48' 20"E 65.22' .o N07° 48'20"E 105.00 LOT., BLOCK P.B.5, PG.4 MDCR N.V/. CORNER LOT 2, BLOCK 6 .E. CORNER OT 2. BLOCK 6 N87° ' 20"E 105.00' S.,..Ca-N-- S •T IN OF • 1f, B •C •T 1• 1 OC/6 S87° 48' 20^W 105.00 N87° 48' 20"E t 15.00' S87° 48' 40"W 180.22 co 70' RIGHT OF-4 N.E. 1 8 t h STREET 81 0 • IIW Z 30 001 it P.O B. S.E. ELCER LOT 10. PILC CK G 5'I 30.0,1 1 �) N87"4640 t 260.z4' SOUTH PENINSULA SURVEYING, CO Digitally signed by Santiago Dominguez Date: 2023.07.27 11:44:49-04'00' SANTIAGO A. DOMINGUEZ, PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS No. 6698 STATE OF FLORIDA. RP. L =Sp60 A.DOM1 � —� I No.66* 98 ii * 7j STATE OF . I ��t Fss ••OR19‘1%' I I8 10 SURD 0 .., — SOUTH PENINSULA SURVEYING, CORP. LB # 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 16499 N.E. 19th AVENUE, SUITE 202 NORTH MIAMI BEACH, FLORIDA 33162 (D) (305) 687-9191 (P) (305) 354-8887 e-MAIL INFO@SPSURV.COM ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other and County agencies review zoning public hearing requests and provide input, which may affect the sched and outcome of my hearing. These reviews may require additional hearings before other City and Count boards, which may result in the modification of plans, studies and/or the proffering of agreements to b recorded. The submission and acceptance of a request for public hearing means that the application ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or Cou conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be 'lthdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed property owners up to a mile from the subject property and I am responsible for paying the additional -.dius mailing costs. In addition to mailing costs, I am responsible for additional fees related to applicatiohanges, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that Fees mu se paidpromptly. The only fees that will be refunded after the submission and acceptance of an application f• public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapte •2 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accorda e with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21 as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of e decision -making body for its consideration and vote at the public hearing on which my application is sc -duled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the heari , date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable r .uirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a iding permit will probably be required. I am responsible for obtaining any required permits and inspections f• all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U,) must b- .btained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain e required permits and/or C.U., Certificates of Completion (C.C,), or Certificate of Occupancy (C.O.) will sult in an enforcement action against any occupant and owner. Submittal of the zoning public hearing reque may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not a- •roved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, co inue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code.. 7. Any covenant to be voluntarily proffered mu be submitted in word format to the Planning Department and to the Office of the City Attorney through ePI for review and comments from the Planning Department, Office of the City Attorney, and any other City de• :rtments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notifies •f any necessary changes, corrections or comments through ePlan. Once the covenant receives a reco endation of approval from the Planning department and as to legal form, Hearing Boards staff will extract t - approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to mit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks pr .r to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or def- the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents bmitted must be accompanied by a co -r I -tier in••catoig the subject matter, application number a • hearing date. Iris Escarra, Esq e Applicant(s) N. e Printed The fore 20 23 who ind Appl t(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE ng was acknowledged before me this / ` day of %741+- , by Iris Escarra, Esquire a( n) individual/partner/agent/corporation of a(n) dual/partnership/corporation. He/She is fii eta rsonally known to me or 0 who has produced as identification and who 0 did ❑did not take an oath. (Stamp) Rev. 04-16-2019 MARISOL R0i1RIGUUFI Notary public State of Florida Commission # lifi 342609 My Comm, Expires Det 19, 1026 SUBSTITUTED y ng Note: Annual Registration Expires on 12/31/2023 CITY OF MIAMI SUBSTITUTED LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the plicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a sepa - to sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "Non ' or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEP D. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyis egistration forms, including active lobbyist registration forms submitted in previous years, remain up -date. (1) Lobbyist Name: Escarra, Iris (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES Business Phone: 305-5794)737 Email: escarrai@ • aw.com (you must check YES or NO) Business Address (include Zip Code): 333 SE 2nd Avenue, 44th Floor, Miami L 33131 (2) Principal Represented: 17 Plaza LLC (3) (Name of corpora ' • n, partnership, trust, etc., you are representing) Business Address (include Zip Code): 425 NE 22nd Street, Suite 30 , Miami, FL 33137 ES SIN (4) Specific issue as ciated with lobbying. Describe with as much detail as is practical. Attach sggaparle slat if needed. If yo are using this form for your Annual Registration, please write "Annual RegigtiQ ' an the year that yo are registering for (ex: Annual Registration 2023). 3 = f'tl IF YOU PROVIDED INFORMATIO IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represent • a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief off r, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all perso 1 1 olding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnershi i r trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or ' /A" Please see Own - ship disclosure attached hereto. Zoni • Entitlements Page 1 of 2 m Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com M-LRF (Rev. 12/2022) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, t City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach sep . ate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". None XI • --' — t (7) Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $52_ plus $1000 for each principal represented for each issue lobbied on behalf of any one principal. Each issue a ,simtedlith hying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's esit , stall riPet any registration statement that does not provide a clear description of the specific issue on ich sucilobbist has been retained to lobby or if any section of this form is left blank. Regardless of the date f the annul registration, all lobbyists' annual registrations shall expire December 31 of each calendar year an hall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, s . mit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dad ounty Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the init' . ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter s • 11 be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. E . lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) d • s after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are tr and corre )and I hay cad or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-1 throug -6 ' of the 1 . City Code, as amended. STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed befe me by means of of April 023 by (Month) Signa e o Lob is physical presence or online notarization, this i'D' day iris Eatr - (Year) (Name of person making statement) Qo 4Lo Signature of ry Public Name of Notary Typed, Printed or Stamped Personally Known: OR Produced Identification: Type of Identi ation Produced: (NOTARY SEAL) JANET ROSILLO Notary Public - State of Florida Commission # HH 140357 My Comm. Expires Jun 10, 2025 OFFICE USE ONLY: Check If Receipt It CM-LRF (Rev. 12/2022) Page 2 of 2 SUBSTITUTED SUBSTITUTED OWNERSHIP DISCLOSURE 17 PLAZA, LLC The following individuals own at least five percent (5%) of 17 Plaza, LLC: • Carlos F. Melo • Martin F. Melo AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared 17 Plaza LLC who being by me first deposes and says: 1. 2. 3. 4. 5. That he/she is the owner or the legal representative of the owner, submitting th application as required by the Code of the City of Miami, Florida, affecting located in the City of Miami, as listed on the foregoing pages. That all owners who he/she represents, if any, have given his/her full and for him/her to act in his/her behalf for the change or modificatio regulation of zoning as set out in the foregoing petition, IJJnclu responses to day-to-day City staff inquires. That the foregoing and following pages are part of this affidavit a mailing addresses, telephone numbers and legal description he/she is the owner or legal representative. That the facts, as represented in the application and docu this affidavit, are true and correct. That a refund, if any, by the City is to be issued t indicated: 17 Plaza LLC, 425 NE 22 ST STE 301 MIAMI, FL 3313 Further Affiant sayeth not. CRR 1,o5 i" \A) ublic hearing e real property mplete permission f a classification or ng or 0 not including contain the current names, of the real property of which nts submitted in conjunction with he following person at the address Applicant(s) Name Printed Applica STATE OF FLORIDA -- COUNTY The foregoing was cknowle 20 a, , by 1° who is a(n) individual/partne individual/partnership/corp as '141- (Stamp) MIAMI-DADE ed before me this day of Al 1( f t _e l 4 - - gent/corporation of a(n) ation. He/She is personally known to me or 0 who has produced entification and who 0 did 0 did not take an oath. Signature SPA?NOLA00,t35300 Ma �4Gllt ; State *i 206553 ra 217., 2025 L. `• ,ac 5adzq tn waUT,rtt.'40tail Assn, s'="rw /�� f. vSignat�(re SUBSTITUTED CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT T SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief action from the City Commission or any of its boards, authorities, agen councils or committees, to disclose at the commencement (or contin hearing(s) on the issue, any consideration provided or committed, its behalf, to any entity or person for an agreement to support or objection to the requested approval, relief or action. "Consider gift, payment, contribution, donation, fee, commission, promi money, property, service, credit or financial assistance of whether direct or implied, or any promise or agreement t foregoing in the future. r other s, nce) of the ectly or on thhold on" includes any or grant of any kind or value, rovide any of the Individuals retained or employed by a principal as . obbyist as defined in Sec. 2- 653, and appearing before the City Commissio •r any of its boards, authorities, agencies, councils or committees solely in t capacity of a lobbyist and not as the applicant, or owners' legal representa ' e are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip. Contact Informat n: Home Phone ber CeII Phone mber. Fax Num Email: B • SINESS or APPLICANT or ENTITY NAME ddress Line 1: 17 Plaza LLC Address Line 2: 425 NE 22 ST STE 301 MIAMI, FL 33137 Doc. No.:86543 Page 1 of 3 SUBSTITUTED CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other actio om the City Commission, board, authority, agency, council, or committee. Approval of street closure application to vacate alley located at 1825 Biscayne Blvd, Miami, Florida Has any consideration been provided or committed, directly or on your behal to any entity or person for an agreement to support or withhold objection to the requested , • proval, relief or action? n/a If your answer to Question 2 is No, do not answer questions 3, 4 & 5 roceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, .lease answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone numbe •f the person(s) or entities to whom consideration has been provided or committ • Name of Person/Entity: n/a • Phone Number of Person/Entity: n/a ■ Address of Person/Entity: n/a 2. Please describe the nature o e consideration n/a 3. Describe what is bei : requested in exchange for the consideration. n/a Doc. No.:86543 Page 2 of 3 SUBSTITUTED CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to ci umvent the disclosure requirements of Ordinance 12918 and such circumvention shall be d- -med a violation of the Ordinance; and that in addition to the criminal or civil penalties tha ay be imposed under the City Code, upon determination by the City Commission that e foregoing disclosure requirement was not fully and timely satisfied the following may oc• r: 1 the application or order, as applicable, shall be deemed void out further force or effect; and no application from any person or entity for the same is e shall be reviewed or considered by the applicable board(s) until expiration • a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name Signature Sworn to and subscribed befor= e this day of 2 200 The foregoing instrument was acknowled• d before me by CO ("3. who has produced did/did not take an oath. STATEOF FLORIDA CITY OF MIAMIMY COMMISSIO EXPIRES: s identification and/or is personal l nown t• e and who 1�v" �d'`• SARA PAOLA OQU_•.70 141' Tatar' Public - State of Florida Commission = HH 2O65:2 •F L`!-' My Comm. expires Dec 22. 2025 through National votary Assn. Doc. No.:86543 Page 3 of 3 SUBSTITUTED DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make fu disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall inclu ' -, but not be limited to, disclosure of all natural persons having an ownership interest, direct indirect, in the subject real property. Accordingly, disclosure of shareholders of corp ations, beneficiaries of trusts, and/or any other interested parties, together with their addr• s(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) 17 PLAZA LLC Percentage of Ownership Martin F. Melo 50% and Carlos F. Melo 50% Subject Property Address(es) 1825 Biscayne Blvd List all street address(es) and legal description(s) of any p perty located within 500 feet of the subject property owned by any and all parties listed in • -stion #1 above. Please supply additional lists, if necessary. Street Address(es): n/a Legal Description(s): n/a C{skl,0 S M tr Owner(s) or Attorne ame Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The fore •' ng was acknowledged before me this it day of /; 4 20 , by C10 / (O') F [ 4y-/( who is a(n) individual/partner/agent/corporation of a(n) in • iidual/partnership/corporation. He/She is personally known to me or El who has produced as identification and who 0 did 0 did not take an oath. er.< RA PAOLA OQUI:Y.le •►�''rI. Malin '0tie it+ste a9 rconda SA Comuos,sion t HN � •.; !Ay Comm . t {1Lre? Ter 73. HaLtetwitoral Hour) n5sr.. Signature ::ecthr°'. 44,1dix SUBSTITUTED SUBSTITUTED WRITTEN CONSENT OF 17 PLAZA LLC A Florida Limited Liability Company The undersigned, being the p,_tit i of 17 PLAZA LLC, a Florida liability company ("Company"), does hereb dopt the following Written Consent Re the action of the Company, adopted at a formal meeting of the Members and the Ma Company: to ited ution as gers of the WHEREAS, the undersigned Carlos Ferreira de Melo, believ it is in the best interest of the Company to submit an application to the City of Miami se- ing approval of the subdivision of land in accordance with Florida Statutes Chapter 177 iami Dade County Ordinances Chapter 28 and City of Miami Code of Ordinances Chapter 4 and 55, as amended; WHEREAS, Company seeks to submit to the •cal governing agencies a Tentative Plat and Final Plat to be known as SEVENTEEN PL A, along with any other legal instruments as may be needed in order to complete the SEVEN ' EN PLAZA subdivision; NOW, THEREFORE, it is RESOLVE 1 that Martin Ferreira de Melo, as Manager of the Company, has been authorized, empo ed and directed to do or cause to be done all such acts, actions and things that may be nece • . ary, desired or appropriate in connection therewith, incidental thereto or in furtherance t reof, for the purpose of executing and delivering in the name of and on behalf of the Co sany any and all necessary documents for the processing of the Tentative Plat and Final Plat f• SEVENTEEN PLAZA. RESOLVED, that Compa in compliance with Florida Statutes 177.081, entitled "Dedication and approval" hereb grants the undersigned the authority to execute any and all necessary documents required b the local governing agencies, including but not limited to the authority to execute any docu- ents conveying fee simple title, applications, easements, covenants. RESOLVED, t .t the taking of any action or the execution and delivery of any document authorized by the .regoing resolution in the name and on behalf of the Company by Martin Ferreira de Melo, . s Manager of the Company, be, and are hereby authorized and empowered to be, deem . conclusive proof of the approval thereof by the undersigned; and RES VED, that the authorities hereby conferred shall be deemed retroactive, and any and all ac . authorized herein that were performed prior to the passage of this resolution be and they here are, approved, ratified and confirmed in all respects. IN 'NESS WHEREOF, the undersigned have executed this Written Consent in order to give th consent thereto effective as of the I 0 day of k& rr k , 2021. 17 Plaza LLC, a Florida limited `• • ility company By: Name: Carla Ferreira de Melo Title: Manager ACTIVE 19647492v1 Written Consent 17 Plaza, LLC Page 2 STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE SUBSTITUTED The foregoing instrument was acknowled ed bctbie me by means of [ h ical presence or [ ] online notarization, this 1 t7 day of 1-1(life . 2021 by Carlos Fe ra de Melo as Director of Cardinal Plaza Cow;, a Florida corporation, on behalf o the corporation. He/she/they is/are persona4 known to me or produced as identification and did not take an oath. [NOTARIAL SEAL] -o"^h, SARAOQUENDO fi 1: .-t• Notary Public- State of Florida Commission N GG 138961 My Comm. Expires Dec 22, 2021 Borded through t oral M1otzry Assn, ACTIVE 19647492v1 Notary: / Print Name: Da r a -, f1 cJj NOTARY PUBLIC .'1 -'A 1 OF My commission e • ires SUBSTITUTED DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY JIitj of tame 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead pro outstanding code enforcement violations, building violations, or any relevant city lien or invoice due a City. Permits required to cure life safety issues, permits which are required to bring outstand compliance, or permits for any properties owned by a governmental entity are exempted from this led, "New y with any owing to the violations into ohibition. Each owner for each address listed as a party to the application needs to sign and submit t - disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applican =nd provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by e City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): 17 PLAZA LLC 1825 and 1819 Biscayne Blvd, 327 and 331 NE 18 St, 1820, 18 1840, 1844 NE 4 Ave, Miami, Florida Address/ City / State / Zip: 1848 NE 4 Avenue Phone No: (305) 438-1290 Email: meloarchitectu @gmail.com Martin Ferreira de Melo , hereby certify that all t ' - addresses listed on this application are (please check one of the following): [ ] homestead properties. [ XX ] non -homestead properties, and that there are no o ' - n code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the ddresses listed on this application. I certify that any City of Miami covenants on the properties are in full com. nce and no associated monies due to the City. I certify there are no past due rent payments or associated erest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have op • code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Plea explain (required): I understand this applicati application be found to attached to the land. shall be terminated after ninety (90) days should any of the addresses listed on this t be in compliance with Section 2-208 of the City Code or with any covenant conditions Signature of th roperty Owner Date }StateofF rida } County .f Miami -Dade Swo to and subscribed before me by means of d"physical presence OR online notarization this 2 '1 day of_ JUG _20 Z- by !•-&( f' F Personally known ( ) or Produced Identification ( ) ype roi IdentiVication produced (SEAL) SARAPAOLAOQUENO Notary Dublic - State of iorida Commission ; HH 206553 "Pay My Comm. Expires Dec 22, 2025 5onced through National Notary Assn. 14z- Page 1 of 1 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-051-0010 Property Address: 1825 BISCAYNE BLVD Legal Description: Amount Payable On: CHINATOWN PB 140-48 TR A LESS S FT LOT SIZE 17813 SQ FT 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-051-0010 Property Address: 1825 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 TR A LESS S 105FT LOT SIZ 7813 SQ FT Lien No. (Case Number) Pro . rty Search Findings - Pending Liens scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. 01 /31 /2024 Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-051-0010 Property Address: 1825 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 TR A LESS S105FT LOT SI 17813 SQ FT operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-051-0010 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0460 Property Address: 327 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 12 BLK 6 AND ELEMENTS NOT DEDICATED TO P 13960-425 0189 1 Amount Payable On: OP INT IN & TO COMMON IC LOT SIZE 55.000 X 105 OR 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0460 Property Address: 327 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 12 BLK 6 AND PROP INT IN & 0 COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZ .5.000 X 105 OR 13960-425 0189 1 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-003-0460 Property Address: 327 NE 18 ST Legal Description: MIRAIVIAR PB 5-4 LOT 12 BLK 6 AND PROP INT IN ELEMENTS NOT DEDICATED TO PUBLIC LOT SI 0189 1 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 01 /31 /2024 O COMMON 55.000 X 105 OR 13960-425 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-003-0460 NO OPEN VIOLATIONS FOUN Page 5 of 5 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0450 Property Address: 331 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 11 BLK 6 AND ELEMENTS NOT DEDICATED TO P 13892-676 1188 2 Amount Payable On: OP INT IN & TO COMMON IC LOT SIZE 55.000 X 105 OR 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0450 Property Address: 331 NE 18 ST Legal Description: MIRAMAR PB 5-4 LOT 11 BLK 6 AND PROP INT IN & 0 COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZ .5.000 X 105 OR 13892-676 1188 2 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-003-0450 Property Address: 331 NE 18 ST Legal Description: MIRAIVIAR PB 5-4 LOT 11 BLK 6 AND PROP INT IN ELEMENTS NOT DEDICATED TO PUBLIC LOT SI 1188 2 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 01 /31 /2024 O COMMON 55.000 X 105 OR 13892-676 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-003-0450 NO OPEN VIOLATIONS FOUN Page 5 of 5 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0440 Property Address: 1820 NE 4 AV Legal Description: MIRAMAR PB 5-4 S45FT OF LOT 10 B 6 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO P '. IC LOT SIZE 45.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0440 Property Address: 1820 NE 4 AV Legal Description: MIRAMAR PB 5-4 S45FT OF LOT 10 BLK 6 AND PROP T IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZ 5.000 X 105 OR 13892-676 1188 2 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0440 Property Address: 1820 NE 4 AV Legal Description: MIRAIVIAR PB 5-4 S45FT OF LOT 10 BLK 6 AND PROINT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SI ' 45.000 X 105 OR 13892-676 1188 2 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-003-0440 NO OPEN VIOLATIONS FOUN Page 5 of 5 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0400 Property Address: 1824 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 7 & N8FT OF LP 10 BLK 6 & PROP INT IN & TO COMMON ELEMENTS NOT DEDIC D TO PUBLIC LOT SIZE 61.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-003-0400 Property Address: 1824 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 7 & N8FT OF LOT 10 BLK 6 & COMMON ELEMENTS NOT DEDICATED TO PUBLI OR 13892-676 1188 2 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens 01 /31 /2024 OP INT IN & TO LOT SIZE 61.000 X 105 scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0400 Property Address: 1824 NE 4 AV Legal Description: MIRAIVIAR PB 5-4 LOT 7 & N8FT OF LOT 10 BLK 6 & ' ROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBL LOT SIZE 61.000 X 105 OR 13892-676 1188 2 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-003-0400 NO OPEN VIOLATIONS FOUN Page 5 of 5 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0390 Property Address: 1840 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 6 BLK 6 AND POP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO P '. IC LOT SIZE 53.000 X 105 OR 13892-676 1188 2 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-003-0390 Property Address: 1840 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 6 BLK 6 AND PROP INT IN & ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZ 13892-676 1188 2 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens 01 /31 /2024 COMMON 3.000 X 105 OR scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0390 Property Address: 1840 NE 4 AV Legal Description: MIRAIVIAR PB 5-4 LOT 6 BLK 6 AND PROP INT IN & 0 COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 1► OR 13892-676 1188 2 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-003-0390 NO OPEN VIOLATIONS FOUN Page 5 of 5 Greenberg Traurig FL SUBSTITUTED City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo : f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3231-003-0370 Property Address: 1844 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 2 BLK 6 AND POP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO P '. IC LOT SIZE 53.000 X 105 OR 14329-1915 1189 1 Amount Payable On: 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-003-0370 Property Address: 1844 NE 4 AV Legal Description: MIRAMAR PB 5-4 LOT 2 BLK 6 AND PROP INT IN & ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZ 14329-1915 1189 1 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens 01 /31 /2024 COMMON 3.000 X 105 OR scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-003-0370 Property Address: 1844 NE 4 AV Legal Description: MIRAIVIAR PB 5-4 LOT 2 BLK 6 AND PROP INT IN & 0 COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 53.000 X 1► OR 14329-1915 1189 1 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-003-0370 NO OPEN VIOLATIONS FOU Page 5 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Property Search Notice 01/31/2024 Per your request (copy attached), the undersigned has searched the records of the Directo $ f Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the followi ; described property as of: 01/31/2024. The result is valid up to 30 days from the processing date. In addition, d to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: Property Address: Legal Description: Amount Payable On: 01-3231-051-0011 1819 BISCAYNE BLVD CHINATOWN PB 140-48 S105FT OF T 01-3231-051-0010 OR 18267-3806 089: LOT SIZE 7445 SQ FT FAU COC 22691-3482 09 2004 6 01/30/2024 to 03/01/2024 0.00 This notice does of include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the .ublic records of Miami -Dade County. Eric Fi . Paschal nce Director o ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami Folio Number: 01-3231-051-0011 Property Address: 1819 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 S 105FT OF TR A LOT SIZE 7i 5 SQ FT FAU 01-3231-051-0010 OR 18267-3806 0898 4 COC 22691-3, :2 09 2004 6 Lien No. (Case Number) Pro . rty Search Findings - Pending Liens scription Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. 01 /31 /2024 Page 3 of 5 SUBSTITUTED Greenberg Traurig FL City of Miami 01 /31 /2024 Folio Number: 01-3231-051-0011 Property Address: 1819 BISCAYNE BLVD Legal Description: CHINATOWN PB 140-48 S 105FT OF TR A LOT SIZE 45 SQ FT FAU 01-3231-051-0010 OR 18267-3806 0898 4 COC 22691- 482 09 2004 6 operty Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 SUBSTITUTED Violations Detail Report Folio Number: 01-3231-051-0011 NO OPEN VIOLATIONS FOUN Page 5 of 5 Department of Finance Online Payments Receipt Your Reference Number: 2023318001-134 11/14/2023 10:57:48 AM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2023318001-134-1 TRANS ID: 1030475 BUSINESS NAME: COM Lien Search FEE NAME: COVENANT REVIEW -PLANNING Lien Search SUBSTITUTED $1,545.00 .00 $1,250.00 FEE NAME: OTHER APPLICATION REQUIRING CITY CO SION R EVIEW ONLY To » AMOUNT: $1,545.00 PAYMENT Visa Credit Sale CARD NUMBER: ************8720 FIRST NAME: Edwin LAST NAME: Monserratte i CE2 318001- 34 u $1,545.00 SUBSTITUTED Call of mini BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1030475 Transaction Date: Nov 14 2023 9:51 AM Permit Number: PZ2214439 FEE SUMMARY Iris Escarra 333 SE 2nd Ave e (305)579-0737 Fee Category Fee Code Fee Description uantity Unit Type Amount PLANNING MS-341 COVENANT REVIEW -PLAN G 0.0000 N/A $295.00 PLANNING MS-429 OTHER APPLICATION REQUIRING CITY CO ISSION REVIEW ONLY 0.0000 N/A $1,250.00 Tota I : $1,545.00 v. Jul/02/2012 Generated on Nov/14/2023 9:51 AM