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03-05-01A Chair vice Chair Member Member Member Member Member Julio Robaina Horace G. Feliu Mary Scott Russell David D. Bethel Randy G.' Wiscombe James Bowman Charete B. Plummer INCORPORATED � �, 1927 CRA General Counsel John Dellagloria CRA Executive Director Charles D. Scum CRA Director Gregory J. Oravec CRA Secretary Ronetta Taylor SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting date: March 5, 2001 Sunset Drive, South Miami, FL. Next Regular Meeting Date: April 2, 2001 Phone: (305) 663 -6338 Time: 6:30:PM City of South Miami .Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.,00. This applies to all persons who are retained (whether paid or not) to represent a i business entity or organization to influence' "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and ,administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: 1. ROLL CALL: 2. INVOCATION 3. PLEDGE -OF ALLEGIANCE: COMMUNITY REDEVELOPMENT AGENCY 1 AGENDA - March 5, 2001 ITEMS FOR: THE BOARD'S CONSIDERATION: 4. Approval of Minutes Regular CRA Minutes - February 5, 2001 5. CRA Director's Report: A. RFP &Q for Marketing /Public.Relations Services B. RFQ for Urban Planning & Design Services C. Micro- Business USA D. Infrastructure Study E. Church Street Reconstruction Project 6. CRA General Counsel's Report: CONSENT AGENDA 7. A RESOLUTION OF THE CHAIRPERSON, AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADOPTING, THE "STREETSCAPE DESIGN FOR THE REDEVELOPMENT. AREA AND CHURCH STREET" IN CONCEPT. 8. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY, REDEVELOPMENT AGENCY (SMCRA) AWARDING, A SINGLE :FAMILY :REHABILITATION GRANT OF UP TO' $3,612'.50 TO JOANN HENDERSON FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6257 SW 59TH PLACE. 9. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF,THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO $2,820 TO LEATHA JORDAN FOR IMPROVEMENTS TO THE PROPERTY LOCATED 'AT 6273 SW 60TH AVENUE. 10. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AWARDING A SINGLE. FAMILY REHABILITATION GRANT OF UP TO $2,975 TO ANTOINETTE POITIER FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6040 SW '62m TERRACE. RESOLUTION(S) (For Public Hearing) 11. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH .MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) APPROVING A COMMUNITY REDEVELOPMENT AGENCY . 2 AGENDA - March 5, 2001 CONTRACT FOR .SALE AND; PURCHASE, OF THE PROPERTY LOCATED AT 5825 SW 68 STREET; AUTHORIZING. THE EXECUTIVE DIRECTOR AND GENERAL, COUNSEL TO EXECUTE ALL NECESSARY DOCUMENTS AND PERFORM ALL NECESSARY INSPECTIONS. 12. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO',EXECUTE A LEASE- PURCHASE AGREEMENT WITH MUNICIPAL SERVICES GROUP, INC. FOR THE PURCHASE' OF A BLUE BIRD "TRANSHUTTLE" BUS FROM FLORIDA TRANSPORTATION SYSTEMS, INC. 13. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR, THE GENERAL COUNSEL, THE SECRETARY AND -THE DIRECTOR OF THE AGENCY TO ESTABLISH A NOT- FOR - PROFIT 501(c) (3) SUPPORT CORPORATION TO RECEIVE AND DISBURSE FUNDS FOR AGENCY. PROJECTS; AUTHORIZING THE EXECUTION. OF ALL NECESSARY DOCUMENTS REGARDING THIS TAX- EXEMPT CORPORATION, ESTABLISHING A BOARD OF DIRECTORS AND 'OFFICERS OF THE CORPORATION AND APPROVING ARTICLES OF INCORPORATION AND THE BY -LAWS FOR THE CORPORATION. fPfAKf Of PLfAff TAKf NOT , 'MA. T RAN N 1 =11 k)0) Of Tyf Of Of D,PDiNANIff P,PD��Dfl TyAT ANY Pf,PION AmitiNG Pf,PfONAL iMPf,PTiNfN7; D,P f�ANDf,PDU! Pfi�1A,PKl''D,P Wy0 yA�� BfIOMf BDilTf,PDU! Wyi�f ADD,PfIliNG TY lOrylMi!liDN IyA � Bf fOaTyWiTy BA,P,PfD f,POM(fU,PTyfQ A�DifNlf BffD,Pf Tyf IDUNCi� BY Tyf POffiD�NG AND,: VN Iff,RI RIM TO((ONTiNUf Bf 6PANTI BYA MA�OQiTY'�OTf Of Tyf COMMilliON" PUBLIC COMMENTS BOARD COMMENTS ADJOURNMENT PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL. NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE. OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - March 5, 2001 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY °INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: March 1, 2001 and CRA Board From: Gregory J. Oravec Director Subject: Meeting 03/05/01 . RFP &Q Marketing/PR This memo serves to inform you that during the Director's Report section of Monday night's meeting I will ask you to recognize and accept the findings of the Marketing/Public : Relations RFP &Q Selection Committee. Please see the attached "Tally Sheet" which sets forth the Committee's findings. Pursuant to the City of South Miami's guidelines concerning Requests for Proposals and Qualifications, the respondent interviews were videotaped for the public record and the SMCRA Board may select any one of the top three ranked -firms. The complete submittal of each Respondent is available from the Office of the City Clerk or SMCRA for your review. After the Board has finalized the rankings, staff will attempt to negotiate an acceptable contract with the highest ranked firm. If an acceptable contract cannot be negotiated with the highest ranked firm, staff will attempt to negotiate a contract with the next highest ranked firm and so on. After a contract has been negotiated, it will be presented to the Board for approval. RECOMMENDATION Your recognition and acceptance of the Committee's finding is recommended. f ti \�s r 0 co cr fi7 m O � . L C- -n � 0 � 3 CD c' 'a is (D Q; � N n N Q M Ul �p C m o CD n o r o c 0 p =r a 90 2 0 m 0 9 c 0 o u, Y N — cu .' m n 7 N W , . �• QP ji p �'`. ♦ �� ( y � RA ��. "`mss'' N a .. N 7 x w 7 Ip � n ai � m 3 I CD ij CD Cr ° "J N � m mm ° m d m 3 � 3 IV X m 3 cn v cr m 2 N r N C) 0 1, 0 �C cm g CM O 0) o �9 =r � R CD ... CD CD m sv CD o r CD � O C D 0 ,, SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec ,/Vo Director Date: March 1, 2001 Subject: Meeting 03/05/01 RFQ Urban Planning & Design This memo serves to inform you that during the Director's Report section of Monday night's meeting I will ask you to recognize and accept the findings of the Urban Planning & Design RFQ Selection Committee. Please see the attached "Tally Sheet" which sets forth the Committee's findings. Pursuant to the City of South Miami's guidelines concerning Requests for Proposals and Qualifications, the respondent interviews were videotaped for the public record and the SMCRA Board may select any one of the top three ranked firms. The complete submittal of each Respondent is available from the Office of the City Clerk or SMCRA. After the Board has finalized the rankings, staff will attempt to negotiate an. acceptable contract with the highest ranked firm. If an acceptable contract cannot be negotiated with the highest ranked firm, staff will attempt to negotiate a contract with the next highest ranked firm and so on. After a contract has been negotiated, it will be presented to the Board for approval. RECOMMENDATION Your recognition and acceptance of the Committee's finding is recommended. n r« `G 0 C o cr m � CD 'O CD � A3 o n = =' 0 C-) to 3 90 3 D c _ N � cD m cn CD CD c. < CD o N 'p n CD A 3 D to CD Y SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: March 1, 2001 and CRA Board From: Gregory J. Oravec Subject: Meeting 03/05/01 — Director Streetscape Design for the Redevelopment Area and Church Street REQUEST A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADOPTING THE "STREETSCAPE DESIGN FOR THE REDEVELOPMENT AREA AND CHURCH STREET" IN CONCEPT. BACKGROUND & ANALYSIS Since November, the firm of Judson & Partners has been working with citizens and City, County and SMCRA staff to create a design capable of transforming the streets of the Redevelopment Area, especially Church Street, from hazardous commuter' roads into dynamic, walkable and aesthetically pleasing neighborhood streets that invite redevelopment. The resulting design will be presented at Monday night's meeting. The attached resolution serves to adopt the presented design "in concept," allowing SMCRA staff to use the design as the basis for construction design. RECOMMENDATION Your approval is recommended. r =� RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) ADOPTING THE "STREETSCAPE DESIGN FOR THE, REDEVELOPMENT AREA AND CHURCH STREET" IN CONCEPT. WHEREAS, the South Miami Community Redevelopment Agency desired to create a master plan in order develop a street system which is highly functional, safe, aesthetically pleasing, pedestrian - friendly and encourages redevelopment; and WHEREAS, Judson and Partners, Inc. worked with citizens and City, County and SMCRA staff to create such a plan. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the "Streetscape Design for the Redevelopment Area and Church Street" is hereby adopted in concept. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2001. ATTEST: APPROVED: SECRETARY READ AND APPROVED AS TO FORM: CHAIRPERSON GENERAL COUNSEL i 1 MELT ' U SU IDU 206 'J/ FALCON & BUENO SW 59 PLACE BETWEEN 64 AND 66 STREETS[ LOOKING NORTH SW 59 PLACE BETWEEN 66 ANDES STREETS/ LOOKING NORTH SW 59 PLACE BETWEEN 68 AND 70 STREETS 1 LOOKING NORTH SW 64 STREET/ LOOKING WEST ,%A' 66 AND 68 STREETS I LOOKING WEST SW 70 STREET / LOOKING WEST SOUTH MIAMI av y �_ M- TEXT RED STAMPED CONCRETE T STREET IxNTERSECT EONS NGRAVED NNIES OF SIGNIFICANT INDIVIDUALS rk CUSTOMIZED COMM UN ITY PATTERN TINA k "s --� u�$ �t 9�)� ?�d i� � � �.��4'�: x & � y t i i aj i1�� ( A WIN T SOUTH MIAMI • :: ��.,w.,Tt: .11 COMMUNITYREDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson & CRA Board Date: February 27, 2001 From: Gregory J. Oravec Subject: Meeting 3 /05/01 —_ Director ''" Single Family Rehab Appl. Joann Henderson REQUEST A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO $3,612.50 TO JOANN HENDERSON FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6257 SW 59TH PLACE. BACKGROUND & ANALYSIS The Single Family Rehabilitation Program offers three levels of grant funding to private single family homeowners within the South Miami Community Redevelopment Area in order to increase the quality of the existing housing stock. The Program prioritizes applications which address health, safety and welfare issues or would assist applicants who can least afford to carry out rehabilitation activities. Joann Henderson has submitted a Single Family Rehabilitation Grant Application pursuant to the guidelines of the Agency's Program. Ms. Henderson is requesting a first level grant of $2,500 and a second -level matching grant of-$1,112.50 to perform the following improvements to her home located at 6257 SW 59'h Place: 1. Screen enclosure of the front porch. j2. Installation of ceramic tile. 3. Exterior and Interior Painting. The proposed improvements are allowable activities under the program, and Ms. Henderson does meet the program's income restrictions. On February 26, 200 1,. the SMCRA Advisory Board voted 4 -0 to approve the application RECOMMENDATION Your approval is recommended. t RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI , COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO $3,612.50 TO JOANN HENDERSON FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6257 SW 59TIl PLACE. WHEREAS, the South Miami Community Redevelopment Agency ( SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social development; and WHEREAS, to achieve neighborhood revitalization, the SMCRA is granted powers by the State and County, including the ability to administer housing rehabilitation programs; and WHEREAS, the Chair and SMCRA Board desire to award rehabilitation grants in order to enhance the quality of the existing housing stock and quality of life in the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director is authorized to disburse up to $3,612.50 to Joann Henderson pursuant to the guidelines of the Single Family Rehabilitation Program for the property located at 6257 SW 591" Place. Section 2. That the resolution shall take effect immediately upon approval. PASSED and ADOPTED by a vote of the Board of Commissioners this day of , 2001. ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL CHAIRPERSON PRINT VERSION Page I of I FOLIO 09-4025 -007 FTT F H J L-1- Al Jul 4!, t. W 7� Y s n' T Fr7'T. 'T DOrTAL:LANDE)ATABASE-01533,FPL�,--�,C-:�<�����.�" 00trALORTHOPHarOGRAPHY. MARCH,1393 'w w 66wem. 5 t -00 FOLIO NUMBER: 09-4025-007-0290 ADDRESS: 6257 SW 59 PIL MAILING ADDRESS: JO ANN HENDERSON, 6257 SW 59 PL, SOUTH MIAMI FL- 33143-2227 CLUC: 00011 RESIDENTIAL- SINGLE FAMILY PRIMARY ZONE: 0100 SINGLE FAMILY RESIDENCE BEDROOMS: 3 BATHS: 2 FLOORS: 1 LIVING UNITS: 1 ADJ SQUARE FOOTAGE: 1,152 LOT SIZE: 4.850 SO FT YEAR BUILT: 1999 LEGAL DESCRIPTION: AMD PLAT OF HAMLET PS 4-48 LOT 4 LESS RAN BLK 3 LOT SIZE 50.000 X 97 OR 18847-0215 1199 1 SALE O/R: 18847-0215 SALE MONTH: 11 SALE YEAR: 1999 SALE AMOUNT: $ 82,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 49,122 LAND VALUE: $9,369 HOMESTEAD EXEMPTION: $25,000 BUILDING VALUE: $39,753 WIDOW EXEMPTION: $0 MARKET VALUE: $49,122 TOTAL EXEMPTIONS: S25,000 TAXABLE VALUE: S24.1122 ASSESSMENT YEAR: 1999 - ASSESSED VALUE: $9,369 LAND VALUE: $9,369 HOMESTEAD EXEMPTION: $0 BUILDING VALUE: $0 WIDOW EXEMPTION: $0 MARKET VALUE: $9,369 TOTAL EXEMPTIONS: $9,369 TAXABLE VALUE: $0 http:Hgi ... /esrimap.dll?Name=PublicAccess&Cmd=CreatePrintVersion&Folio=094025007029 2/25/01 Certification and Signature I (We) hereby certify that all of the foregoing information is true and complete to the best. of my (our) knowledge, and hereby give my (our) permission to the City of South Miami Community Redevelopment Agency ( SMCRA) (or any lender acting on the Agency's behalf) to' conduct further credit and financial investigation, as deemed necessary to determine eligibility. Furthermore, I,, (we) agree to abide by the eligibility and program requirements set . forth in connection with any opportunities which may be :offered to me (us) by the SMCRA pursuant to this application: I (we) understand that false, inaccurate, or incomplete information in the foregoing application shall be considered cause for me (us) to be disqualified from participation in the Residential Rehabilitation Program for Single - Family Homes, a program of the SMCRA, and I (we) must immediately notify the Agency of any change in my (our) income, status of employment prior to closing for re- verification. I (we) further understand than an "Affidavit of No Income Change" must be signed prior to receiving any program benefits. I (We) hereby authorize the SMCRA or any lender acting on the Agency's behalf to verify my past and present employment, past and present landlord information, past and present, mortgage loans, and any other credit information as needed. I (we) understand a.copy of this form will also serve as authorization. WARNING: Florida Statute 817 provides that willful false statements or .misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under statute. 775.082 or 775.83. y I Sig at re of Applicant .,I-. 1 Cam- C Date Signature of Co- Applicant , Date 17 . J City of South Miami Community Redevelopment Agency 6130 Sunset Drive, South Miami, FL 33143 Greg Oravec, Director Phone: 305- 663 -6338 FAX: 305- 663 -6345 NOTICE TOAPPLICANTS, This notice is provided to you as required by the Right to Financial Privacy Act of 1978 and states that the South Miami Community Redevelopment Agency (SMCRA) has a right of access to financial records held by any financial institution in connection'. with the consideration or administration of the housing loan for which you have applied. Financial records involving your transaction will be available to the SMCRA without further notice or authorization, but will not be disclosed or released to another government agency or private entity without your consent, except as required or permitted by law. Name Name I. - 1.6) ;-o t . Date Date 18 ..ytys.; ' ?`k .£- t `''- k Y.l)''t k W1°` f °f. nz+r' },.a.'. ar'+564 ?, � br 2'.;r:�,l .r,i?•.; `' <,.'k�i..� s 1t d�K .r?.+FY.�f. :r.wl.:.k w";.. •, �,�•x -." f X % g+sYlro ) .:F x s 5 Je � >. � < . 3.y.r �a -°k�C ��,+. AY 4'erjz�i f.5�i • �9. ¢ i'r.�l. V^� .h3. S F.t Aw 1 *i'�f9 �`.d.Y.'.E �i F�d�..:+, ,.r•f H ..:fTia... •1 ..3utt�Y.��i • n%'�.rA:+.�d.�: �e� APPLICANT'S NAME DATE OF BIRTH . lO�j5w" SY L` # MARRIED MARITALSTATUS .......... :....................................... ........................................................................................ SEPARATED (check one) :............ ............................... 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If.,.r S �rdm. ��L i ��,,�,,yy�`Ttt l7 '��i ,:f {�t S ..: "0. Y «. F: .0 J;� ....,Q. 3 � y' f�.'� � ,�� .4. ,rf �.., a•'.» %.n.... ..T ,`d..b.f< •, 'A..... T� <. .!: ••n°vi.S ,.i:yx..i�,.+. :: �.. S:.[ .t,w i. y. , h fF,...w -,.::i .T; NAME OF LENDER PROVIDING YOUR MORTGAGE OR J �. MORTGAGES' r ADDRESSOF LENDER(S) ....................................................................................................................................................... ............................... PHONE NUMBER OF LENDER) ADDRESS OF PROPERTY TO . b&5 �--�� � �� � t �-- ........................................................................................................................................................ ............................... BE REHABILITATED rr—'z3l r HOUSE NUMBER OF NUMBER OF HOUSE SIZE SF INFORMATION BEDROOMS 2 `J BATHROOMS j ! (SQUARE FEET) ASSESSED VALUE OF PROPERTY AS DETERMINED BY THE MOST $ RECENT MIAMI -DADE COUNTY PROPERTY ASSESSMENT OFFICE Prepared by SDI, Inc. page 2 of 3 H &R Block's service Commitmen k` °lttwr;'x � N i V1 O � M � rs�'+ �x t. •, O,4 N c N a u n Y a5, n. t4M �'tiF 9 i eN v c� y c' p' CO nr- 0. Y °o L' Z :ntbge.. .w r to .: U w ` o z g „ .rut 96, B U Ln U1 G it H CO Y ` V• N O .' Y tr t� N cO t11 v T 01 0^� 'zr . NO � 7 n to -�r C : to ; ° a H d T a Il your question'""'.. W N Cn U1 w t11. t W off a d wOW c0 d' oWlDr� :°. a' ZF. w A 9 ��•1 'z. ion ? £ $ ` '^ A W y N ti'a� a a y cH d tN H U`o` :rm W'4. �✓ k s �' ^ cn 04 �C EAW W Nttl N N � d 7•• 4s; y y• .� c`'pL$t'y.ag =E cW�..H u o0•HH y �' °' � O; '�H-1 W H = i a U -- En Z= to reccm mend. us to £, ....; k t r �, C rL o.� Lr T? US Lq r r 4 w -during the year to We Befc �u �y, newly dependent # . U) .t 1 y �a rr. � �� .r .. Befog ►- N Q `�` :e, either here 6r:61: Z� rL c r H&R U (n o We v- will 'also recalculate Y a , . W4c 4�� x Co If you 0 eoj Wn `U �. g °. au, tassertive he{ in dealin with the IRS Whene o- P 9 routine Thank you for letting us be of service. We took forward to seeing you again next year. In the .,,. call us at 1- 800 - TAX -7733 when you have comments or questions. P -3 : .. �.V: n Y H&R BLOCK Someone You Can Count On :; i • ' United National Bank Pay Group: SMS -Semi- Monthly Salaried Advice N: 0846281 6139 SW 69 Street One Mellon Center. Room 0600 Mgmt. Unit: 180028 - Commercial Pay Begin Date: 12/1612000 Miami. FL 33143 Pittsburgh, PA 15258 Location: Mellon United National Bank Pay End Date:' 12/3112000 Advice Date: 12 /29t2wo Jo Ann Henderson URSAND EAR. Employee ID: 594147294 TAX DATA: Federal FL State 6139 SW 69 Street Mgmt. Unit: 180028 - Commercial —__—^— Marital Status: Single Miami. FL 33143 Location: Mellon United National Bank Allowances: 0 0 Rate Hours Famines Job Title: OpsAnly I Earnings Addl. Amt.: SSN: 594.14 -7294 YTD Pay Rate: 523.340.00 Annual 97250 >. URSAND EAR. TAXES —__—^— Current ----- --------- . __.. _ - YTD ---------- Description Rate Hours Famines Hours Earnings Description Current YTD Regular 97250 22,753.12 Fed Withholding 112.93 3,428.62 Life Insurance (non -cash) 2.75 66.00 Fed FICA Medicare 1253 ' 334.05 Miscellaneous Award 000 89400 Fed FICA OASDI 3352 1.42833 Share Sucess Stock Option 0.00 201131 Fed Earned Income Credit 26.76• 72233 - Stk Tax Offset (P /R use only) 0.00 71703 Total Cash Famines: 97250 24364.15 Total: 15:22 4.468 67 ' BEF0R&TAX'DEDUCITONS .•:, .... AFTER =TAX DEDUCTIONS : "• ,�E\IPLOYER,401K CONTRMUTIONS'hfaTCfi Description Current YTD Description Current YTD Description Current YTD Benefit Redirection 111.95 2AS6.80 Dependent Life OSO 12.00 Loan Repayment 16.79 402.96 Total: 111.95 2.686.80 Total: 1729 414.96 " : TOTA L' CASH EARMNGS' >:FEDTA7GU11E >WAGES ..:.:.:.;:.TOTAIiTABS ".:.: >`::TOTAL''DEDUCTIO`1S +7 ..:. :.: <�E1PAi Current: 97230 86330 15222 12924 691.04 ' YTD: 24364.15 23037.63 4,468.67 3.101.16 16.79172 MESSAGE: Call Payroll at 412- 234 -PAYS with any questions. NON- NEGOTIABLE I United National Bank Mellon One Mellon Center, Room 0600 Pittsburgh, PA 15258 Pay Group: SMS- Semi - Monthly Salaried Advice #: 0841800 j Pay Begin Date: 12 /01/2000 f` Pay End Date: 12/15/2000 Advice Date: 121(5/ ?000 i Jo Ann Henderson 6139 SW 69 Street Employee ID: 594147294 Mgmt. Unit: 180028 - Commercial TAX DATA: Federal FL State Marital Status: Single Miami. FL 33143 Location: Mellon United National Bank Allowances: 0 0 YTD Job Title: Ops Andy I Addl. Amt.: SSN: 594 -14 -7294 Pay Rate: S23 340.00 Annual . ..::-HOURS 'AND'E'ARNNGS Total Cash Eamines: ----_- _:� Current YTD 22.674.62 Total: 15221 3599.42 E FOR�TAX:DEDUCPI ONS::z:: Description Rate Hours Famines Hours Earnines Description Current YTD Regular 97250 21,780&2 Fed Withholding 112.93 2.75252 Life Insurance (non -cash) 2.75 6325 Fed FICA Medicare 12.51 29236 Miscellaneous Award 0.00 89400 Fed FICA OASDI 5353 1.250.11 :...:: :.;'<:NETPAY •.;:< Current: 97250 YTD: 22.674.62 86330 20.163.02 Fed Earned Income Credit 26.76- 69557- i1fESSAGE: Call Payroll at 412- 234 -PAYS with any quesiiorL.. Umted-Natlonal Bank is P / Mellon One Me11on Center, ROOm 0600 h Date ; 22/15/2000 Pittsbliigh;.PA °<<15258' Total Cash Eamines: 972.50 22.674.62 Total: 15221 3599.42 E FOR�TAX:DEDUCPI ONS::z:: %, %: #tiFIER;T.VC' "DEDUCTIONS Deposit Amount } tPCOYER '40ISCONTRIBUT<ONS`:ht4TCEi Description Current YTD Description Current YTD Description Current YTD Benefit Redirection 11195 2574.85 Dependent Life Loan Repayment 050 16.79 1150 386.17 Total: 11195 2574.85 Total: 1729 397.67 ,.._TOT ah "'CASH EARNINCS - ,:FEDaTA?G�B[iE�tViiCESa� _:.,:,;..;; TOTAL': Tei71�5 :....•••TOTAL'DEDiiCTIODi5: :...:: :.;'<:NETPAY •.;:< Current: 97250 YTD: 22.674.62 86330 20.163.02 h t MIamI; FL 33143 y, cn 15221 3r599.42 12924 691.05 2972.52 16,102.68 i1fESSAGE: Call Payroll at 412- 234 -PAYS with any quesiiorL.. Umted-Natlonal Bank is P / Mellon One Me11on Center, ROOm 0600 h Date ; 22/15/2000 Pittsbliigh;.PA °<<15258' DIIiEcrDEPOSrn:nLSTRIBIJSia�l .. .,. .. ... Ace e," Bank Account Number Deposit Amount Deposit Amount $691.05 s t i Cheektng United Nb`' 0990016139 569105 To.The ^' Accounts) Of JO ANN; AENDERSON,: 6139 SW 69'Street ,c F r h t MIamI; FL 33143 y, cn Total: $691 05 NON- NEGOTIABLE •ri i� i PUPI CONSTRUCTION CORP. 1700 SW 57 AVENUE STE212 MIAMI, FL 33155 305-260-9300 OFFICE. 30.5-260-9301 FAX 624 o( cub) u 'j 0 I . 1 ' r SOUTH MIAMI COMMUNITYREDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM. To: Honorable Chairperson & CRA Board From: Gregory J. Oravec Director. (l REQUEST Date: February 27, 2001 Subject: Meeting 3105101 Single Family Rehab Appl. Leatha Jordan A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT. OF UP TO $2,820 TO LEATHA JORDAN FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6273 SW 60TH AVENUE. BACKGROUND & ANALYSIS The Single Family Rehabilitation Program offers three levels of grant funding to private single family homeowners within the South Miami Community Redevelopment Area in order to increase the quality of the existing housing stock. The Program prioritizes applications which address health, safety and welfare issues or would assist applicants who can least afford to carry out rehabilitation activities. Leatha Jordan is requesting a first level grant of $2,500 and a second -level matching grant of $320 to perform the following improvements to her home located at 6273 SW 601h Avenue: 1. Installation of carpeting to replace linoleum. 2. Installation of new closet doors. 3. Installation of new front door. 4. One year of pest control. The proposed improvements are allowable activities. under the program, and Ms. Jordan does meet the program's income restrictions. On February 26, 2001, the SMCRA Advisory Board voted 4 -0 to approve the application RECOMMENDATION Your approval is recommended. U� r C L RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY . ( SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO $2,820 TO LEATHA j JORDAN FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6273 SW 60TEI AVENUE. WHEREAS, the. South Miami Community Redevelopment Agency ( SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social development; and . WHEREAS, to achieve neighborhood revitalization, the SMCRA is granted powers by the State and County, including the ability to administer housing rehabilitation programs; and WHEREAS, the Chair and SMCRA Board desire to award rehabilitation grants in order to enhance the quality of the existing housing stock and quality of life in the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director is authorized to disburse up to $2,820 to Leatha Jordan pursuant to the guidelines of the Single Family Rehabilitation Program for the property located at 6273 SW 60`h Avenue. Section 2. That the resolution shall take effect immediately upon approval. PASSED and ADOPTED by a vote of the Board of Commissioners this day of , 2001. CHAIRPERSON ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL 0606A"' M02500T0040 L—L—LS664ST T. T v X e �� 4J � 9 i a.,% .� r � U' � �. � ^f _ ! � � ? n+ '$ ,stXµ1; �.aF6�.` '��..., LL..,,�— I-- .— �- $1rC6� {J`$i. % . . . . . . . . . . ....... ....... ........... 77, -A sw. v'xRan *� +J' xL u p { ! E F A .' fi �� a}4(tt rk '�i E6 �YA' �Vff 7T t7.— , R 'EVE, W'z' q DK3frAL LAND CATABASe-0133 DGM M ALORTHOPHOIRAPHY MARCH; 1133 77 FOLIO NUMBER: 09-4025-007-0040 ADDRESS: 6273 SW 60 AVE MAILING ADDRESS: LEATHA M JORDAN, 6273 SW 60. AVE, SOUTH MIAMI FL., 33143-2240 CLUC: 0001 RESIDENTIAL- SINGLE FAMILY PRIMARY ZONE: 0100 SINGLE FAMILY RESIDENCE BEDROOMS: 3 BATHS: 2 FLOORS: 1 LIVING UNITS: 1 ADJ SQUARE FOOTAGE: 1,152 LOT SIZE: 4,800 SQ FT YEAR BUILT: 1998 LEGAL DESCRIPTION: AMD PLAT OF HAMLET PB 4-48 LOT 5 BLK 1 LOT SIZE 50.000 X 9q OR 18529-0018 0499 1 SALE O/R: 18592-0018 SALE MONTH: 4 SALE YEAR: 1999 SALE AMOUNT: $ 62,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $51,444 LAND VALUE: $9,297 HOMESTEAD EXEMPTION: $25,000 BUILDING VALUE: $42,147 WIDOW EXEMPTION: $0 MARKET VALUE: $51,444 TOTAL EXEMPTIONS: $25,000 TAXABLE VALUE: $26,444 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $50.769 LAND VALUE: $9,297 HOMESTEAD EXEMPTION: so BUILDING VALUE: $41,472 WIDOW EXEMPTION: $0 MARKET VALUE: $50,769 TOTAL EXEMPTIONS: S50,769 TAXABLE VALUE, $0 http://gi ... /esrimap.dll?Name=PublicAccess&Cmd=CreatePrintVersion&Folio=094025007004 2/25/101 i To Whom It May Concern:' I am the proud owner of a Habitat For Humanity home. Even though I am happy to have one, I have been having a lot of problems with it. As you know, volunteers are used to build a habitat home. Since they are not license contractors, some of the things that were done are falling apart. I have tried to fix some of these problems (like my cabinets falling off the wall)-on my own, but six months ago I had a minor stroke and was diagnosed with MS. I have not been able to work like.I should, which means, I don't have the money to fix things like: • In the living room & the two back room, water gets under the linoleum which is causing it to come off the floor — I would like to • replace it with tile. • The chalk around the tub is coming out which allows some water to run in the wall • The sliding doors are falling apart and the front door jams (the door is too large) and it let rain inside the house — I would like to replace them with better ones • Since I have two kids with a lot of friends that seem to love to touch the walls - I would like to have the inside and outside painted I'm not sure if this is allowed but when I sit on my front porch, the bugs are awful. I would also like to screen in my front porch. I think this would also make the house look a lot nicer plus I feel that when you try and fix up your area, just maybe the others in the community would want to do the same. Sincerely, Ms. Jordan .r i r . APPLICANT AND CO- APPLICANT INFORMATION.: : APPLICANT'S NAME Leatha Mae Jordan SOCIAL DATE OF BIRTH 01 -25 -62 263 -51 -1083 i—I SECURITY # MARRIED MARITALSTATUS .......................................................................................................................................... ............................... SEPARATED (check one) ................... x UNMARRIED (includes single, divorced.& widowed) 305 ) 284 -3391 HOME 305 740 -8175 WORK PHONE when can you be reached: 8:' 30AM PHONE when can you be reached5:30PM rv`.�"�, ��.; n / � � S�F`O QJ �"�� �f.'�{!Lt4i�. F-�w. �ri' �� .LV �'L 4.'.:.� -r3s�i "f l.. rK�i3 ?S.+ �:yTi �. t.�'��V7Ftif{ �' � l - f "t .. i ���: •..,.y i }`f` k. '.iy�..:1e ,i e;.'v.;. ,17t,,'`� .�st . � !r._1� y� .i .%� >y,'.7 +. .��.�i. .t ♦.+e + !': r's:�. rJ._!r, � 4..s.- .<ai�c,y.. CO- APPLICANT'S NAME (Spouse) N/A SOCIAL DATE OF BIRTH SECURITY # MARRIED MARITAL STATUS ... ............ ........................._:...................... ... ........ ...... ........ .. ... . . SEPARATED (check one) ....... .... _. .... ... ...................... ..... .. , ..................... . ........................ UNMARRIED (includes single, divorced & widowed) HOME { WORK PHONE when can you be reached: PHONE when can you be reached: q���i�M y ;. •.tia � �.;.i.K. .� .. a•.^q: "�.+•r�` ;e-. .,r�• J• p �w, �L, vl..+ M��� 'f �J• r+, °L'1r.'y� %�4+r'!7' ['�-1 a i��'.. ���.rv'N`�e+� � �+�!:i,` u' "�t�+�4}v�v3.:i rr.�Y�•i+..:y�Y`�, •.•F..r.- aK++:.c�` ^ phi.• �f' e2rs+ �, yL�y.. �' GS4Z'�r��iC�• CURRENT 6273 SW 60 Avenue -_ -- ADDRESS South Miami, Florida 33143 How long at this address? YEARS 1 year MONTHS 11 months �'IQA_ft NOW Prepared by SDI, Inc. page 1 of 3 ' INCOME INFORMATION (ANNUAL) (List all sources of income earned yearly from the sources listed below. . Include all amounts which can be, verified such as Social Security benefits, interest income,. part -time employmen(, child support/alimony, or other income'deciared on federal fax return.) . APPLICANT CO-;APPLICANT, Primary Job $ 23,.712.00 Primary Job $ N/A Second Job $ 0, Second Job $ Pension $ 0 Pension $ Social Security $ 0 Social Security $ AFDC/Welfare $ 0 AFDC/Welfare $ Alimony /Child Support $ 7,824.00 Alimony /Child Support $ Workers' $ Workers' $ Compensation 0 Compensation Interest from Savings $ 0 Interest from Savings $ Other income (explain) $ 0 Other income (explain) $ TOTAL $ 31, 536.00 TOTAL $ .i:f;. ... `{�— •I•.•±Y: 'i y."f• 71•w: �?.`h.rx r:.: '..Y: %"� .a•f • rc .- r�rw.Yr.!w�a. - «. �c^.�: . .•s..•t, .e 7'� 1r �.: — r� .+ `?Rid• .t. .:�': .. ;. PROPERTY AND MORTGAGE INFORMATION' NAME OF LENDER PROVIDING YOUR MORTGAGE OR Habitat For Humanity MORTGAGES ADDRESS OF LENDER(S) 9350_._Sout . Dadeland...Blvd. ......... Suite.: 200 ...................... ............................... Miami, Florida 33156 PHONE NUMBER OF LENDER (305 ) 670 -2224 ADDRESS OF PROPERTY TO 6273 SW 60 Avenue ............................... BE REHABILITATED ........................................................................................................................................ South Miami, Florida 33143 HOUSE NUMBER OF 3 NUMBER OF 1 HOUSE SIZE 0,000 x SF INFORMATION BEDROOMS BATHROOMS (SQUARE FEET) 96 ASSESSED. VALUE OF PROPERTY AS DETERMINED BY THE MOST $ RECENT MIAMI -DADE COUNTY 62, 000.00 PROPERTY ASSESSMENT OFFICE Prepared by SDI, Inc. page 2 of 3 Certification and Signature I (We) hereby certify that all of the foregoing information is true and complete to the best of my (our) knowledge, and hereby give my (our) permission to the City of South Miami Community Redevelopment Agency (SMCRA) (or any lender acting on the Agency's behalf) to conduct further credit and financial investigation, as deemed necessary to determine eligibility. Furthermore, I, (we) agree to abide by the eligibility and program requirements set forth in connection with any opportunities which may be offered to me (us) by the SMCRA. pursuant to this application. I (we) understand that false, inaccurate, or incomplete information in the foregoing application shall be considered cause for me (us) to. be disqualified from participation in the Residential Rehabilitation Program for Single - Family Homes, a program of the SMCRA, and I (we) must immediately notify the Agency of any change in my (our) income, status of employment prior to closing for re- verification. I (we) further understand than an "Affidavit of No Income Change" must be signed prior to receiving any program'benefits. I (We) hereby authorize the SMCRA or any lender acting on the Agency's behalf to verify my past.and present employment, past and present landlord information, past and present mortgage loans, and any other credit information as needed. I (we) understand a copy.of this form will also serve as authorization. WARNING: Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines.and imprisonment provided under statute 775.082 or 775.83. Signature of Applican Date rJ I- (OC Signature of Oo-Applicant Date 17 City of South Miami Community Redevelopment Agency. 6130 Sunset Drive, South Miami, FL 33143 Greg Oravec, Director Phone: 305- 663 -6338 FAX: 305 - 663 -6345 NOTICE TO APPLICANTS This notice is provided to you as required by the Right to Financial Privacy Act of 1978 and states that the South Miami Community Redevelopment Agency (SMCRA) has a right of access to financial records held by any financial institution in connection with the consideration or administration of the housing loan for which you have applied. Financial records involving your transaction will be available to the SMCRA without further notice or authorization, but will not be disclosed or released to another government agency or private entity without your consent, except as required or permitted by law. r Name Name Date Date 18 i Proposed Rehabilitation Work i This portion of the application can be provided after income guideline eligibility is determined. It can be completed by the applicant or by a licensed contractor. The format for this section shall not be preset but may be completed on a case -by -case basis. Prepared by SDI, Inc. - Declaration Control Number DCN 0 10 6 15 15 18 19 14 —I -7 IRS Use Onl . -Do not write orsta le in this space U.S. Individual Income Tax Declaration OMB No. 1545 -0936 Form $453 for an IRS a -file Return For the year January 1 - December31,1999 Oj 9 9 Department of the Treasury No See instructions. Revenue Service I.PdrV111 Declaration of Taxpayer Si r? only after Part Iiscompleted.) 63 1 consentthat my refund be directly deposited'aysdesignated in the electronic portion of my 1999 Federal income tax return. If I have filed ajoint return, th is is an irrevocable appointment ofthe otherspouse as art agentto receive the refiiad. b Ido not want direct deposit ofmyrefundorIam not recelvingarefund *I c 1 authorize the U.S. Treasury and its initia(6 a6ACH deb'k (automatic withd rawal) entry to my fin an cial institutio n account indicated for payment of my federal taxes owed, and my financial institution to debit the entry to my account. This authorization is to remain in full force and effect until the U.S. Treasury's Financial Agents receive notification from me of the termination. To revoke this payment authorization, I must contact the U.S. Treasury Financial Agent at 11- 888- 353 - 4537 no later than 2 business days prior to the payment (settlement) date. l also authorize the financial insitutions involved in the processing of my electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to my payment. If I have filed a balance due return, I understand that if the IRS does not receive full and timely payment of my tax liability, I will remain liable; for the tax liability and all applicable interest and penalties. If I have filed a joint Federal and state tax return and there is an error on my state return, I understand my Federal return will b rejected, y Under penalties of perjury; I declare thiiiyha information 1 have given my ERO and the amounts In Part IAabove�agree' with the amounts on the corresponding lines of the electronic portion of my 199 Federiflncainetax rt turn. To the bt�stof my k to�it{edge and.belief rijy return is true, correct, and complete. I consent to my ERO sending my returfi" is deciaratfon, and accompanying schedules and'statementsio the IRS. I also consent to the IRS sending my ERO and /or transmitter an acknowfedgemettof recQiptofttansm'iss(on and anindicationc�fwietherootmy hetu'rn is accepted, and, if rejected, the reason(s) for the rejection, and, if am applying'WWriWhn a6*atioj loan or similar`product - an indi ation,ofa refund offset. If the processing of my return or refund is delayed, I authorize the IRS to disclose to my ERO and%or transmitterttie reason for the delay, orwhen the refund was sent. Sign COPY ONLY I " COPY ONLY Here '.Your signature Date 'Spouse'ssignature. ifaioint return. BOTH Must sign Data PartIll I Declaration of Electronic Return Originator (ERO) and Paid Preparer (See instructions.) I declare that I have reviewed the above taxpayer's return and that the entries on Form 8453 are complete and correct to the best of my knowledge. If I am only a collector, I am not responsible for reviewing the r tu�pnly.declaroat this fo �ly reflects the data on the return. The taxpayerwill have signed this form before 1 submit the return. I will g the ay Jr co f all for ormation to be filed with the IRS, and have followed all other requirements in Pub. 1345, Handbook for Electr in Return Orlgat ��f Indivi Income lax Returns. If I am also the Paid Preparer, under penalties of perjury I declare that I have examined the ap"Tpaye� ettlr' and ac � q schedules and statements, and to the best of my knowledge and belief, they are true, correct, and com'l�te. This Pa i ?, repay rdeclara n is based on all information of which l have any knowledge. L Your first name and initial Last name Check if Your social security number Usethe A LEATHA M 1 JORDAN . 2 3 , 413 263 -51 -1083 1 RS label. E Spouse's social security no. If ajoint return, spouse's first name and initial Last name Otherwise, L Only 3 3655 SW 22 MIAMI CORAL .GAB, 2,544 4 Home address (numberand street): If you have a P.O. box, see instructions. Apt. no. , IMPORTANT! A please H print or E 6273 SW 60TH AVENUE ;,aa3; zM°�sr'y�sa�;% 5 You must enter City, town or post offtce,8ate,and,& "� e 44 "'? >` type. R. yourSSN(s)above. Telephone number (optional) E MIAMI FL 33-43 -Y 104a MIAMI, ! .,�f 3rt^�•�.r =' „w I.PdrV111 Declaration of Taxpayer Si r? only after Part Iiscompleted.) 63 1 consentthat my refund be directly deposited'aysdesignated in the electronic portion of my 1999 Federal income tax return. If I have filed ajoint return, th is is an irrevocable appointment ofthe otherspouse as art agentto receive the refiiad. b Ido not want direct deposit ofmyrefundorIam not recelvingarefund *I c 1 authorize the U.S. Treasury and its initia(6 a6ACH deb'k (automatic withd rawal) entry to my fin an cial institutio n account indicated for payment of my federal taxes owed, and my financial institution to debit the entry to my account. This authorization is to remain in full force and effect until the U.S. Treasury's Financial Agents receive notification from me of the termination. To revoke this payment authorization, I must contact the U.S. Treasury Financial Agent at 11- 888- 353 - 4537 no later than 2 business days prior to the payment (settlement) date. l also authorize the financial insitutions involved in the processing of my electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to my payment. If I have filed a balance due return, I understand that if the IRS does not receive full and timely payment of my tax liability, I will remain liable; for the tax liability and all applicable interest and penalties. If I have filed a joint Federal and state tax return and there is an error on my state return, I understand my Federal return will b rejected, y Under penalties of perjury; I declare thiiiyha information 1 have given my ERO and the amounts In Part IAabove�agree' with the amounts on the corresponding lines of the electronic portion of my 199 Federiflncainetax rt turn. To the bt�stof my k to�it{edge and.belief rijy return is true, correct, and complete. I consent to my ERO sending my returfi" is deciaratfon, and accompanying schedules and'statementsio the IRS. I also consent to the IRS sending my ERO and /or transmitter an acknowfedgemettof recQiptofttansm'iss(on and anindicationc�fwietherootmy hetu'rn is accepted, and, if rejected, the reason(s) for the rejection, and, if am applying'WWriWhn a6*atioj loan or similar`product - an indi ation,ofa refund offset. If the processing of my return or refund is delayed, I authorize the IRS to disclose to my ERO and%or transmitterttie reason for the delay, orwhen the refund was sent. Sign COPY ONLY I " COPY ONLY Here '.Your signature Date 'Spouse'ssignature. ifaioint return. BOTH Must sign Data PartIll I Declaration of Electronic Return Originator (ERO) and Paid Preparer (See instructions.) I declare that I have reviewed the above taxpayer's return and that the entries on Form 8453 are complete and correct to the best of my knowledge. If I am only a collector, I am not responsible for reviewing the r tu�pnly.declaroat this fo �ly reflects the data on the return. The taxpayerwill have signed this form before 1 submit the return. I will g the ay Jr co f all for ormation to be filed with the IRS, and have followed all other requirements in Pub. 1345, Handbook for Electr in Return Orlgat ��f Indivi Income lax Returns. If I am also the Paid Preparer, under penalties of perjury I declare that I have examined the ap"Tpaye� ettlr' and ac � q schedules and statements, and to the best of my knowledge and belief, they are true, correct, and com'l�te. This Pa i ?, repay rdeclara n is based on all information of which l have any knowledge. ;Part`C: Tax Return Information ' oje "dollarso 14;;- 1 Check if Check 1 Total income (Form 1040, line 22; Form 1040A, line 14; Form 1040EZ, line 4) . . . . . . . , . . , 1 2 3 , 413 2 Total tax (Form 1040, line 56; Form 1040A, line 34; Form 1040EZ, line 10) . . . . . . . . . . . . . 2 Firm'sname(or ours H AND 324 3 Federal income tax withheld (Form 1040, line 57; Form 1040A, line 35; Form 1040EZ, line 7) Only 3 3655 SW 22 MIAMI CORAL .GAB, 2,544 4 Refund (Form 1040, line 66a; Form 1040A, line 41a: Form 1040EZ, line 11 a) . . . . . . . , . , , 4 3,727 5 Amount you owe (Form 1040. line 68: Form 1040A. line 43: Form 1040EZ. line 121 5 I.PdrV111 Declaration of Taxpayer Si r? only after Part Iiscompleted.) 63 1 consentthat my refund be directly deposited'aysdesignated in the electronic portion of my 1999 Federal income tax return. If I have filed ajoint return, th is is an irrevocable appointment ofthe otherspouse as art agentto receive the refiiad. b Ido not want direct deposit ofmyrefundorIam not recelvingarefund *I c 1 authorize the U.S. Treasury and its initia(6 a6ACH deb'k (automatic withd rawal) entry to my fin an cial institutio n account indicated for payment of my federal taxes owed, and my financial institution to debit the entry to my account. This authorization is to remain in full force and effect until the U.S. Treasury's Financial Agents receive notification from me of the termination. To revoke this payment authorization, I must contact the U.S. Treasury Financial Agent at 11- 888- 353 - 4537 no later than 2 business days prior to the payment (settlement) date. l also authorize the financial insitutions involved in the processing of my electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to my payment. If I have filed a balance due return, I understand that if the IRS does not receive full and timely payment of my tax liability, I will remain liable; for the tax liability and all applicable interest and penalties. If I have filed a joint Federal and state tax return and there is an error on my state return, I understand my Federal return will b rejected, y Under penalties of perjury; I declare thiiiyha information 1 have given my ERO and the amounts In Part IAabove�agree' with the amounts on the corresponding lines of the electronic portion of my 199 Federiflncainetax rt turn. To the bt�stof my k to�it{edge and.belief rijy return is true, correct, and complete. I consent to my ERO sending my returfi" is deciaratfon, and accompanying schedules and'statementsio the IRS. I also consent to the IRS sending my ERO and /or transmitter an acknowfedgemettof recQiptofttansm'iss(on and anindicationc�fwietherootmy hetu'rn is accepted, and, if rejected, the reason(s) for the rejection, and, if am applying'WWriWhn a6*atioj loan or similar`product - an indi ation,ofa refund offset. If the processing of my return or refund is delayed, I authorize the IRS to disclose to my ERO and%or transmitterttie reason for the delay, orwhen the refund was sent. Sign COPY ONLY I " COPY ONLY Here '.Your signature Date 'Spouse'ssignature. ifaioint return. BOTH Must sign Data PartIll I Declaration of Electronic Return Originator (ERO) and Paid Preparer (See instructions.) I declare that I have reviewed the above taxpayer's return and that the entries on Form 8453 are complete and correct to the best of my knowledge. If I am only a collector, I am not responsible for reviewing the r tu�pnly.declaroat this fo �ly reflects the data on the return. The taxpayerwill have signed this form before 1 submit the return. I will g the ay Jr co f all for ormation to be filed with the IRS, and have followed all other requirements in Pub. 1345, Handbook for Electr in Return Orlgat ��f Indivi Income lax Returns. If I am also the Paid Preparer, under penalties of perjury I declare that I have examined the ap"Tpaye� ettlr' and ac � q schedules and statements, and to the best of my knowledge and belief, they are true, correct, and com'l�te. This Pa i ?, repay rdeclara n is based on all information of which l have any knowledge. Under pen allies of perjury, t declare Ihat 1 have examined the abovat axpayer's return and accompanying schedules and statements, and to lh a best of my knowledge and belief, they are true, correct, and complete. This declaration is based on all information of which I have any knowledge. Pr - parees Date if self k Prep arer's SSN or PTIN Paid signature em to ed Preparer's. Firm's name (or yours IL EIN If self- employed) Use On and address IF ZlPcode KBA For Paperwork Reduction Act Notice, see instructions. Form 8453 (1999) Date Check if Check , EROrsSSNorFnN . ERO'S ERO's si nature 01/17/20( 0 alsopajd re dyer if self -f employed Use Firm'sname(or ours H AND R BLOCK EIN 43- 1632898 Only and address ,SEARS 3655 SW 22 MIAMI CORAL .GAB, F ZlPcode 33145-0000 Under pen allies of perjury, t declare Ihat 1 have examined the abovat axpayer's return and accompanying schedules and statements, and to lh a best of my knowledge and belief, they are true, correct, and complete. This declaration is based on all information of which I have any knowledge. Pr - parees Date if self k Prep arer's SSN or PTIN Paid signature em to ed Preparer's. Firm's name (or yours IL EIN If self- employed) Use On and address IF ZlPcode KBA For Paperwork Reduction Act Notice, see instructions. Form 8453 (1999) • Form Department of the Trep -ory - Internal Revenue Service 1040A us'. Individu:; , ncome Tax Return 1999 IRS Use only- Oonotwriteorstapleinlhisspaee. Label OMB No. 1545 00e5 (Seepg19J L Your social securitynumber A B Use the E - LEATHA M JORDAN IRS label. L 6273 SW 60TH AVENUE. - Otherwise, H MIAMI , FL 33143 please print R or tvoe, Presidential Election Cal Do you want $3 to go to this fund ?, 263 -51 -1083 Spouse's social security number IMPORTANTI e You mustenteryour SSN(s) above. aign Fund (Seepagb20.) Yes No I Note: Checking "Yes,, will . , , . . . . X not change your tax or it S3togotothisfund? . reduce your refund. Filing 1 Single status 2 Married filingjoint return (even if only one had income) 3 Married filing separate return. Enter spouse's social security number above and full name here.► Check only 4 ® Headofhousehold( withqualif yingperson).( Seepage21 .)Ifthequalifyingpersonisachild one box. butnotyourd ependent, enter this child's name here. ► 5 oualifyinq widower with dependent child ears ousedied► 19 (Seepage 22. Exemptions 6a NYourself. if your parent (or someone else) can claim you as a dependent on his or her tax No. of boxes n return, do not check box 6a. 6a arced 6b n 1 b I I soouse If more than seven dependents, see page 22. c Dependents: 1 First name Last name (2) Dependent's social security number (3) Dependent's relationship to you (4) ir qual. child torchild tax credit (see page 23) DAVID JORDAN JR 589 -60 -7098 SON LEATHA JORDAN 591 -34 -9661 DAUGHTER No. or your ch ildren on 6c who: • lived with 2 you * did not live with you due to divorce or separation (seepage 24) Dependents on 6c not entered abovejjj��� ---77� Add numbers i 1 entered on lines above Income 7 -Wages, salaries, tips 7 23,413. Attach Copy B of yourForm(s) 8a Taxable interest. Attach Schedule 1 if required. 8a W- 2 here. b Tax- exempt interest. DO NOT include on line Ba. 8b Also attach Form(s) 9 Ordinary dividends. Attach Schedule Iifrequired. 9 1099 - Riftax 10a TotallRA 10b Taxableamount waswithheld. 11a Totalpensions If you did not and annuities. 11a getaW -2,see 12 page25. 11b Taxableamount Unemployment compensation, qualified state tuition program earnings, Enclose, but do 13a Social security not staple, any benefits. payment. 13b Taxableamount 11b 14 Add lines 7 through 13b (far right column). This is yourtotal income. ► 14 23,413. Adjusted 15 IRA deduction (seepage 30). 15 gross income 16 Student loan interest deduction (seepage 30). 16 17 Add lines 15 and 16 These are yourtotal adiustments 17 18 Subtract line 17 from line 14 This isyour adjusted gross income ► 18 23 ', 413 - KBA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, seepage 53. Form 1040A (1999) Form 1040A (1999) LEATHA M JOF 'N 263 -51 -1083 paQe2 Taxable 19 Enter the amount from line 18. 19 23,413. income 20a Check q Youwere65orolder q Blind Enternumberof �I if: I Spouse was 65 or older I I Blind boxes checked ► 20a b If you are married filing separately and your spouse itemizes ' deductions, see page 32 and check here . ► n 20b 1 I 21 Enter the standard deduction for your filing status. But see page 33 if you checked any box on line 20a or 20b OR if someone can claim you as a dependent. • Single - 54,300 • Married filing jointly orQualifyingwidow(er)- $7,200 • Head of household- 56,350 Married filing separately- $3,600 21 6 , 3 5 0 . 22 Subtract line 21 from line 19. If line 21 is more than line 19, enter- 0-. 22 17 , 063. 23 Multiply S2, 750by the total number of exemptions claimed on line 6d. 23 8,250. 24 Subtract line 23 from line 22. If line 23 is more than line 22 , enter- 0 -. ' This is yourtaxable income. ► 24 8,813. Tax, 25 Find the tax on the amount on line 24 (see page 34). 25 1 ; .324. credits, 26 Credit forchild and dependent care expenses. and Attach Schedule 2. 26 payments 27 Credit forthe elderly orthe disabled. Attach Schedule 3. 27 28 Child tax credit (see page 35). 28 29 Education credits. Attach Form 8863. 29 30 Adoption credit.Attach Form8839. 30 31 Add lines26through 30. These are your total credits. 31 1,000. 32 Subtractline3l from line25. If line3l ismore than line25,enter -0 -. 32 324. 33 Advance earned income credit payments from Form(s) W- 2. 33 34 Add lines 32 and 33. This is your total tax. ► 34 324. 35 Total Federal income tax withheld from Forms W 2 and 1099. 35 2,544. 36 1999 estimated tax payments and amount applied from 1998 return. 36 37a Earned income credit. Attach Schedule EICif you have a qualifying child. 37a 1,507. b Nontaxable earned income: amount ► and type► 38 Additional child tax credit. Attach Form 8812. 38 39 Add lines 35, 36, 37a, and 38. These are your total payments. ► 39 4,051. Refund 40 If line 39 is more than line 34, subtract line 34 from line 39. This is the amount you overpaid. 40 3,727. Haveitdirectly 41a Amountof line 40 you want refunded toyou. 41a 3,727. deposited!See page 47 and fill in 41b, 41c, and ► b Routing number 1267077850 ► c Type: ® Checking D Savings 41d. ► d Account number 1270612 42 Amount of line 40 you want applied to your 2000 estimated tax. 42 Amount 43 If line 34 is more than line 39, subtract line 39 from tine 34. This is the you owe amount you owe For details on how to pay, see page 48 43 44 Estimated tax penalty (see page 48) 44 Under penalties of perjury. I declare that I have examined this return and accompanying schedules and statements, and to the best of my .Sign knowledge and belief, they are true, correct, and accurately list all amounts and sources of income I received during that ax year. Declaration here of prep arer( othorIhantha tax pay or) isbasadan all inform at ion of which the preparerhas any know led go. Daytime telephone numbef Yoursignature Date Youroccupation (optional) Joint return? For Info Only —Do not file STAFF ,ASSOCIATE See page 20, Keep acopyfor Spouse's signature. Ifajoint return, BOTH mustsign. Date Spouse's occupation °, ,M ' '� , ��iy •:, yourrecards. For Info Only —Do not file Paid Pre arees Check if p ' Date Pre arer's SSN or PTIN p signature 1/17/00 s preparer's Firm's name (oryours H AND R BLOCK EIN 43- 1632898 use only if self- employed)and address 'MIAMI CORAL GABLES, FL ZIPcode' 33145 -0000 KBA Form 1040A (1999) Schedule EIC (Form 1040A or 1040) Department of IheTreasurj Internal Revenue Service . lvame(s) snown on return LEATHA M JORDAN Earned Income Credit Qualifying Child Information Complete and attach to Form 1040A or 1040 only if you have a qualifying child. OMB No. 1545- 0074 I sequence No. 43 Your social security number 263 -51 -1083 Before you begin' See the instructions for Form 1040A, lines 37a and 37b, or Form 1040, lines 59a and 59b, to make sure that (1) you can take the EIC and (2) you have a qualifying child. • If you take the EIC even though you are noteligible, you may not be allowed to take 1 the credit for up to 10 years. See page 2 fordetails. • Itwill take us longer to process your return and issue your refund if you do notfill in all CAUTION lines that apply for each qualifying child. 0 If you do not enterthe child's correct social security number on line 4, at the time we process your return, we may reduce ordisallow your EIC. Qualifying Child Information Child 1 Child 2' 1 Child's name First name Last name First name Last name If you have more than two qualifying children, you AVID LEATHA only have to list t wo to get the maximum credit. JORDAN JR JORDAN 2 Child's year of birth Year 1987 Year 1984 If born after 1980, skip lines 3a If born after 1980, skip lines 3a and 3b; go to line 4. and 3b; go to line 4. 3 If the child was born before 1981 - ❑ ❑ ❑ ❑ No. a Was the child underage 24attheend Yes. No. Yes.. of 1999 and a stud. ent? Go to line 4. Continue Go to line 4. Continue ❑ Yes. ❑ No. ❑ Yes. ❑ No. b Was the child permanently and totally disabled during any partof 1999? Continue The child is not a Continue The child is not a qualifying child. qualifying child. 4 Child's social security number (SSN) The child must have an SSN asdefined on page42 . of the Form 1040A instructions or page 41 of the Form 1040 instructions unless the child was born and died in 1999. If your child was born and died in 1999 and did not have an SSN, enter "Died" on this line and attach a copy of the child's birth certificate. - 7 0 9 8 .591-34-9661 5 Child's relationship to you (for example, son; daughter, grandchild, foster child, etc.) ' SON DAUGHTER 6 Number of months child lived with you in the United States during 1999 • If the child lived with you for more than half of 1999 but less than 7 months, enter'T. 12 months 12' months • Ifthe child was born ordied in 1999 and your home was the child's home for the entire time he Donotenter more than l2months. Do not enter more than l2months. or she was alive during 1999, enter" 12 ". Do you want part of the EIC added to yourtake- home pay in 2000? To see if you qualify, get Form W 5 from your employer or by calling the IRS at 1- 800- TAX- FORM (1= 800- 829- 3676). KBA For Paperwork Reduction Act Notice, see Form 1040A Schedule EIC (Form 1040A or 1040) 1999 IRS USE ONLY 01011999 30 OMB NO. 1545 -1309 1999 1040PC FORMAT U.S. INDIVIDUAL INCOME TAX RETURN PAGE 01 OF 01 ! LEATHA M JORDAN 263 -51 -1083 29 ! 6273 SW 60TH AVENUE ! MIAMI FL' 33143 t ! PPECF N SPECF . F�f-3 ! DEP RES .02 6VOTAZ DEPD'INFO -10� ! 1A---DAVID<JORDAN----- 6C1-- DAVID<JORDAN<JR -- �� - -M:k.. --- ---- -- -324• ! 2A- -- - --- -1987 6C2 - - - -- - - -- 589607098 ! 56-------------- - = =324 ! 4A--- - - - - -- 589607098 6C3 -- SON------- - - - - -- ! 57--------------- -2544 ! 5A --- SON-------- - - - - -- 6C4 -- - - - - -X ! 59A-------------- -1507 ! 6A------------------ 12 6C1-- LEATHA<JORDAN - - -- ! 64--------- ------ -4051 ! 1B --- LEATHA<JORDAN ---- 6C2 ------- - -- 591349661 ! 65 ------------------ 3727 ! 2B----- - - - - -- - -- -1984 6C3 -- DAUGHTER--- - - - - -- ! 66A-------- -- - - -- -3727 ! 4B----- - - - - -- 591349661 6C4------------- - - - - -X ,,PRE MICHAEL COLE ' ! 5B--- DAUGHTER--- - - - - -- FIRM HRANDR 81�OCK' - il! 6B-------------- - - - -12 �� ADD- SEA,RS� 3 655 SW 2-- 1040 PAGE 1 4L ��^ -ST ,,� - - -- � 7--------- - - - - -- -23413 CSC= MIAMI C6' AB. ! ADD INFO 22--------- - - - - -- 23413 ! -S FL 33145- 0000 -- ! PDI--- - - - - -- 1000000000 33-------- - - - - -- -23413 ! PEIN ---------- 431632898- ! 'SEI ------------------- ! POCC -STAFF ASSOCIATE -- ! SC---------- ---- -- --02 � t 1040 PAGE 2 ! ! 34 --------------- 23413 ! DIR DEP INFO 36---------------- 6350,!? � ! 66B---- - - - - -- 267 = 077850 .s.-rfFtiv`•Y "'.�; '"Ki� 37--------------- 17�Qy63 6D- - t270612� ' 38------------ - - - -8' X50;,66C '- =; - -C 39-------- - - - - -- Q 13 -------- - - - - -- - 40 02:4r' �. -.' "1 �• 43---------- - - - - -- 1000 ! SCHEDULE EIC - 43 ! i TOTAL INCOME LINE 22 23413 TOTAL TAX TOTAL PAYMENTS LINE 64 4051 REFUND Under penalties of perjury, I declare that I have accompanying schedules and ,�a eme sM and Q t e belief, they are true, corra�a o ple Del (other, than taxpayer) is b n 1 inf oggp=n any knowledge. For Information Only - Do not File Your Signature Date 01172000 Preparer's Signature Date For Paperwork Reduction -Act Notice LINE 56 324 LINE 66A 3727 examined this return and best of my knowledge and =laration of preparer of which. preparer has For Information Only - Do not File Spouse's Signature Date IRS USE ONLY PAGE 01 OF 01 Statement, see Taxpayer.Notice 974 01011999 30 Earned Income Credit Worksheet -- Line 59 :eep Tor our recQros) LZRTMA M ULPAL)AN 263-51 Caution: Ifyou were a household employee who did not receive a form W- 2 because your employer paid you less than $1,000 in 1998 6r you were a minister or member ofa religious order, see Special Rules on page 24 before completing this worksheet. Also see Special Rules if Form 1040 includes any amount paid to an inmate in a penal instituition. 1. Enter the amount from Form 1040, line 7 ................... ...... , , , ; ...... 1. 23,413 2. Ifyou received a taxable scholarship or fellowship grant thatwas not reported on a W 2 form, enter the amount here , ; , , 2. 0 3. Subtract line 2 from line 1 . ............................... ........................ 3, 23,413 4. Enter any nontaxable earned income (seethe next page). Types ofnontaxable earned income include cont b tionsto a 401(k) plan, and military housing and subsistence. These should be shown in box 13 ofyour W- 2 form , , , , , , , , , , , , , , 4. 0 5. Ifyou were self - employed or used Schedule C or C- EZ as a statutory employee, enter the amount from the worksheet below .......... .............................................. ............................... 5• 0 6. Add lines 3, 4, and 5 ... ............... 6. 23,413 7. Lookup the amount on line 6 above in the EIC Table on pages40- 42 to find yourcredit Enterthecredithere 7. 1,507 8. Enter your modified AGl , , , , , , , , , , , , , , , 8. 23,413 9. Is line Bless than -- $5,700 if you do not have a qualifying child? $12;500 if you have at least one qualifying child? Yes. Go to line 10 now. No. Lookup the amount online 8 above in the EIC Table on pages 40 -42 to find your credit. Enter the credit here , , , , 9, 1,507 10. Earned income credit. • If you checked "Yes" on line 9, enterthe amount from line 7. • If you checked "No" online 9; enter the smaller of line 7 or line 9 , , , , , ,10. 1,507 Next: Take the amount from line 10 above and enter it on Form 1040, line 59a. AND If you had any nontaxable earned income (see line 4 above), enterthe amount and type of that income in the spaces provided on line 59b. AND Complete Schedule EIC and attach it to your return Only if you have qualifying child. Note: If you owe the alternative minimum tax (Form 1040, line 51), subtract it from the amount on line 10 above. Then enterthe result (if more than zero) on Form 1040, line 59a. Also, replace the amount an line 10 above with the amount entered on Form 1040, line 59a. If filing ajointreturn and yourspouse was also self - employed or reported income and expenses on Schedule C orC- EZ as a statutory employee, combine your spouse's amountswith yours to figure the amountsto enterbelow. 1. If you are filing Schedule SE: a. Enter the amount from Schedule SE, Section A, line 3, or section B, line 3, whichever applies , , , , , , , , Ia. b. Enter the amount, if any, from Schedule SE, Section B, line 4b , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 1b. c.Addlineslaandlb .................. ............................... .... ....ic. d. Enter the amount from Form 1040, line 27 , , , , , , , , , , , , , , , 1d. e. Subtract line 1d from 1c .................. ... .... .............. ...........................1e. 2. Ifyou are NOT required to file Schedule SE(for example because your net earnings from self - employment were lessthan 3400), complete lines 2a through 2c. But do not include on these lines any statutory employee income or any amount exempt from self-employment tax as the result of the filing and approval of Form 4029 or Form 4361. a. Enter any net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K- 1(Form 1065), line 15a ............ . . . . . . , , , 2a. b. Enter any net profit or (loss) from Schedule C, line 31, Schedule C- EZ, line 3, and Schedule K -1 (Form 1065), line l5a (other than farming) ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,......,,,,,,,,,,,2b. c. Add lines 2a and 2b. Enter the total even if a loss 2c, 3. If you are filing Schedule C or C- EZ as a statutory employee,enter the amount from line 1 of Schedule C or C- EZ ,,,,,3. 4. Add lines le, 2c, and 3. Enter the total here and online 5 of the worksheet on page 23 even if a loss. If the result is a loss, enter it in parenttheses and read the Caution below ... ........................ „ , , , , ... , . , , , 4. Caution: If line 5 of the Earned Income Credit Worksheet is a loss, subtract it from the total of lines 3 and 4 of that worksheet and enter the result online 6 of that worksh eet. If the result is zero or less, you cannot take the earned income credit. Chilc I Credit Worksheet - Linf- A3 Do Not File Lr:A'1'riA M OUAUA%V ► Keep foryourrecords: LC3--71 -1tJC.3 1.. $500.00 X 2 Multiply and enter the result 1. 11000 Enter number of qualifying children (see page 31) 2. Are you filing Form 2555,2555- E7, or4563, orare you excluding income from Puerto Rico? No, Enterthe amount from Form 1040, line 34. . . . . . . . . 2. 23,413 Yes. Enter your modified adjusted grossinconr (see page 3l ). 3. Enterthe amountshown below foryourfiling status: Married filing jointly, enter $110,000• • Single, head of household, or qualifying widow(er), 3, 75,000 enter $75,000 • Married filing separately, enter$55,000 4. Is line 2 more than line 3? No. Skip lines 4 and 5,'enter= 0- online 6, and go to line 7. Yes. Subtract line 3 from line 2 , . . . . . . . . . . . . 4• ZE 5. Divide line 4by$1,000.If the resu not aw ofe umber, ,tound � it up to the next higher whole nuo?er(fore'x �" , roundll}01 Via,'.'; • , i �. 6. Multiply S50by the number online 5. , . . . , . . . . . . . . . . 6• 0 7. Subtract line 6 from line 1. If zero or less, stop here; you cannot take this credit. 7. 1,000 8: Enterthe amount from Form 1040, tine 40, , . . , . . . . , 8.. 1,324 9. Is line 1 above more than $10007 ® No. Add the amounts from Form 1040, lines 41, 42, and 44. Enterthe total g 0 Yes. Enter the amount from the worksheet on page 33. 10. Subtract line 9 above from line 8 , . . . . . . . . . . . . . . . . . . 11. Child tax credit. Enter the smaller of line 7 or line kere d orkForm10 40, line 44,4 If line 1 above is more than_ $1000, yo bleta aker,tbe AdditicI Child Tax Credit. Seepage 31. KBA U 10. 1,324 11. 1,000 i MIAMI -DADE COUNTY PROPERTY APPRAISER .143056 PRESORTED 111 N.W. 1 STREET, SUITE 710 FIRST CLAS! MIAMI, FLORIDA 33128 -1984 U.S. POSTA• (305)375 -4020 PAID PERMIT No.lt RECEIPT FOR 2001 TAX EXEMPTION RENEWAL RETURN SERVICE REQUESTEE YEAR Widow Widower Disability Homestead 125,000 Other Property Control No. 9 115470 7 09- 4025 - 007-0040 PB 4- 6273 SW 60 AVE °;.N LOT 5LATBOF lAMLET' IV LOT SIZE 50.000 X 96 OR 18529 -00018 18 0499 1 11�1�1Uq Ili I�Ildfll�p ILEATHA M JORDAN 6273 SW 60 AVE SOUTH MIAMI FL 33143 -2240 1 all 1I$ IIIdo III 11111111111 1 1111 `BUYER: SELLER: PROPERTY: PROPERTY ADDRESS: DATE: CLOSING STATEMENT HABITAT FOR HUMANITY OF GREATER MIAMI, INC. a Florida. nonprofit corporati See Attachment " A " �. As part of consideration for the Property, the Buyer has co4leted 400 sweat equity hours,(that is, the time of volunteering labor devoted Buyer as directed by and, on behalf of Habitat whether in connection with the Property or otherwise). CREDIT' CREDIT BUYER SELLER Purchase Price Down Payment Occupancy/Purchase Payments Made Total Payments S _ Less Escrow Expenses Less Ins. Proration $ 393 _50. . Less Waste Proration Closing Costs $ _ TOTAL Payments Made Less .Charges ` $ —` Purchase ,Money Mortgage Second Mortgage, Third Mortgage TOTAL CREDITS CLOSING COSTS: Documentary Stamp /Wty.Deed $- no Recording Fee /Wty.Deed $ l M Documentary Stamp/Mrtg. $ ;41 `1 _ rot) Recording Fee/Mrtg. 39 E _ 1016 r.>t Q Q all no .. 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'39E.AR,8, •1 - .1I. i11� �11� .11. • . -.1 /i 1 .11. -� • ^• .1l �� \I �� \!i. \t�l� 1 -�1! �i.\ .1!.• � � •.11� � � _ X11. -•1 r. ..11� -.I r,••- appropriate). Street % 11 ' PEST CONTROL CUSTOMER. AGREEMENT Zip Code Telephone No: Termite & Pest Control r, .Customer Name ^i � r�—' •- r'��.- C�'G�� Covere ,Premises / Street City State Zip Code CJ' I Telephone No. c =" ►) �V,1f , -�'r✓ ]' This Agreement covers only the premises specified above and cannot be transferred to a new address. Effective Date (Date of Treatment) M / I �'` •. ANNUAL SERVI_PE'F /OR: Ants, Roaches, Spiders, Crickets, Silverfis), Palmetto Bugs and Rodents.. i ❑ Fleas (see reverse side for preparation instructions) ri I !1 .., .. COVERAGE: For a period of one year, beginning on the effective date shown above, Seaffs Termite & Pest Control ( "Sears ") agrees to provide the necessary service and treatment for the control of the pests listed above for the sum of $ = !payable on completion by cash, Sears credit ,1 card or other credit card accepted by Sears. This Agreement may be. renewed for three successive .years at the rate of $ •''%' =�' • Y1 per year, ;1 Thereafter, the renewal fee may be revised upon notice to the Customer in advance of treatment. Renewal Renewal Renewal MonthNear —"'` Amount '7P_7 NionthNear Amount a �'_t^ MonthNear Amount CHEMICAL SENSITIVITY: At Customer's request, Sears will provide information about the chemicals to be used in treating the Covered Promises. If you a or any member of your household are or may be sensitive to chemicals or chemical odors, you should consult with your doctor before chemicals are applied 1 in, on, or under your structure. ARBITRATION: The Customer and Sears agree that any controversy or claim between them arising out of or relating to the interpretation, performance or 1' breach of any provision of this Agreement shall be settled exclusively by arbitration administered by the American Arbitration Association under its Commer• cial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. In no event shall either party be liable to the other for indirect, special or consequential damages or loss of anticipated profits. IMPORTANT: The printed form of this Agreement contains all of the terms and conditions of the Agreement. No alterations of or additions to this Agreement (other than information required to fill in blanks) are effective or enforceable unless the alteration or addition is signed by a Corporate Officer of Sears and 1 ±� the corporate seal is placed thereon. .1•i NOTICE TO BUYER: t '1 YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. 2. DO N©T.SIGN THIS AGREEMENT BEFORE YOU THOROUGHLY READ IT OR IF IT CONTAINS ANY BLANK SPACE. 3.' �BUYER'S RIGHT TO CANCEL - YOU, THE/BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTgR THE DATE OF HIS TRANSACTION. PLEASE SEE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF-THIS RIGHT. __ _• i Lam+ y`j , [�T' ,�. ' J4- 7 Authorized Sears Customer Signature SEARS SEVEN STEP TREATMENT STEP 1 • Treated interior void areas with bait or injected liquids (as 1,+ Billing Addre s`(�Differ ntj �. appropriate). Street % City STEP 5 • Baited outside for ants and roaches. Zip Code Telephone No: [I Windcw & doorjambs CI Plumbing access under sinks ❑ Flower beds [I Mulch areas ❑ Wood piles (] Heavy brush aras ; u� Sears Termite•&•Pest Control STEP 6 - Applied material to exterior sources cif entry to home for spiders Address �_ 1r1..,,- G �'�'✓`' STEP 2 • Treated under heavy appliances and storage areas. City State Zip Code Telephone No. (71413� 23.- c..i'i C3 Soffits [3 Door fra mes ❑ Window frames ❑Garage interior I,a ❑ Plumbing & electrical access ❑ Base of house ,•ii� ❑ Fleas (see reverse side for preparation instructions) ri I !1 .., .. COVERAGE: For a period of one year, beginning on the effective date shown above, Seaffs Termite & Pest Control ( "Sears ") agrees to provide the necessary service and treatment for the control of the pests listed above for the sum of $ = !payable on completion by cash, Sears credit ,1 card or other credit card accepted by Sears. This Agreement may be. renewed for three successive .years at the rate of $ •''%' =�' • Y1 per year, ;1 Thereafter, the renewal fee may be revised upon notice to the Customer in advance of treatment. Renewal Renewal Renewal MonthNear —"'` Amount '7P_7 NionthNear Amount a �'_t^ MonthNear Amount CHEMICAL SENSITIVITY: At Customer's request, Sears will provide information about the chemicals to be used in treating the Covered Promises. If you a or any member of your household are or may be sensitive to chemicals or chemical odors, you should consult with your doctor before chemicals are applied 1 in, on, or under your structure. ARBITRATION: The Customer and Sears agree that any controversy or claim between them arising out of or relating to the interpretation, performance or 1' breach of any provision of this Agreement shall be settled exclusively by arbitration administered by the American Arbitration Association under its Commer• cial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. In no event shall either party be liable to the other for indirect, special or consequential damages or loss of anticipated profits. IMPORTANT: The printed form of this Agreement contains all of the terms and conditions of the Agreement. No alterations of or additions to this Agreement (other than information required to fill in blanks) are effective or enforceable unless the alteration or addition is signed by a Corporate Officer of Sears and 1 ±� the corporate seal is placed thereon. .1•i NOTICE TO BUYER: t '1 YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. 2. DO N©T.SIGN THIS AGREEMENT BEFORE YOU THOROUGHLY READ IT OR IF IT CONTAINS ANY BLANK SPACE. 3.' �BUYER'S RIGHT TO CANCEL - YOU, THE/BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTgR THE DATE OF HIS TRANSACTION. PLEASE SEE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF-THIS RIGHT. __ _• i Lam+ y`j , [�T' ,�. ' J4- 7 Authorized Sears Customer Signature SEARS SEVEN STEP TREATMENT STEP 1 • Treated interior void areas with bait or injected liquids (as STEP 4 • Attic treatment for roaches, ants and silver fish. l)�� appropriate). ❑ Bait applied CJ Pellets applied ❑ Inside walls via switch & light plates ❑ Cracks & crevices STEP 5 • Baited outside for ants and roaches. [I Windcw & doorjambs CI Plumbing access under sinks ❑ Flower beds [I Mulch areas ❑ Wood piles (] Heavy brush aras ; u� ❑ Kick plate voids under cabinets & vanities STEP 6 - Applied material to exterior sources cif entry to home for spiders STEP 2 • Treated under heavy appliances and storage areas. and crawling pests. Cl Refrigerator ❑ Washer ❑ Dryer ❑Garage area C3 Soffits [3 Door fra mes ❑ Window frames ❑Garage interior ❑ Hot water heater ❑ Plumbing & electrical access ❑ Base of house ,•ii� STEP 3 -Applied roach bait STEP 7 - Spread granules on ground areas adjacent to home for ants and roaches. •' ❑ Kitchen cabinets ❑ Drawer backs ❑ Dressers ❑ Wood piles ❑ Ant mounds ❑ Garbage areas c�'y ❑ Closets ❑ Bathroom vanities ❑ Three foot band around home ,1 +; .-W I'- 1 \-._ ..:1,- - -- -" �L -� �,•- w'. ^,. -. �n�� F1. -T,. �,.- �,1'z:1 -1. _ ► -{'� SOUTH MIAMI COMMUNITYREDEVELOPMENT AGENCY n. A INTER- OFFICE MEMORANDUM To: Honorable Chairperson & Date: February 27, 2001 CRA Board From: Gregory J. Oravec Subject: Meeting 3105101 -L Director - Single Family Rehab Appl. Antoinette Poitier REQUEST A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO $2,975 TO ANTOINETTE ' POITIER FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6040 SW 62ND TERRACE. BACKGROUND'& ANALYSIS The Single Family Rehabilitation Program offers three levels of grant funding to private single family homeowners within the South Miami Community Redevelopment Area in order to increase the quality of the existing housing stock. The Program prioritizes applications which address health, safety and welfare issues or would assist applicants who can least afford to 'carry out rehabilitation activities. Antoinette Poitier is requesting a first level grant of $2,500 and a second -level matching grant of $475 to perform the following improvements to her home located at 6040 SW 62nd Terrace: 1. Installation of ceramic tile back - splashes in kitchen and bathroom. 2. Interior painting. 3. Repair ceilings. 4. Termite Fumigation. • The proposed improvements are allowable activities under the program, and Ms. Poitier does meet the program's income restrictions. On February 26, 2001, the SMCRA Advisory Board voted 4 -0 to approve the application RECOMMENDATION Your approval is recommended.. r , RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND. MEMBERS. OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY - (SMCRA) AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO S2,97570 ANTOINETTE POITIER FOR IMPROVEMENTS TO THE PROPERTY LOCATED AT 6040 SW 62ND TERRACE. WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social development; and WHEREAS, to achieve neighborhood revitalization, 'the SMCRA is granted powers by the State and County, including the ability to administer housing rehabilitation programs; and WHEREAS, the Chair and SMCRA Board desire to award rehabilitation grants in order to enhance the quality of the existing housing stock and quality of life in the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT.AGENCY: Section 1. That the Executive Director is authorized to disburse up to $2,975 to Antoinette Poitier pursuant to the guidelines of the Single Family Rehabilitation Program for the property located at 6040 SW 62 "d Terrace. Section 2. That the resolution shall take effect immediately upon approval. PASSED and ADOPTED by a vote of the Board of Commissioners this day of , 2001. ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL CHAIRPERSON L 1.111 1 v ZlL OLV1v rage 1 of 1 Miami -Dade County FOLtO 09,4025 -010 -0910 Ate' _J Y + �T�{ -. { I I} 4 III �, SW'6lS 1 ST # w4r.�"1 ;a k.r- ..L.S` (y($�•ii ..m -f f, t" rq�'zi"tge I it tr ,h r '�" 7 ✓�I - •!r t ` k a 1, Z Xais 9�:Gi j �L4 iri�� yi f IT s 5 k {!# .` i, yw.? j*.� g`CC z xlj x M1-� t- ,b,.^� r'� s FJ'Y3# i' #' fii !' t��� ?�'✓{Aj rS;M ii�:t "t +Y ?dS } n{��( {, , i v r z n k '� " 4 .} Y r 1 -�iY stY x 1 5 s's. nri. }. Im i `t t ,.. •. G2}IiS TPA" ...:...�:• -•+ -e+ rl- iM, { -`� i ' � a r r•> t' vi ' I'a�� � �.�_ � 1 � P .. +,•_. "^t r �k`y w 3 ^>s't2.�`y W � •s^ � R ys: y .j _..,y �' -, �� .t 0,; 1 to t " ` - sweaRO9t H-�- d v x ✓ �`zl 2 P It ^•�� -. "' �t 1 .Y! x Imo! 8 W63Rtr5T �' ei�* r t # � at h A, Aasv't . �} i t? r� 6i�A.� 1 ���te � (� -rf•:• Y w� � ', ilm�� �` i a. rI: k �Y i S fi1Rt�Y£ `Y 5' Y '•Y iFil 1 i lc, ,i 1 � TER . .• '�.- ..+. -,: x�r �t * �����£ i� "R �$T � y� ��'...� I��� f � .:f � of �% �y} Liz � s +.. ' DIGfrAL ` LAND OATAPAtE D13RALORTHOPHOTMRAPNY v FOLIO NUMBER: 09- 4025 -010 -0910 ADDRESS: 6040 SW 62 TERR MAILING ADDRESS: ANTOINETTE POITIER, 6040 SW 62 TERR, MIAMI FL., 33143 -2256 CLUC: 0001 RESIDENTIAL- SINGLE FAMILY PRIMARY ZONE: 0100 SINGLE FAMILY RESIDENCE BEDROOMS: 2 BATHS: 1 FLOORS: 1 LIVING UNITS: 1 ADJ SQUARE FOOTAGE: 1,108. LOT SIZE: 5,750 SQ FT YEAR BUILT: 1992 LEGAL DESCRIPTION: FRANKLIN SUB PB 5 -34 LOT 92 BLK 15 & 7.5FT ALLEY LYG W & ADJ CLOSED PER R -92 -1515 LOT SIZE 57.500 X 100 OR 16986 -3579 0995 1 SALE O /R: 16986 -3579 SALE MONTH: 9 SALE YEAR: 1995 SALE AMOUNT: $ 35,000 ASSESSMENT YEARN 2000 ASSESSED VALUE: $ 40,659 LAND VALUE: $ 9,798 HOMESTEAD EXEMPTION: $ 25,000 BUILDING VALUE: $ 40,299 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 50,097 TOTAL EXEMPTIONS: $ 25,000 TAXABLE VALUE: $ 15,659 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $ 39,590 LAND VALUE: $ 9,798 HOMESTEAD EXEMPTION: $ 25,000 BUILDING VALUE: $ 40.299 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 50,097 TOTAL EXEMPTIONS: $ 25,000 TAXABLE VALUE: $ 14,590 http- / /gi ... /esrimap.dll? Name= PublicAccess &Cmd= CreatePrintVersion &Folio= 094025010091 2/25/01 Certification and Signature I (We) hereby certify that all of the foregoing information is true and complete to the best of my (our) knowledge, and hereby give my (our) permission to the City of South Miami Community Redevelopment Agency (SMCRA) (or any lender acting on the Agency's behalf) to conduct further credit and financial investigation, as deemed necessary to determine eligibility. Furthermore, 1, (we) agree to abide by the eligibility and program requirements set forth in connection with any opportunities which may be offered to me (us) by the SMCRA pursuant to this application. I (we) understand that false, inaccurate, or incomplete information in the foregoing application shall be considered cause for me (us) to be disqualified from participation in the Residential Rehabilitation Program for Single - Family Homes, a program of the SMCRA, and I (we) must immediately notify the Agency of any change in my (our) income, status of employment, prior to closing for re- verification. I (we) further understand than an "Affidavit of No Income Change" must be signed prior to receiving any program benefits. I (We) hereby authorize the SMCRA or any lender acting on the Agency's behalf to verify my, past and present employment, past and present landlord information, past and present mortgage loans, and any other credit information as needed. I (we) understand a copy of this form will also serve as authorization. WARNING: Florida Statute 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under statute 778.082 or.775.83. . ature of Applicant rO Date Signature of Co- Applicant Date 17 �> it AfVD`CQAPPLICANT INFORINATION n `a > ..,,. APPLICANT'S NAME SOCIAL DATE OF BIRTH L� _ Z Z_. `r�-'cU SECURITY # MARRIED MARITALSTATUS ...... :.................................................... . ................................................................................... ............... ......... .... SEPARATED {check one) .................................. .................................. ...................................:.............. . ............. . ...................... .............. :. .................... ......... L-1-UNMARRIED (includes single, divorced& widowed) �. HOME — t , �� �) �C : j e WORK PHONE when can you be reached:` -f PHONE.' when can you be reached: ��rn;' },rP• r '.�w: �, +:�.f�f "' j;.`.:r+�rx, ;. r't'«•�s.1'tt�+i�y,:',� !(,�+ {;1 �tJ ;? %i w<.'�ctr -� ;TT.".F,'. Yy �' ;t,: �'..'. J'i: .I'."'. Sri VJ lY r,y /;RSii sfl }��'J`{_ ....1!?^.e; i :a 'R. 1"Yw`" it'!i•�.�l e"•' °t ,w � � >' _�''�� "'r;': c,X�"�3•� t'o..- �Oj�j��x,". r :t,r!:�!.`fir 'LL �.}y,�r CO- APPLICANT'S NAME (Spouse) SOCIAL DATE OF BIRTH SECURITY # MARRIED MARITALSTATUS .................................................................. ............................... SEPARATED (check one) ...................................... .......................................................................................................................................... ............................... UNMARRIED (includes single, divorced & widowed) WORK PHONE ) HOME ) when can you be reached: PHONE when can you be reached: ♦ Jx��i „'+k14 �t.;l,�..� : �M ,1!+.^�'�Y'w +, kiwZ t �R vi ,-.f *i ,' � J ..4 �J� .`0,[ KL"' .' .t �N k• a.. .T r d ., ( FF apt, r }{' P ,�y_"'taCM .f[�q 'TM.f ylrJ ,...1. yJ3rG.: ...�Tr '% .f,'it ry4 Mtr�T'uC YR. f }^MY.» .�P Ad' CURRENT r/ `r`Y� ._ ADDRESS ...._.. ---------- �-; ' s% --, -, How.long at this address? YEARS J MONTHS � ♦r }�h�S�.rYf .i��, ♦ J T/i if �ry3'Ji ^�:.��•�'J.•� ni+.- �` ":ai�:i' •f i4 •••�: � R n:'fti �T). { ;f. 0. r 4 i a }A1 ih7i Ktf lYt �� rn„J; � �� � Z t''R .�-. a{1tn �•+'"j.,.rTG 0.'r=' M'�R / t rJ � .J!"'�. Y `y5+ .�'y."Y7.j'� .iff�� . Prepared by 501, Inc. page 1 of 3 INFORM ATION (ANNUAL) y i .Y' i t C � L L. '� S - h R } i t '. {� • T� b[; } , ,..1 A � � � ;�f(Lrst.all sources of rcome, earned yeariyfrom the�sources Irsted below ;G �,yl� = 2 , a... P lnclude,all am�ounfs whrch,can be verr�ed such;as Sacra! Secunfy;beneffs, rnterest income; , y a � trme'�ernployment,�chrld support/alimony,5orother�ncome declared on federal tax�retum') �� ,part i 4. i ✓•1 \ f' ;' 5 N' 1 i� t).N i N "} b 4 >'��; d°f'yN ..Di ^•v•� ✓"'L. tl .- W 4 H k} Y. A 1. s ' APPLICANT ✓reN..'�. Y.;s iu.�'Y. .S 4.. f R'f� F. ).�. ..K .;i 'd d i>'F �.i: .9. ,Y, mT .. rNw, .4.NW :C. v`�;� .3 _ i.v'}. 114 e.. 1 w 1, �� Primary Job $ �(j �� .� Primary Job $ Second Job $ Second Job $ Pension $ Pension $ Social Security $ Social Security $ AFDC/Welfare $ AFDC/Welfare $ Alimony /Child Support $ Alimony /Child Support $ Workers' Workers' . $ $ Compensation -Compensation Interest from Savings $ Interest from Savings . $ Other income (explain) $ Other income (explain) $ TOTAL $ 2-�7', TOTAL $ T =� 6,64 lie�a,fircfelEestte SMCRA writ t..•� rAC..�t w �i. a ..ri., z r .a v aboni Disability. L } . {., 'ice QTY, ^�y�.?y.. y+�„N' Y, H`�r i' T'SNeiY'f1 'Tl' .ir. %:.�R. /f�.V.;��Tt4Jwi %•2.! �ilY� MSi O a�SA �:�) � ~ C 5.r N � K �[y��� °s "� �� �y�' .c.. l,3� ��: -+i� w ?.. �.. �.y .:�� �a,'�. E y °'•" ; *; si.1.15�.i � •' '�'S'.ii�`Liy��'v:i.... �i.i ;��ifi. +i ,� i. Y� lw.'f. % [' Y,rY �. '... 11,� . ,..f d Svr t u ,. Ci v: ✓i'3f T L tr ti tF. f {••. Yy� "AROPERTY AND =­RTGAG E 4 NFORMATION � � s� t 'M :»a nid,r a�vs i:. °<• °, .,'.t ..: �,..� .i � ;' l �M�•e; ..-->, �•. '.: •S� ���� •' *' i....er1.r.}.. .. ..Y ...: " +,tf....1f A. . St 4n.':'YN' ...:.•... .... .SVai.i.}..v :n t ''Y � }reLR ��. .... A A4,_ (. T 1'�.• 1 n4 NAME OF LENDER PROVIDING ii 11 i����7��� +�.� YOUR MORTGAGE OR V MORTGAGES r ADDRESSOF LENDER(S) . ............ ..4'_.. ............................................... ............................... PHONE NUMBER OF LENDER ADDRESS OF PROPERTY TO ) r° (............ ' ....................c. i"............................... BE REHABILITATED . ......... ............................�.. ...... ... ............................... 1 OV6 HOUSE NUMBER OF NUMBER OF HOUSE SIZE INFORMATION BEDROOMS BATHROOMS (SQUARE FEET) SF ASSESSED VALUE OF PROPERTY AS DETERMINED T $ �f`�r RECENT MIAMIEDADE COUNTY PROPERTY ASSESSMENT OFFICE Prepared by SDI, Inc. page 2 of 3 City of South Miami Community Redevelopment Agency 6130 Sunset Drive, South Miami, FL 33143 . Greg Oravec, Director Phone: 305- 663 - 6338 . FAX: 305- 663 -6345 NOTICIETO APPLICANTS, This notice is provided to you as required by the Right to Financial Privacy Act of 1978 and states that the South Miami Community Redevelopment Agency (SMCRA) has a right of access to financial records held by any financial institution in connection with the consideration or administration of the housing loan for which you have applied. Financial records involving your transaction will be available to the SMCRA without further notice or authorization, but will not be disclosed or released to another government agency or private entity without your consent, except as required or permitted by law Name Name Date Date 18 Impovements that I will have done with my grant at my home on 6040 SW 62". Terr: 1. Fumigation 2. Will Repair .3. Central A C 4. Kitchen Repair S. Bathroom Repair 6. Flooring PrsArea: T001 Loc: 521' 108255-00825:1; CO: 0059 Pers#: 11945 Earnin6, Ryder System, Inc. Ryder %Aatement 3600 N.W. 82nd Avenue Miami, FL 33166 page 001 of 001 Advice Date: 01 /17/2001 Advice Number: 1 1 945001 89 Batch Number: 000000319 Federal Taxable Marital Status: S Social Security Number:. 266 -29 -,9965. Antoinette L Jefferson Additional Withholdings 6040 SW 62ND TERRACE Federal: D 10.00 Additional Tax MIAMI, FL 33143 State: Local: E A R.N I H G Oj H E R D E D U,C:T 1 0 N S EARNINGS UNITS CURRENT. Y-T-D DEDUCTION CURRENT Y-T-C) Reg Hrs 40.00 524.40 1,035.69. A131 D Plan 0.29 0.34 Othr Pay 104.88 Dep AD&D.- 0.14 0.42. Vacation 104.88. Stock Plan 20.00 60.00 Holpw Nw .314.64 402K: L'o"an. 36.87. 110.61 TOTAL 524.40 •1,560.09 Prepaid Legal .3.45• 10.35. TOTAL OTHER DED .60.74 182.22 P R E T A X D E 0 U C T 1! 0 N S DEDUCTION CURRENT. Y -T -D NET PAY: 282.59 Medical Plan 34.38 103.14 Dental Plan 8.54:. 25.62 YOUR PERSONNEL NUMBER IS: 11945 401K Deduction 31.46 93-60 PERIOD-START: 01/04/2001 TOTAL PRE-TAX DEDUCTIONS 74.33 222.36 PERIOD-END:. 0111012001 FEDERAL Taxable Wages 450.02 1,337.73 A X E•5 TAX TYPE CURRENT Y-T-0 W/H Soo Federal 69.86 207.73 Soc Sec Federal 29.85 .88.74 Medicare Federal 6.93 20.75 TOTAL TAXES 106.69 317.22 I Oyu=, ,may „cu i, a n.. der 3600 N. W. 82nd Avenue Miami, FL 33166 Page 001 of 001 Advice Date: 12/27/2000 Advice Number: 1194500186 Batch Number: 000000310 Federal Taxable Marital Status: S - Social Security Number: 266 - 29.5965 Additional Withholdings Federal: D 10.00 Additional Tax State: Local: E A R N IA G S' == == ______== ________ EARNINGS UNITS CURRENT Y -T. =D Tuit Pay 14.51 Dep AD &D 3,847,50 Reg Hrs 40.00 .524.40 '..:23,340.06` 260.08 Overtime 0.20 '3.93 5,793.02 Othr Pay 1,003.03 Child Care. 565.40 Vacation Prepaid Legal. •3.45 1,567.72 Sick Pay BED '•23.97 3,711.04 , 571.64 380.93 YOUR PERSONNEL NUMBER IS: 11945 RetroAdj 12/14/Z000 75.67” PERIOD -END: TOTAL _ 604.00. 36;511.90 P R E - T A X D E D U C T I O N S DEDUCTION CURRENT Y -T -D Medical Plan 30.30 1,575.60 Dental Plan 7.49 ..389.48 401K Deduction 36.24 1;771.42 TOTAL PRE- -TAX DEDUCTIONS 74.03 3,736:50 FEDERAL Taxable Wages 529.97 28,927.90 . - T AXE 5 - -- ---- --- - -. - - -- - -- TAX TYPE CURRENT" Y -T -D W/H SOO Federal 81.85 3,731.42 See Sze Federal 35.11 1,903.36 Medicare Federal 8.21: 445.14 TOTAL TAXES 125.17 6,079.92 Antoinette L Jefferson 6040 SW 62ND TERRACE MIAMI, FL 33143 _ = == O T H E R. 0 E D U C T I 0 H. S DEDUCTION CURRENT Y -T -D. AD' D* P.l an 0.28 14.51 Dep AD &D 0.14 7.28 .' Stock Plan 20.00` 260.08 401K Loan 3 1,571.82 401K Loan, 4' 1,003.03 Child Care. - 675.00 Prepaid Legal. •3.45 179.40 TOTAL'OTHER BED '•23.97 3,711.04 , NET PAY: 380.93 YOUR PERSONNEL NUMBER IS: 11945 PERIOD- START: 12/14/Z000 PERIOD -END: 12/20/2000 _ G> Q Ok O N 6 0 to A m k � z O oa r 00 -� m x 9 m oz v lb m m Gr 7 u, R4 •...0, N 0 oP o ' m on S i '0 b ❑ k T N' SS O Ny nz a q A r x D � x3 m az 4 � � N3 > 'z 0 00 0 co LIBRARY .9510 00 .511 S10 to NiumlEbgl DISC AMOUNT DUE if PALO IN HMSTD EX SUOD FIRE RE .683 00 4 .111 SUB TOT 14a•a5 HMSTII -EX 40659 25110 0 I MIAMI.OADE COUNTY NON -A V A L 0 REM A 5 SESSFAMNT3 - -- SPECIAL A SSM S: OSST RA FOOTAGFUNRS AI.0UNT ZAJ - . _ , • ~ -. BLK 315 & 7..5FT ALLEY LYG co mBIN'E CLOSED PER,R -92 -1515 -D TAX, BILL FOp Y" remFos 00035 0940250100910D 111AAA1•DOOE 0000000 DODOODD 00350 b ..:.. 2000: AD VALOREM TAXES 1100 MILL CD: n9nn Fpuoi NAME: SCHOOL A N 0 T A T I T R I C T S AMOUNr DUE >F FIND IN AUTHORITY RATE AMOUNT AUTHORITY RATE UNT . SCH DEB 504 0 _.:...�: •.... .62.]15 DEC _.... :. 98.47 ,..,.4 WMNDIST DODO .58 .597 .35 SUR TOT FEB MAR 430.79 w`. :.. HIANI -...� ... SUB TOT - 99.79 ��.,__! i DAD E C 0 UNTY D I S T R I 21S . ubluutju DST SYC 520 00 1 Al. • VALUAnoNS LIBRARY .9510 00 .511 S10 to NiumlEbgl DISC AMOUNT DUE if PALO IN HMSTD EX SUOD FIRE RE .683 00 4 .111 SUB TOT 14a•a5 HMSTII -EX 40659 25110 0 IMIN U CYRMID DRAW PAYABLE W U.:. ftMOf DMWN ON U.S. BANKS TO: CAGE COUNTY TAX COLLIMA NON -A V A L 0 REM A 5 SESSFAMNT3 - -- SPECIAL A SSM S: OSST RA FOOTAGFUNRS AI.0UNT ZAJ LOT 92 BLK 315 & 7..5FT ALLEY LYG 6040 SW 62 TERR W & ADJ CLOSED PER,R -92 -1515 - COMMENTS: NUMBER IS 305 70 ^4916 TAD 305 372 -63_D.. 9. r_ T DETACH HERE T �_- -_- . - -- - - - - -- MIAaII•DAOE COUNTY AllAul C m oe ?nnn R;:&j PROPF_RTYNAXES Z X B I L L 4 VALUATICINS 1A1 CODE S10 to NiumlEbgl DISC AMOUNT DUE if PALO IN HMSTD EX SUOD U • X: DEC 926 7 X JAN . 7 116.' 9 x FEB 102 X MAR 410- IuTO IMIN U CYRMID DRAW PAYABLE W U.:. ftMOf DMWN ON U.S. BANKS TO: CAGE COUNTY TAX COLLIMA 0967 SEO 000021-000021 DELINQUENT AFTER MARCH 371 12/07 Nov FRANKLIN SUB y ANTOINETTE POITIER PB'S -34 LOT 92 BLK 315 & 7..5FT ALLEY LYG 6040 SW 62 TERR W & ADJ CLOSED PER,R -92 -1515 MIAMI FL 33143 -.2256 ETC ROLL 00035 0940250100910D 0000041079 00000000 0000000 DODOODD 00350 b Ll�A _ .. . 61-23 -61 21:55 TO:Rvdar Training FROM: F6? 4 a C) PROPOSAL SHEET 1`10. DATE PROPOSAL SUENvIiTTEDTO: WORK TO EE PERFORNI.Ec) AC-1 ADCRESS'. . t1,010RCS3 CITY. STXI'E. &I CITY'STATE... DATE OF PLA*,14S M ?S c PHONE NO.• ARCHITECT—'- Yb� hem0by p.rcpcse to furnish the materials and perform the labor necessary for the -cmp!ek," ct A —Ir X;,, -thUN --6 P- AX4 afl 01- I 7e --A Lg, olzL- _A.oQA-12) wl i P- 14 All nnaasrial is guaranteed lt-j be as specified. and the above ,vork, to be pertcIrm-3d in. P.Ccordince with zh-:? drawing .,.z ni specifications submnitt.ed "-.)r -abovs, ,%lorli and ccinpleted in a substantin; %vorkmallilike mannerfor the sJI-0 Of: I ivivi 9L;.Uj . ze DO y/W pa.vfnerlts to h' -, as follo`r`:s 7 Q-cm-Pif-,4izxI, dry lvx, ,II; " -e-vn,; Respecthilly sutmitt-i'd *4 irly -tcom) nm gara ch-v;j 24nIv :be 40.rrsta A ag.'RumanI3 .nrnm--r1 Uzm v:�iTYO qy";•J cu, cxnl. may by ,.:.r if riot accspi-)d �Jthin-- ACCER , TAINICE OF PROPOSAL -3 r9by zi�,. pfed, �Ycii a-ra'a, Z-3c, '0 c thayxrk e.i speci'led. F-a r-, e;I'S �Mil 1 P� C.- VU-1 '�ii6,30 _vC SIGMA UR=. DATE E Z,AWTIS 94-30 waraa ei Floridian A;;111� EST CONTROL SING 1946 / The 'guarantee' is in the name. 12540 S.W. 130th St. Miami, FL 33186 Phone: 305- 238 -7447 Fax: 305. 238 -5669 v E RMITE CONTROL. WORK ORDER Data GUARANTEE FLORIDIAN Is hereby authorized to treat the premises described above for the control of: CHEMICAL CONTROL - See Reverse Side (] Subterranean Termites - excluding Formosan FUMIGATE N Drywood Termites ood Borers (] Powder Post Beetles On the Xgofe Infestation idence Infestation [i Prevention C1 No Inspection Notice of Treatment will be placed (LOCATION) PAYMENT. $ � Initial Treatment $ included One Yecr Limited Guarantee $ Remove /Reattach Screens $ Other Fees $ Tax 0 Amount $ Less Deposit (minimum !0%) $ °(cclance Due upon complation Annud Renewal Fee S j GENERAL PROVISIONS, 1. During the term of this Agreement, Guarantee Floridian will reinspect periodically upon the reasonable request of the Customer and any nec- essary further treatment will be provided for no additional charge. Customer agrees to make the premises available for reinspection. 2. Guarantee Floridian will renew this service annually for the premises for $ per year payable on or before each annual renewal date. provided that the company shall have the right to revise the annual renewal charge beginning the sixth (6th) year from the date of initial treatment, 3. This Limited Guarantee is transferrable to a new owner but we must be notified in writing prior to the change. 4. Guarantee Floridian shall not be responsible for present or future damage to property or contents. or for repairs or compensation therefor. The only obligation of Guarantee Floridian shall be to provide the necessary additional treatment to the premises. at no extra cost, if live infestation of the above wood destroying insect is found in the premises during the term of this agreement. 5. This agreement covers the premises diagrammed on the Graph as of the date of actual treatment, and in the event the premises are structuraAy modified. altered or otherwise changed after date of initial treatment, this agreement sholl.terminate unless a prior written agreement shall have been entered into by the Customer for Guarantee Floridian to reinspect the premises. provide additional treatment and /or adjust the Annual Renewal Fee. 6. This agreement shall be effective only upon payment of the charge provided for herein. 7. In the event the Customer defaults on any installment. the entire balance due hereunder shall become immediately due and payable with interest at the rate fixed by law, and the Customer shall reimburse Guarantee Floridian for it's cost for collection, including reasonable attarrey's fees. 8. This agreement rrray not be changed in any way by any representatives of Guarantee Floridian or me unless it is changed in writing and signed by a corporate officer of Guarantee Floridian. I have had no representations or inducements made to me except what is written in this agreement. 9. This will acknowledge that the Customer has recd, understands and agrees to abide by the HOMEOliVNER'S PREPARATIONS FOR FUMIGATION PROCEDURES as set forth on the attached form. Accepted By: y X Qua - -- . SrQr`cluw hint Nan• Yellow- Customer Copy 1� SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY' INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: March 1, 2000 and CRA Board From: Gregory J. Oravec Director REQUEST Subject: Meeting 3/05/01- Contract to purchase 5825 SW 68'h Street A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) APPROVING, A CONTRACT FOR SALE AND PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68 STREET; AUTHORIZING: EXECUTIVE ' DIRECTOR AND GENERAL COUNSEL TO EXECUTE, ALL NECESSARY DOCUMENTS AND PERFORM ALL NECESSARY INSPECTIONS. BACKGROUND & ANALYSIS The attached Contract for Sale and Purchase of 5825 SW 68 Street, the "Mobley" Property, is the result of several months of discussion between Mr. Alan Dale Mobley, property owner, and SMCRA staff. The attached map (Attachment "A ") demonstrates that the subject property is bordered to the north and west by the City of South Miami's Murray Park, to the east by an office building and to the south by SW 68`h. Street. Along with Murray Park, the property is just east of the geographic center of the South Miami Community Redevelopment Area. The subject property is approximately 18,375 square feet in size and is improved with an approximately 6,528 square foot office /wardhouse building which was constructed in 1983. The building is divided into four bays. Each bay is separated internally by a concrete block wall and has its own ingress /egress. Each bay is currently leased to a private tenant. The purchase of the subject property would result in the following significant benefits: Park Improvements As the City of South Miami's Consultant, MC Harry Associates, has progressed through its ' . master planning of Phase II of the 'Multipurpose' Center at Murray Park, the benefits of acquisition of the subject property have become increasingly evident. The purchase and inclusion of the ,subject' property 'in the park campus would result in several design. enhancements. It would facilitate the construction of a swimming pool (a community dream), - allow a significant portion of the Parks & Recreation administrative space to be moved out of the "Gymnasium" Building, thereby maximizing programming space, increase on -site parking, allow additional recreational programming such, as the warm -up track and provide for better buffering of the park from the surrounding residential uses. Economic Development The SMCRA Board has already, initiated the SMCRA's economic development initiatives by approving Micro- Business USA (formerly known as Working Capital Florida).. Micro - Business USA provides the teaching and start-up capital necessary to launch small bus_ inesses. Most of the business owners begin at home, but where do the fledgling businesses go as their businesses expand? There are zoning regulations against home businesses, and the South Miami and Miami -Dade County real estate markets are too expensive for these fledgling businesses. The 6,528 square foot . office /warehouse. building provides excellent space for a small -scale business incubator. . The four bays and the building's 22 -foot ceilings can accommodate a variety of businesses simultaneously, allowing the SMCRA to offer fledgling businesses a place to grow. Through this incubator, the SMCRA will greatly enhance economic development in the Redevelopment Area and surrounding community. SMCRA Office Location Although it is slightly east of the geographic center of the neighborhood, if the property .is integrated into the Murray Park site, it will be at the heart of the community. The proposed Phase II master plan includes SMCRA office space in a new administrative -annex . to the Mobley building, giving the SMCRA office space and a presence in the very heart of the community it strives to serve. Additionally, the SMCRA office space would be collocated with the Parks & Recreation Department. The City has agreed to provide the SMCRA much -need office support through the Parks & Recreation Department. FY 2000 -2001 Goal 2: Clearly demonstrate the potential of the Agency, and of the Community. This goal states that the SMCRA must clearly demonstrate the potential of the Agency —to greatly enhance the quality of life in the CPA Area -and of the Community —to be a dynamic, prosperous. community with a high quality of life and high levels. of municipal service —by focusing on CRA projects and, or, programs which represent longstanding dreams of the community. Phase II of the Multipurpose Center, a.swimming pool and local businesses —all dream: reams and hopes of the Redevelopment Community, all can be significantly assisted through the SMCRA's purchase of the subject property. The purchase would undeniably demonstrate that the Agency can help the community realize its dreams and improve the quality of life. Staff proposes to realize the above - described benefits at a fair market value. The proposed contract provides for a total purchase price of $430,000, which is the appraised fee simple market value of the property as determined by William John Eisnor, Jr., SRA, SRPA, MAI, a certified property appraiser in the State of Florida.. A summary of the property appraisal is attached as Attachment "B." The Contract provides a sixty -day inspection period which allows the SMCRA to make all necessary environmental and building inspections and secure financing. It is important to note that if the. SMCRA finds the property unacceptable for any reason whatsoever, such as contamination or an inability to secure proper financing, the SMCRA may terminate the contract without penalty.: General Counsel will comment on j other noteworthy provisions of the contract at Monday night's meeting. Staff proposes to finance the property by borrowing from the Florida League of Cities Loan Florida Municipal Loan Council Program. This is the program that the City is using to finance the required: match for Phase II of the Multipurpose Center at Murray Park, and it offers extremely competitive rates j and terms. The current interest rate is estimated at 4.4 %. The program raises the funds to be loaned by issuing bonds. However, the next series of bonds will not be issued until May. This timing may preclude the SMCRA from receiving the funds before the end of the -SMCRA's inspection period on the property. Therefore, the SMCRA proposes to utilize the Program's' interim line of credit. A resolution authorizing the SMCRA's participation in the Florida Municipal Loan Council Program and a corresponding memo discussing the details of the program will be presented to you at your next meeting. Given the anticipated benefits and terms of the contract, the purchase of the subject property represents an excellent opportunity for the SMCRA to profoundly impact the Redevelopment Area in a positive manner. RECOMMENDATION Your approval is recommended. N RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI' COMMUNITY REDEVELOPMENT AGENCY (SMCRA) APPROVING A. CONTRACT FOR SALE AND PURCHASE OF THE PROPERTY LOCATED AT 5825 SW 68 STREET;, AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO EXECUTE ALL NECESSARY DOCUMENTS AND PERFORM ALL NECESSARY INSPECTIONS. WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) is committed to achieving holistic neighborhood revitalization through physical, economic and social development; and WHEREAS, to achieve neighborhood revitalization, the SMCRA is granted powers by the State and County, including the ability to purchase property; and WHEREAS, the Chair and SMCRA Board desire to purchase the property at 5825 SW 68 Street in order to implement several redevelopment initiatives which will positively impact the community's quality of life and effect physical, economic and social development. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Contract for Sale and Purchase, attached as Exhibit "I," is approved. Section 2. That the Executive Director and General Counsel are authorized to execute all necessary documents and perform all necessary inspections. Section 3. That the resolution shall take effect immediately upon approval. PASSED and ADOPTED. by a vote of the Board of Commissioners this day of , 2001. ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL CHAIRPERSON CONTRACT FUR SALE: AND PURCHASE' PARTI Sr VIABLE A. MOBLEY, being the unremmied widow of WALTER A. MORLEY. Occeascd, having; a mailing address in care of Alan .Dale Mobley, Trustee. RO, Box 43 -1458, South Miami, Florida 33243 -1455, (Tax Identification Number: 243 -22. 1612), as "Seller ", and SOUTII 61JAMI COMMUNITY REDEVELOPMENT AGENCY (SMCIIA), a having a mailing address in care tor the City of So11113 Miami, 6130 Sunsel Drive, South Miami, Florida 33143 ( lle l ioo: >, m "llayer ", hereby agree Ilia( (lie Seller shall sell, and the lluycr shall buy, the following pritpelty "Real Property" upon the tulltiwing terms and cundiliuns: L DESCR1UN: legal description of the 11toperly located in MIAM6DADF.'Cuunty, Florida: A. Real Property: 'Ilia Iegat description of the real property located in 511AMi -VADE County, Flutida situnle in ilia vicinity ol'5823 S.W. 68th Street, South Miami, Miami -Dade Cuunty, Florida (thc "Red Property ") is as follows: Lots 18, 19, 20, 21 and 22, in Block 8, of 11CALTY SFCURITIK'S CORPORATION'S '1'OWNSITE OF LARKINS, according to the Plat thereur, as recorded In flat Book 2, Page 105 of the Public Records of Miami -Dade County, Florida. 1j 1'1am! -Dade Tax [folio Nu,: 09- 4025 - 028 -0930 111e Real Property is referenced as the building and improvements generally described as follows: One (1) building with four (4) Suites and conliguous parking lot, D. Personal ,Property: The description and inventory ortlrc Personal Property also being sold with the Real Property, if anv there he, are those items specifically itemized on Exhihll "A" attached hcletu, and by this reference expressly made a pan hereol' and located on the Real Property (the "Persunn) Properly"). (NOTE The Reul'.I'ropclry and Personal Property shall be collectively described as the "Property" herein unless individually designnled,j TIIE PROI'EltTY IS BF,ING SOLD IN "WHERE IS, AS IS" CONDITION WITIiOUT WARRANTIES OF ANY KiND. THIS SALE AND PURCHASE IS A SALE IN GROSS Or, TIIF, PROPERTY DESCRIBED IN 'rills CON'1'RA(:1' (INCL.IISIVF.OF AL,L EXIS'1'1N(; 1MPItOVF.h1EN'I'S SITUATE, ON TIIE REAL PROPEITY, FASEMFNTS, AND APPURTENANCES Ti1ERE'1'0). . ,2. PURCHASE PRICE ............................................................................ ............................... S430.0110.00 Payment: (a) Contract Deposit in the amount of ...................................... ............................... $ 4,3110.110 (b) Additional Deposit in glue amount or .............. ................ ............................... $ 17,2n0.111) (c) Balance to close:(U,S. wire transfer, LOCALLY DRAWN certified or cashier's check) subjeci to adjustments and proralioll3 ..... ............................... $408,500.00 : TOTAL:. 5430,000.00 This Buie and purchase is an ALL CASII transactiun without any contingency for any financing Isom any source. All payments by Buycr pursuant to this Contract shall he made in U.S. finds. 3. EFFECTIVE DATE: The date of this Contract c native Dale ") rvi11 he Jlle date wiles the Fist one of the Jluycr and the Seller has signed this Contract. 4. UEPOSI'1': The Buyer shall deposit the totat sum of TWV.NTY -ONf, THOUSAND VIVE; IIUNDRED AND NO/100 (S21,5410A0) DOLLARS with LAWYERS TITLE.. INSURANCE CORPORATION, Suitc 2660, Fitsl Union National Hank Building, 200 South niscayne Boulevard, Miami, Florida 33131 (Attention: Mr: Greg'Lcll) (Ilia "Escrow Agent "), payable to the Escrow Agent its follows: (a) $4,300.00 concurrently with Buycr's execution of this Contract (thc " Con(ract Deposit "); and (h) S17,200.00 payable no Inter than three (3) days from expiration of the inspeclion Period (as hereinafter defined) (the "Additional Deposit")- (The Contract Deposit and Additional Deposit shall be collectively rcferrcd to as the "Deposit "). Tim Dclwsit shall be reuiltnl lu the Issrruiv Agent by check, subject to clearance, and shall be held by the Escrow Agent in an interest- bening accoiurr wittnnt penalty I'm early wilhdrawal.'llto Escrow Agent shall deposit ilia Deposit opoll receipt oran migival folly executed Cuntlacl and shall otherwise abide by and nperalc pursuant to Ilia futher Ienns of this Com mul pertaining hl the Deposit and escrow of the same anti lire standard escrow provisions orEscrow Agent set forth below in Ibis Contract, subject only to mutually agreed upon modificntions ax may be executed by the parties hereto In writing. All references in this Contract to the "Deposit" shall be deemed to include any interest which is oumcd thereon with all interest in nil instances to be paid to ilia party entilled to receive ilia Deposit, with the exception (tint if the Moyer cioses this side apt of imai pares tr 11nt1 )alt. a eta aY, t omigri -79, itllTf Ct» rrr-ircl rot. Side And I'urCluist, and purchase pursuant to this Contract, all interest on the Deposit paid to Seller shall be credited to Buyer against ilia Purchase Price. In all events, if Buyer does not cancetthis Contract within the Inspection Period (as hereinafter defined), the parties hereby acknowledge and agree (and so direct the Escrow Agent) that the Deposit (inclusive of all accrued it thereon) shall belong to the Seller, and said Deposit thereafiershall be the sole property of Seller and earned in fill by Seller to compensate Seller for taking the Real Property off of the market and to compensate Seller for liquidated damages that are difficult to calculate with mathematical precision. 'Provided that the Seller is not ht default under this Contract and the Buyer has not elected to cancel this Contract and receive a refund of the Deposit during the Inspection Period (ashereinaflcrdefined), the Escrow Agent is hereby directedto pay the Deposit (and all accrued interest thereon) directly to the Seller upon the first occurrence of: (a) closing this transaction with the Buyer; or (b) any default by Buyer under this Contract (fn which event the provisions of Paragraph 25 below shall be applicable). S. TITLE. EVIDENCE: No later than thirty (30) days from the Effective Date of this Contract, Setter shall deliver to Buyer (or Buyer's counsel), at Seller's expense, a title insurance commitment (with a copy of all applicable title exception instruments) (the "Title Commitment ") issued by LAWYERS TITLE INSURANCE CORPORATION (the "Title Company") agreeing to issue to Buyer, upon recording of the Deed(s) to Buyer, an owner's policy of title Insurance in the amount of the Purchase Price (with all premiums paid at closing at Buyer's expense) (the "Title Policy "), insuring Buyer's title to the Real Property, subject to the permitted title exceptions as set forth in "Annex I" attached hereto and by this reference expressly made a part hereof (collectively, the "Permitted Title Exceplions") and additional matters, it' any there be, materially and adversely affecting the marketability of title to the Real Property being conveyed by Seller pursuant to the Deed(s) which shall be discharged by Seller on or before Closing (as hereinafter defined). Seller shall convey a marketable title to the Real Property by Special Warranty Deed, subject to Pennhied Title Exceptions and other matters, liens, encumbrances, exceptions or rluallficalions as specifically set forth fu this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective for any reason not noted in this Contract, Buyer shall, not later than the expiration of the Inspection Period (as hereinafterdefinod) (the "Title Examination Period "), notify Seller in writing specifying any alleged defect(s) or objection (the "Title Objection Notice "). If any such title defect(s) exist which arc not noted in the Permitted Title Exceptions or this Contract and which render title unmarketable, Seller will have 120 days from receipt of the Title Objection Notice from Buyer within which to remove the dcfect(s) (but without any obligation to file any lawsuits), failing which Buyer shall have the option either to accept the title as it [lien is, or to demand a refund of Deposit paid (including all interest earned thereon) which shall immediately be paid to the Buyer, whereupon Buyer and Seller shall release one another of all further obligations under this Contract. In no event shall the Seller be required to file suit to cure any title defects not directly caused or created by the Seller. By agreeing to the provisions of this Paragraph 3, it is the express intent of Seller and Buyer that the Buyer must examine title and report as to pjj existing title objections created or caused by the Seller or otherwise within the Title Examination Period. IT IS THE INTENT OF THE .PARTIES THAT BUYER SHALL ]I AVE TIIE RIGIIT.TO REVIEW AND APPROVE ALL MATTERS OF TITLE, INCIAISI V F.OF THE PERMITTEDTITLE EXCEPTIONS, DURING THE TITLE EXAMINATION PERIOD. IN THE EVENT BUYER OBJECTS TO ANY OF THE PERMITTED TiTLE EXCEPTIONS DURING THE TITLE EXAMINATION PERIOD, SELLER SHALL HAVE NO OBLIGATION TO CURE ANY SUCH PERMITTED TITLE EXCEPTIONS. BUYER'S REMEDY IN THAT EVENT IS TO CANCEL THIS CONTRACT PRIOR TO THE EXPIRATION OF THE INSPECTION PERIOD (AS HEREINAFTER DEFINED). IN THE EVENT BUYER FAILS, NEGLECTS OR REFUSES TO PROVIDE SELLER WITH THE TITLE OBJECTION NOTICE WITHIN TIIE TITLE EXAMINATION PERIOD, BUYER SHALL BE DEEMEDTO iiAVE ACCEPTED THE TITLE TOTHE REAL PROPERTY THROUGH AND INCLUDING THE DATE OF THE TITLE COMMITMENT. In all events, the, acceptance of the Deed(s) by Buyer shall be . deemed to be full performance, and a discharge of every agreement and obligation on the pan, of Seller to be perforated pursuant to this Contract, except for those matters which are specifically set forth in this Contract as surviving the Closing (as hereinafter defined). 6. CLOSING DATE: This transaction shall be closed and the Deed(s) and other closing papers delivered to cause conveyance of title to the Real Property twenty (20) days following the expiration of (Ito Inspection Period (as hereinatterdefined) (the "Closing Date "). 7. RESTRICTIONS: EASFM F.NTS :LIMITATIONS: In addition to the Permitted Title Exceptions, Buyer shall take title subject to: all present and future building code regulations and requirements, zoning codes and regulations, restrictions, prohibitions, ordinances, resolutions and other requirements and orders of general applicability issued or imposed by any governmental authority (provided that the same do not render the title to die Real Property unmarketable us provided in Paragraph 4 abuvc in this Contract); restrictions and matters appearing utt the plut or otherwise cummun lu the subdivision; oil, gas and mineral rights (if there is no right of entry); public utility easementsof record; taxes and assessments for the year of Closing and subsequent years; municipal and county waste and garbage collection charges and all other similar charges, if any, which are not yet due and payable as of the Closing Date; the Permitted Title Exceptions (subject to any applicable proration(s) pursuant to Paragraph 21 below in this Contract); and any other matters disclosed or otherwise provided for in this Contract as being the responsibility of the Buyer. 8. OCCUPANCY: Seller warrants that, on the Closing Date, there will be no parties in occupancy of the Real Property other than Seller and the Tenants (as hereinafter defined) disclosed to Buyer pursuant to this Contract. Seller agrees to deliver occupancy of the Real Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before Closing, Buyer assumes all risk of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted the Property.. Page 2 of 101*1 pages 1,411 MVIA00 JDAM kriday, March 2, Contract For Sale And Purchase j i i I in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing signed by Seiler and Buyer: 9. RE 1I, PROPERTY INSPECTION: Buyer's duly authorized agents and representatives (excluding inspectors and representatives of any governmental authorities) shall have the right, at Buyer's sole expense commencing on the )effective Date of this Contract and continuing for SIXTY (60) DAYS subsequent thereto, to enter into and upon the Real Property and all parts of all improvements thereon to make private inspection(s) and examine the same for any reasonable purpose required by Buyer as well as to do all other things which are reasonably necessary and proper to evaluatethe Property ( the "Inspection Period ") provided that all such inspections: (a) are made after forty -eight (48) hours prior written notice by telefax to Seller; (b) do not damage or materially' and adversely affect the Property; (c) do not unreasonably interfere with, injure or damage any tenants or other parties h► possession or occupancy of the Property or their property; and (d) are made in coordination with Seller's designated representative (being ALAN DALE MOBLEY, unless Seller notifies Buyer to the contrary during the aforesaid forty -eight (4 g) hour pre-inspection notice period. Buyer also, agrees not to interfere with Scller's relationship with, or otherwise disrupt or disturb, any existing Tenants (as hereinafter defined) occupying all or any portion of the Real Property, and to repair all damage to the Property caused by Buyer (including that of Buyer's agents and representatives) and to indemnify and hold Seller harmless tram and against all claims, demands, actions, suits, damages, injuries and liability of all kinds whatsoever arising directly or indirectly as a result of any of the foregoing inspections. Buyer further agrees that none of Buyer's duly authorized agents and representatives shall enter upon the Real Property without first providing proof of comprehensive general liability and casualty insurance from a reputable insurer duly licensed to issue insurance in the State of Florida with a Best's Insurance Guide rating of B+ or better in a sum of not less than' $1,000,000 at Buyer's sole expense, which insurance shall also be reasonably acceptable to the Seller which shall insure and protect .Buyer and Seller. Seller agrees to reasonably cooperate with Buyer's duly authorized duo diligence inspectiuu representatives to the eventany information which is material and relevant to inspection of the Property is known only to Seller and not otherwise obtainable front readily available public resources of such information. In the event the Property is unacceptableto Buyer for eny mason whatsoever (including, without limitation, title and/or survey objections, inability to obtain desired third party financing, environmental problems), prior to the expiration of the Inspection Period Buyer, acting in Buyer's sole discretion, shall so advise Seller in writing and state that Buyer intends to terminate this Contract (the "Property Objectinn Notice "). Asa condition of such termination, Buyer shall provide Seller with a copy of all of Buyer's inspection repot secured from third party sources, including „ without limitation all structural studies and reports, surveys, environmental reports and all other due diligence information secured or held by Buyer pertaining to the Property or this transaction (but not, intended to include Buyer's internal memoranda and direct communications between Buyer and Buyer's legal counsel separate and apart from any such third party Inspection reports isecured by Buyer). Provided that Buyer is not in default, Seller shall cause the F,scrow Agent to refund any Deposit paid by Buyer pursuant to this Contract, and this Contract shall be canceled and each party released of all further liability hereunder.' ALL EVENTS, IF BUYER FAILS, NEGLECTS OR REFUSES TO CANCEL THIS CONTRACT AS PROVIDED IN THIS PARAGRAPH WITHIN THE TIME PERIOD PROVIDED THEREFOR, BUYER SHALL ACCEPT THE PROPERTY IN ITS R(jSTING;'WiIERE IS,_A4 1S" CONDI OLI. Within five (5) business days from the Effective Date of this Contract, Seller shall make available for Buyer's review and inspection at Seller's office the following documents, to the extent any exist and are in Seller's possession and control and cannot be secured by Buyer from third party sources during Buyer's due diligence inspections during the Inspection Period: (A) guarantees, warranties and service contracts (including without Ihuitation garbage, termite, property managetnent,roof maintenance, natural gas,' elevator and any other maintenance agreements); (B) insurance policies (including, without limitation, fire, Flood, casualty, liability, wind, loss of rents and workmen's compensation); (C) existing licenses and permits; (D) written Leases, or summary of any unwritten month -to -month Lenses (as those terms are herelnafterdeftned), of all Tenants presently occupying the Real Property, and any additional and relevant rent roll information not supplied in Exhibit "B" attached to this Contract (all of which the Buyer acknowledges is proprietary information of fire Seller); (E) building plans for the improvements on the Real Property; and (F) any existing surveys of the Real Property. 'IUe afnresahl documents may be temporarily surrendered by Seller to Buyer ,tor the sole purpose of photocopying the same, provided that all such documents are returned and deliveredto Sellerat Buyer's sole expenses in the same condition and order as received from Seller within forty -eight (48) hours from the date and time of Buyer's receipt of the same. If, for any reason, Seller fails or neglects to fully comply with the provisions of this Paragraph within the time period allowed therefor, Buyer shall telefax a courtesy notice to Seller and Seller shall cure such non - compliance no later (hart five (5) business days from the date of receipt of Buyer's courtesy notice to the extent Seller is reasonably able to do so. BUYER ACKNOWLEDGES AND IIECOCNIZES THAT, AS PART OF MAKING THIS CONTRACT, SELLER HAS MADE THE FOLLOWING DISCLOSURES REGARDING THE PROPERTY WITHOUT WARRAN'T'Y OR REPRESENTATION: (A) Seller represenislo Buyer that Seller previously has Bled a Petition with the Miami -Dade County Vahration Adjustment Board which contested the Miami -Dade County Property Appraiser's assessed valuation of the Real Property for, 2000. Pending resolution of lids Petition, the 2000 ad valorem taxes are currently unpaid on the Real Property. In the event the full amount of all real property taxes due on the Real Property for the 2000 tax year are not paid in till[ on or before the Closing I , ace 3 0112 to ■ Paxu .,eat er r uu ate: r ay, arc , Contract For Sale Ancl Purchase Date, Seller eonscn(s and agrees (lint a som equivalent to such unpaid taxes shall hr disbursed out of Seller's proceeds of this sale Into escrow with the Escrow Agent unit! such fnxcs arc paid. (B) Cerfalo additium and improvements have been made to the Property by prior and cm•reut tenants, and certain personal property is stored not Ilse lical Properly, which are the pruperly of the respective icnants, and thereftire these additions, intprovernenis and persnnal property may be subjecl to removal upon the Icnnnis vacating the Rcnl Property. An inventory of additions and improvemen(s Installed by the Tettants %%Idch are presently known to Seller Is Itemized fit Exhibit "A" nllached hereto and by this reference expressly made a part hereof. Notwithstanding any expiration of Cite foregoing Inspection Period without prior canccllnlinn of fills l:onlrnct by Iluyer, Cite parties acknowledge nod ngrce lhnl (toyer (upon prior appointment with Seller in tine manner provided motive in this Paragraph 9) tray walk through the Real Property prior to the Closing Dale solely to verify that Seller has fulfilled Seder's contractual obligations, and to confirm that the condition of the Real properly has not changed in a mauuer material and adverse to lite Buyer from (lie expiration date of the inspection Period. No other issues may he raised as a result of the walk - through inspection. 10. SURVRY: Buyer, at Buyer's sole expense and within file Inspcctiun Period, may (bill shall'au( be obligated to) cause the Real Property to be fully surveyed by a Florida licensed surveyor or engfweer..Ir. such n survey is obtained by Buyer, the survey shrill comply with Chapter 472, f!Inrida Statutes, n% well a% the Atirlimonr Technical Standards set forth by the Florida iJoard or Pfofessionnl Lnnd Surveyors in the Florida.Adnrinistralive. Coda., as amended, for Land or Boundary Survcys, as delined therein, and the surveyor or engineer shall artily compliance therewith; the surveyor %flat( provide on the survey accurate and complete legal descriptions for nil the Real Property; and the survey shall be certified without qualification to the Seller, Buyer, respective counsel for Seller and Buyer, the Title Company and any other parties designated by Buyer under seal by lite aforesaid Florida licensed surveyor or engineer (tile "Survey"). 'llte Survey shall also: (i) be dated no earlier than the Effective Dale of this Conlnct: (ii) delineate the buundary lines of the Real Properly; (iii) reflect laid describe any casements and rights-of-way thereon, recorded or ullsciwise, as well as all roadways and other matters appearing of record or required to he graphically or legally described under 1'lorida law; (iv) evidence the elevation of (tie Real Property and state whether the Real Property is located within it (loud zone; (v) evidence lire location and names of raijnining streets; and (vi) be otherwise sufficicnl for the Title Company to issue to Buyer the uwncr's title insurance policy without including any standard survey exception (untess applicable to the Real Property pursuant to the provisions of Ilaragraphs 5 and 7 above in this Contract). If ate Survey shows any encroachmncml tin the Rcal Properly, or that irnprovetnenls located on the heal Property encroach on setback lines, casements, lands of others or violate tiny restrictions, Contract covenants (including, without fintitnlion, any Seller representations in Paragraph 12 below) or applicable governmental regulation, lite same shall constilute it title delcd in accordance wilhr file provisions of Paragraph 5 above in (his Cuutrucl. If. "AS IS" CONDITION: The 1'roperty is sold In Its existing "WHERE IN, AS IS" condition and with all faults, which Buyer expressly assumes full responsibility therefor as of the Effective Date of this Contract (subject to fluyer's right tit inspectiun during the Inspection Period specified in Paragraph 9 above) and also as of file Closhlg. The Seller does not snake any claims or promises regarding the quantity, quality, condilluu, use or value or the Property or any part thereof, if Buyer does not elect to cancel this Contract during the Inspection period specified in Paragraph 9 above, Buyer acknowledges (hit( Royer has fully inspected flue Properly and otherwise inside inqulric% concerning the qui nilly, quality, enodillun, tire, and vahle of fill- Property and has relied upon the Buyer's Independent inspections and review In purchasing the Property, fly executing, delivering and performilR this Contract. Buyer dues not rely upon any statement or Information made or given, directly or indirectly, whether verbally or In writing, by Seller, or any person or entity acting on behalf of Seller, other than as specifically act forth ill llrl% Contract. 12. SMLERREPRESENTATIONS: ScIler Ili ukcs tile ful lowing ICprcacnlat ions lulluyer (wit iclIshallsurvive the Closing Date for a period of six (6) months): A. Authority of Seller: Seller is sui 'r� leis, and has the lawful right, power, authority and capacity to bind Seller to the temts hereof and consummate the transaction contemplated by this Contract, pursuant to lite terms. provisions and conditions of this Contract. Il. Nun- Foreiea Person Status of Seller: Seller is not a "foreign person" as defined in Section 1445(1)(3) of lic lnlcrnal Revenue Cudc, us amended. Seller's U.S. Taxpayer Identification Number is 243 -22 -1612. C. Coidenmallon /Pendine Actloas: Scllcr is nut aware of any pending nr threutencd ruodt:nul:lliuu actions of any kind, or other pending legal actions materially and adversely affecting lite Rcal Prulkrty which preclude Seller's ability to close this sale and purchase on tile Closing Date as provided in this Comma 1). Assessment of Real Property: The Real Property. is currently assessed under 14ffanri-ilate ComntyTax Folio No. 09- 41125 - 028.0930• [s. C_arttpUance 1111h_Layv: Neither lite ex ecution and del ivery of I his Conlract nor Iheconstunnration of the transaction provided for bercia will violate any agreement to which Seller is it poly or by which Seller is bound or any law or statute, order or decree ill' any court or govemmernal agency. Page 4 of tut- pa{trs "`" ��'���� � tit t%nwti 11-Tr 1lii "erdny', riiiruaiy- IA`11T61' Contract our• Sale Arul Purchase IT. Limitations on Access: Seiler has received oo written notice of any restrictions Iirniting vehicular and Pedestrian access to, And egress from, the Real Property (other than thuse as described or referenced in Ibis Cnntracl). G. Own ershiu of Ibe Ilea Prover IY: Seller owns fee simple title to the kcal Property, free and clear or all liens, encumbrances, nlunlgoges and other nrsfters except for matters set firth in this Contract (including, without limitation, the Pcrmilled 'Title Exceptions). If. Violation : Seller has not received any written notice of ally rmcured violations (if- (if law or municipal ordinances; or (ii) inning. building, lire, waler, use, health, or ell vironmental statrles, 01 (finances, codes.. or (iii) federal, state, cotimy, ormunicipal, or other governmental agency rrgA lilt iuns, orders, or IegllihcurenIs, Mai it to the Heal Property. 'Illc representation in foregoing Clause (ii) its to receipt'of nu notices of uncured violations of "environmental statutes, utthnance5, or codes" shall include wrillcn notices received by Seller pertaining to any "ilarlydous Substances" and materials defined as: (n) "llamidulls substances," or "tuxic suhstaoccs" as Ihosc terms are dermed by file Comprehensive Environmental Response, Compensation, and liability Act ( "CBIL 'LA" ), •12 U.S.C. § 9601 ct sell,; or Ibe Ilanirdous Materials Transportation Act, 49 U.S.C. § 18112, all,as amended and hercaller amended; (b) "ha?,rduus waslcs" as that term is defined by the Resource Coo- ervation iutd Itecuvery Act ( "ItCRA "), 42 U.S.C. § 6902 e� sey as amended and hcrcalter amended; or (c) pnlychlorinalcd biphc.nyls ( "I'fllts ") or substances or compounds containing 1'C11s. I. Leases: 11le folluwiug persun(s) or enlitirs (adleclively, the "I'enanls ") arc cutrcnlly is pussasiunt of all or part of the Rcal Properly wider wrillcn Icnse ngrcemenls un a nwntli-to- utonlh basis ur for o definite rental tern but amcelable on not mute than thirty (30) days notice, or verbal month -to -month tenancies, witli the ezcc Oily, or the Slork_Avtpue �£Aie (tlescrl�cd,- Irclpw) (collectively, the "Leases "): SEE RENT ROLL ATTACIIr.D IIEUTO AS EXHIBIT "B ", AND BY TIIIS REFERENCE EXPRESSLY SSLY MADE: A PAIYI' IICREOF. All such Tenants under the Leases are occupying their spaces on it rent payhhg basis; no such l'enanls have paid oily rent fur more than one (1) moulh in advance other than as disclosed in the Rent hull. Nome of the Tenants arc entitled to ally rebate, concessiun, abatement, free rent or any other inducement other than as disclosed in lite Rent Hull. Seller has received tin written notice from ally of therctuurts of Any Pending ar threatened claims or lawsuits with respect to the Leases or any tenancies thereunder, or as to any other tenancies claimed by any third parties as to the Real Property, including without limitation any claitus for setoff. Any rental payments dur under any of the f..enses assigned, hypothecated, or encumbered by Seller prior to file Closing [.late shall be rcicnwil And /or terminated uu later than the Closing Date. The Seller knows of nn n0ier outstanding lenses or other agreenicnis for occupancy of any portion of the Real property, except as disclosed in this Contract. Doting the period that This Cnnlract is in full force and effect. Setter will not ether into any new leases as In lute Real Property, of any portion thereof, without Buyer's consent except for nwnth•lo -uwnth lease arrangements subject to termination at any time by Ilse Scllcr (which shall not require Buyer's consent). Seiler discloses that an existing Standard Industrial Warehouse Lease AgrecmcM dated as or.luly 1, 2000 In favor of STORK AVENUE, INC., a Florida corporation, (the "Slurit Avenue Lease ") is crfcelive for a three (3) year tern front July 1, 2000, which is cancelable nn not more than thirty (30) days prior wrltlen notice nrlerJuty 1, 2002 provided (list (he Lessur receives a conlri+ct In purchase the Properly described In the Stork Avenue Lease from it third party purchaser and cunsumnta(es a closing with such third party purchaser. J. Governmental ProceedlnQs: Seller has received no written notice of any pending or threatened . judicial, municipal, or administrative proceedings against the Seller or file Real Property, or which Seller is, or will be, a party to by reason of Seller's ownership of file Real Properly, including without limitation, einiecnl domain proceedings. Seller has not received any wrillcn offer front any public or quasi - public authority having puwem of eminent domain over the Real Properly. The Seller has received no written notice of any aflacluncnts, execution . proceedings, insolvency, bankruptcy, or other proceedings pending or threatened against the Seller or',lhc heat Properly. K. Real Estate Taxes: Other than all real property and personal taxes fur 2000 (which may not he due as of the lift'eciive mate or this Contract). Seller has received no notice orally read estate or personal prupetly taxes which Are presently valid and outstanding or validly Assessed against the Real Property, L. Unrecurdcd Aereemenls: Seller has not entered into any agreements pertaining ill the Read Properly which are nut of public record: (1) will nay state, county, or local governmental anihority or agency; or (if) which are not otherwise described in This Cunlracl. No commitments have been made by the Selici to any governmental agency, utility company, orothers which wnnld impose an obligation upon (tic Ruyct, or its successors and assigns (where assignment is permitted under this Contract) of any nature which are not otherwise described in this Contract. M. r'reservallon of Rent Pruner( : Seller will maintain the physical condition ofthe Real Property, including the grounds and All other elements of the Real Property, in the same condition ns exists on the liffective Date of this Contract through lire Closing Onte, except for ordfnnry wear and fear And mm0ers of casualty loss (covered by Paragraph 31 below is this Contract), And shall not cause, permit or suffer any act to be performed which might cause fill to be removed or other damage to the Real Property (other than any d:unApc cAUSM or creaucd, directly or indirectly, by Buycr or Buyer's agen(s, contraclots or employees). , On or before the Closing. Uale, and unless ulherwise accepted fa tvrithig by the Buyer, Seller represents that Seller shall retuave, or cause to be removed, from [lie Property the fulluwluR spcclfrc personal iii gr , u into P.> n �'� we Arvtnon TfMt:: «hr..T.y;TiF.nury lfiffr z f.o trit a ,Side And PurclitLSC property, trash and rubblshr l N, Insutanccyf 1%cill l_'r +�tcrly: Seller willkccpindinnintnin of) iusurincccuv 'crugesprttainint; to the Rend Property secured by Seller nod existing on the F.11'rclive Dale of this Contract in full truce and vilest to the Closing Date, 13. BUl'ERitEI'R(,SEN'1'ATIONS: Buyer makes the following representation% io %eller (which shall Sul vive (he Closing Date for a period of six (G) months); A. uthortty of Buyer-. Buyer is it valid Florida governmental agency, and has the lawful right, power, authority and capacity to bind Buyer to the terms hereol'and constmunatc life transaction contemplated by this Contract, pursuant to the terms, provisions and condit(uns of' this Contract. B. Preservation (or Prop riv: Prior to tine Clusing Uatc, Buycr will not cruise, permit or sutler any act to be performed which night cause fill to tie removed or other damage to the I'riperty (other than vandalises by third parties unrelated to Buyer and wry damage caused nr created, directly or indirectly. by Seller or Seller's agents, contractors or employees). C. Comnlianrc With Law: Nrither (fie execulicio slid delivery of this Contricinor (tic cotisunisolition of the transaction provided for herein will violate any agreement to which Buyer is it party ar by which Buyer is hound or any law or statute, order or decree of nny court or goveruuieutnt agency. D, Unrecorded Agreements: Tltc Buyer has not entered into any agtecmculs pc+taining to the Real Properly which are not of public record: (i) with any state, county, or local governmental nuiliurity or agency; or (ii) which are nut otherwise described in (Ills CoWnct. No cominitmcnis have been trade by the Mayer to ally governmental agency, utility company, or others which would impose nn obligation upon the Seller, or its successors and assigns of any nature which are not olhenvise described in this Contract. 14, LIENS: On the Closing Date, Seller shall furnish to Buyer an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims ot'ticn or potential lienors known ut Seller anti further attesting that there have been uu improvements or repairs to the Real Properly i'ur ninely (90) days immediately preceding llte Closing Date. tf the Real Prolicily has been improved, or repairs made.4vilhin that little, by Seller, Seller shall deliver rcicmcs or waivers of all applicable construction liens executed by nil general contractors, subcontractors, suppliers and marletialmcn in addition to Seller's lieu affidavit selling forth the names of all such general contractors, subcontractors, suppliers and materinimen and further affirming that all charges for' improvements or repairs which could serve as a basis Ibr a construction lien or a claim for damages have bcen paid or will be paid at Closing. 15. . LCASFS: In this Contract, the term "Lenses" shall mean and refer to all leases, subleases, licenses, franchises, concessions anti other occupancy agreements, written or oral, whether or not a matter of public record, for the use or occupancy orally portion of the Iteal Properly described or referenced in Fxhihit "B" attached hereto and by this reference expressly made a part hereof, Within Ilse later of five (5) business days finm the later of the i4fferrive Date of this Contract or 2001, Seller shall makc avaihrbic for lluyer's review and inspection at Seller's office all Leases in favor of eacli Tenant occupying, or having a tight to occupy, uny portion of file Rcpt Property together with Seller's Affidavit specifying: (1) the nature and duration of occupancy of the Tenants; (ii) rental rates, advanced rent and security deposits paid by the Tenants; and (iii) slating that the written lease ugteeancnl and any written addcudn thereto conxtitnles the entire ogteement bemcco Seller atml each Tenant with no mudilications, revocations or other agreements other titan as set forth ill any written Leases and any written addenda . thereto. If, for any reason, Seller fails or neglects to fully comply with the provisions of this p»ragraph within the lime periud` allowed therefor, llnycr shall lciclitx a courtesy notice to Seller and Seller shall cure such nun- - compliance mo later than five (5) business clays from the date of receipt of tluycr's courtesy notice to tine extent Seller is reasonably able to du so. No later than five (5) days prior to the Closing DaW, Seller shnil provide Buyer with estoppel letters lion the Tenants confirming the same inf ninnlioo as to the teases. In the cvrni Scllcr is unable to obtain such letters from all Tenants after making a good faith effort to do so. Seller may provide tine tiaalae inf'ornation required to be in the said estoppel letter being put ill life form of an updated Seller's Affidavit and delivered by Seller to Buyer no Inter Ilion three (3) days prior to the Closing Date, Seller warrants and represents that: (i) all work presently required to he perl'anned for the Tenants under their respective leases have been perhrrated or will be performed by the time al'the Closing Date; (ii) Ibere is no action pending between the Seller. as Landlord, and nny 'fennnt to reduce ilia amount of any rentals due under the terns of rho Leases presented to Uuycr tot its review; (iii) there is no option to renew any Leases or to purchase the premises by any tenant except as expressly noted in Exhibit "B+' attached hereto: and (iv) that no brokerage commission or compensation of nny kind is or will be due from Buyer as- the rents therefrom for leasing space, either pail. present or future, except as specifically noted in t:xhihll "U" attached hereto. Salter, shall deliver and assign aWoriginal Leases to Buyer on The Closing Date. which Buyer shop expressly assume from and aller the Closing Date cnceessor Landlord to Seller. Seller shall not mollify nr exercise any option to extend ilia lenn of uny existing teases without liuyer's prior written consent in eneh instance, which consent shall not be unreasonably witldteld. Seller shall indemnify and hold ltuyer harmless tiom Seller',. nonperformance under all Leascs in effect prior to the Closing Dale. Any brukeragc commissions incurred as a result oTany Leases oflhe (teal property in effect prior to the Closing Date shall he paid for in full by Seller, with Buyer assuring all such conanission payments accruing from and aticr the Closing Dale. oil the Closing Dale, Seller shall transfer and assign or otherwise credil it, Buyer all sectrily deposits of ilia Tenants (with accrued Interest; if any). Buyer may, but in no event shall be obligated in, assume nny existing rental agency, aef a e Z oft' ttMsT auto "� ` °"" —'" sea n e aa'liitii�iC"idnircil ty; Pefir ui'r} �fi 2bi17' Cemarael For Stile Aral Parchnse agicerntcuts of Seller as to lire Real property. Any such rental ngency,ugrceinents oat expressly assunncd by lluyce in writing shall nut be binding upon Buyer, and Seller slmll fully indcmtiify and hold Buyer harmless from all claims. actions, suits, damages need liability whatsoever as n result of any such non- aaumption by lluycr. All tent undu:r the Lcases shall be prorated as of the Closing Dale, with Buyer receiving a credit from Seller, equal to all advance rent paid for any period(s) of occupancy by tine Tenants on and alter the Closing Date. Durinp the lviprelimi Period, Buyer shall receive a copy of the Stork Avenue Lease kodreview Held evaluate (lie same us part of the due diligence period provident in Paragr1ph ,9 above. Nulwitltstanding; anything to the cuntrury in Ibis Contract, if Buyer does not cancel this Contract during the Inspection Period, Buyer most receive site assignment of the Stork Avenue Lcase from Seller, and assume the obligations or (lie Lessor tender lite Stork Avenue Lease, as part of the closing of [his sale and purchase. . IIUV I,,It A(:KNOWLBUGES AND AGRIiI {S'1'11A'i "1'111; PURCIIASF, PRICE, IN TI IIS C :ON'1'ItACI' SI IAI,1, NOT BE REDUCED IF ANY' 1'F.NANT VACATESTIM HEAL PROPERTY BETWEEN TIM Lrrr.mvli DATE OF TIBS CONTRACT AND 'mg CLOSING DATE 16. PLACE OF CLOSING: The closing for tine transaction contemplated by this Contract ( "Closln>: ") shall he held at the ulfice of the Tille Company, ter at such other closing site located in Miami -Dade Couoly, Florida mutually acceptable to Scllcr attd liurver. 17, 3'IMF;: Time is of the essence in this Contract. Time periods herein of Iess than six (G) days shall in tile computation exclude Saturdays, Sundays and state or natinnal holidays, and any time period piovidcd herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of llic next business day. 18. DOCUMENTS FOR CLOSING: Seller shall cinivey a inarketable title to lite (teal Property by Special Warranty Deed. Seller also shall provide all Absolute Bill of Sale as hi any applicable Personal 11nuperly owned by Scllcr and situate on lite Rcal Property, Construction Licn Possession tend Closing Affidavit (wilh FIRPTA and CAP assurances), General Assignment evidencing the transfer and assignment of all the Lenses, toycther with Seller's permits, contracts, licenses, agreements or oller documents pertaining to the Ucal Property which are in efTect ns of the Closing Date without recourse, csloppcl information ten pnyoff of the Cxisling Moftagc; and corrective title instruments or any), Buyer shalt furnish Cite Closing Statement and all other documents rctptired by this C011111%d 'or the Title Company to be delivered by Buyer. The parties motuully agree to exchange copies of the aforesaid closing documents for review by their respective legal counsel not less than three (3) days prior to the Closing Dietc. le. CLOSiNG EXPENSES- Seller shall pay tier, (1) recording any curative title dtrelltllellls; (ii) the cost nr issuance of the ThIc Commitment lift lire Real Properly and the'l itle Policy Issued putsuant Iherelo to be secured by gcllcr'% counsel through lite i ille Company insuring the granlce(s) learned ill the instrununis of conveyance to the Real Property; (iii) Florida Mcumenlary Stamp Tax on the Ueed(s); and (iv) any other expenshw and charges Specifically allocated to the Seller in this Contract. Buyer shaft pay for: (I) the cost of Ilse Survey of the Real Propcny; (ii) Miami -Uadc County Discrcliunary Suitax on tic Uccd(s) and cost or recording the Uccd(s); and (iii) any other expenses and charges allocated to Buyer in this Contract (including, without limitation, the cost of all dive diligence inspections, environmental studies, cue.). Lich poly shall pay the costs and expenses nr the paq s own attorneys. 21). BROKERAGE COMMISSION: Scllcr and Bever mutually represent and %varrani to each other that little are no real estate brokers or agents with Seller or Buyer lilts had negotiations as to the sale and purclimc of the Real Property im Buy er to %horn arty brokcmge fcc of commission or any kind is due. Buyer uadcistands and agrees than Sella has taken into account the absence of any claims fitr brokerage commissions in agreeing to the Purchase Price in this Contract. In the event any real estate broker(s) ter agent(s) contacted by Buyer eetnkcs any Iegitinmic claim for a commission for tie subject transaction; the breaching party shall fully indemnify and hold the non - breaching; party harmless front all actions, clainns or demands of any nature whatsoever by any such btokcrs or urgent, 21. PRORATION: CREDITS: 'faxes (real and personal), assessments, rent, interest, insurance and other expenses and revenue of the Real Property shall be prorated through midnight of the day before closing. Buyer shall have the option of taking over any existing policies of insurance, if lusumable, in which event premiums shall be . prorated. Cash at Closing shall he increased or decreased as may be required by prorations, Proratiuns will be nnmlc through day of occupancy if occupancy occurs before closing.. .Taxes shall be pruraied based oil the current year's lax with due allowance made Ibr maximum allowable discount and ether exemptions. if the Closing occurs al a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prmaled based upon such assessment mil the prior year's milinge. If current ymir's assessment is not available, then taxes will he prorated on lite prior year's lax, If Ihcre are completed improvements on Itcal Properly by January Ist of ycot or closing; which improvements tyre not in existence ore January 1st of the prior year then taxes shall be prorated based upon the prior year's miltage and at an equitable assessment to be agreed upon between the parties, I'niliug which, request will be made to the Miami -Uadc County Property Appraiser fu an informal assessment taking into consideration available exemptions. Any tax proration based on an esiinlate tnay, tit request of either Buyer or Seller, be subsequently readjusted upon receipt of the applicable tax hill provided anon any such ielimmlion iequest is nude within six (t+) niothlis from the date of first issuance of an accurate tax bill by the hiianii -Dade Tax Collector, 22. SPECIAL ASSFSSIM NT ULM: Certifued, confirmed and ralflied special assmillcnt hells as of rite I''ffcctive Date of this Contract tire to be paid by Seller. Pending liens as ml'the roect ive Uate of this Contract shall be assumed by Buyer, If (Ise improvement has been substantially completed as of Effective Date of dais 011ti ael, such pending.licn shall be considered as ccrtificd, confirmed or rntilied and Seller shall, at closing, be charged all n r T— I rat+ psati "" ��" � —� �itiie�u""fun b�te "llilwe�, ey. t �rusry a t f (:Ontruct hor ,Bute And Nrrhuse amount equal to the last estimate of assessment for the improvement by the public body, As of the Elfcclivc Datc of this Contract. Scucr represents that it has received no notice orally smcls pending or threatened liens. 23. fiSCROW: 'the Escrow Agent shall receive the Deposit funds and is authorized, and agrees by acceptance of the some, lu depnait the funds promptly and hold the same in escrow pursuant to this Contract and. subject to clearance, disburse Ibcnt in accordance with the terms and conditions of this Cunlract, failure of clearance of taunts shall not excuse Buyer's performance. The patties agree that Ilse following terms and conditions shall govern (lie Escrow Agcnl's responsibilities under this Contmet: A. ht the event the liscrnw Agent is in doubt its to its duties or liabilities under the provisions hereol, it may, in its sale discretion, continue to hold the Deposit until the pru lies hereto nmlunily agree to tine disbursement thereof, or until a judgutent of a court of compelent jurisdiction shall determine the rights of the panties Ihercto, or the Escrow Agent may deposit all of tile monies then held pursuant In this Contract %vitae lire Clerk of the Circuit Court of Miautt -Dade County, Florida and, upon notifying all parties concerned of such merlon, all liability on the part of the I'Sutow Agent .ihall fully cease and lenoirmic, except to the extent of accounting for all monies therclo delivered out oresctow. B. fire parties hereto du hereby jointly and severally agree that lire Escrow Agent shall incur no liability whatsoever in connection with its good Ihith perfunnauce under this Contract, and Lite poetics hcrcto du hereby jointly and severally release and waive any claims they may have against (lie Bctow Agent which may result from its performance in good faith of its functions under this Contract. The I'scrow Agent bhall be liable only firr loss or damage caused directly by its acts of negligence while performing as escrow agent under this Conitnet. C. In tine event orally disngreement between the parties hcrcto resnlliur, in conflicting instructions it), or adverse claims or demands upon, the Escrow Agent with respect to the release of (lie Delmsit mldlor any other escrow funds or lire cscruw documents, the Escrow Agent shall refuse to comply.with any such instructions, claims or dnnands, so long as such disagreement shall continue,' and ill so refusing shall not telease due escrow funds (including (he Deposit) or the escrow documents. 'lite Fserow Agent shall not be or become liable in oily wily ['III- its I:uihue or refusal to comply with any such conflicting instructions or adverse claims or denuuuts, and it MIMI IK entitled to contitme to tefrain from neling until such conflicting instructions or dctnands: (I) shall have peen adjusted by ngrcentcnt and it shall have been mrlilied in writing by 1110 panics 11e1clo: or (ii) stroll hove fluidly bcen delcnuincrl in it court of competent jurisdiction, In addifion, the Escrow Agent may intctplead the funds or documents into a court of competent Jurisdiction, . I). 'lltc Escrow Agent shall have no liability for any loss, damage, costs or attorneys Pecs resulting from a delay in the electronic wire transfer of funds, unless said loss is the direct result of lite Escrow Agent's negligence. E. The Escrow Agent shall not be liable to any parly or persons whomsoever for urisdelivery to Buyer or Scllcr of monies (including, without limitation, the Deposit) subject to this Contract, unless such urisdelivery shall be due to willful breach of this Contract, or gross negligence an the part of lho,fscrow Agent. F.' The Escrow Agent cony, in its sole discretion, resign by giving thirty (30) days prior written notice thereof fo the parties herclo.'rhe patties shall furnish to the Escrow Agent written instructions for the release and /or dishursentent of the escrow funds (including, without limitation, the Deposit) and escrow documents. if the Escrow Agent shall not have received such written instructions within the said thirty (30) day period, the INcrow Agent may petition mty court of competent jurisdiction for the appointment of a successor escrow ngenl, and upon such appointment, deliver the escrow funds (including, without limitation, the Deposit) and escrow documents as such successor, (J. pursuant to instructions of late patties in this Contract, the Deposit shall be deposited in an interest bearing account backed by the United Stales Goveromenl. Interest accruing thereuntter shall be lu Ihe benclil of tltc party receiving the Deposit pursuant to this Contract. ht the event the aggregate amount of ill monies held in escrow by the Escrow Agent pursuant to this Contract exceeds $100,000.00, lite Escrow Agent shall not be liable due to lite fact that said monies exceed the maximum amount insured by the federnt Depnsit Insurance Corporation. It. Any suit between lite Buyer and Seller isgiere ltue Escrow Agent is ntndc a party because or acting as Escrow Agent hereunder, or in any suit wherein Escrow Agent interpleads the subject matter mf the escrow, the Escrow Agent shall recover reasonable attorney's fees and costs incurred with the tees and costs to be charged and assessed as court costs in favor of the prevailing party. The parties agree that Escrow Agent shall not be liable in any Pauly or l+crsun fur urisdelivery to Buyer or Seller of items subject to this escrow, unless such naisdelivery is due to willful breach of this Contract or negligence of the FSl'row Agau, 1. PROVIDF,I T11FRK IS NO DEFAULT UNDERTIIIS CONTRACT,SELLftIt AND BUYER A(IREE TO smsi -THE FEES AND OUT- 017- 110CKET EXPENSES OF TIIE ESCROW A(:I {N'r. IN TIM EVENTOFANY DEFAULT UNDERTHISCONTRAC17,11OWEVFU,TIIF DEFAULTING CAIVVY SHALL PAY FOR ALL SUCH FEES AND COSTS, 24. A1-1 RN1 Y FEES: COSTS: In any lilignlion arising oat ul'titis Contract, live prevailing pally shall he entitled Ur recover from the nnn•prevailing party reasonablc attorney's (mud pandegnl) fees and costs air all pbnscs of litigation including, but not timited to, appellate proceedings. rape a r�iir�.�e, ""`—•• :its Ifrriiron il'aic :'eastiJ :y; 4eGnrnrp lA :itl�r Coirkact hcrr ,Vile And 11tu•chnse 4 25. FrULURE OF 1'ERFORM1IANCE: if lite Buyer bulls to perform Fluyer's uhligation% under this Contract (including payment of lite Deposit), the Ucposit paid (and to be paid by Buyer), inclusive of all interest earned thereon, it' any, may be retained (or sued for) by or for the account of Seller as agreed upon liquidated damages, ill consideration for the executionof this Cmtrnct, taking lite Rent Properly toff orthe mnrket fur the period of this Contract, and in full settlement of any clafnins arising as to Buyer's flailure. neglect or refusal In purchnsc the flea) Property (hu( without jeopardizing any independent indemnity claims in nvur of Seller as set Bulb in this Contract) whereupon, IWyer and Seller shall be relieved urall obligations under Contract (with lite exccl3th m of ally pending in claims in favor or Seller which may be specifically enforced by Seller). If, for any reason other than failure al' Seller to make Seller's title markclnhlc pursuant to Paragraph 5 nbavc in this Contract, Seller fails, neglects or retosea to perform this Contract and Buyer is not also ill default under this Contract, Buyer may seek specific perfonnance or Ibis Contract or elect to receive the return or like Deposit (inclusive of oll inicresr earned thereon, irany) without thereby waiving any action for damages resulting front Selle'r's Wench, which dataages shall be expressly limited to reimbursement by Seller of Buyer's actual, oubnGpocket expenses incurred pursu:ml to Paragraphs 9 and 10 above in lhi% Contract only (and not including any legal fees or costs tit* lboycr) and supported by paid receipts arid invoices submitted by Duyer Ili Seller in an wimunt not to exceed the agrtegate suer of$21.500. 26. CONTRACT NO'r 1tfCO11DABLE: 111,32SONS BOUND: Neither this Contract nor any notice of it shall be recorded in any public records. '(his Contract shall bind and more to the bcuulit ofQte isolics and their soccessors in interest. Whenever lite context permits, singular shall include plural and one gender stmil include a11. 27. NOTICr.S All notices permitted or required pursuant to this Contract shall be in t +riling and 'hall be deemed to have been properly given: (1) if served in person; (2) upon receipt or first refusal by the addressee, if mailed by certified or registered until, return receipt requested, postage prepaid; (3) upon receipt or first rci'usal by the addressee, if delivered by any overnight delivery service, or (4) facsimile Iransmission (backed up by proper and comptele transmission cunlirmatiun showing all pages transmitted 10 the proper telephone nunnber), provided that, ill toll events, such notice is addressed to lite parry to whom such notice is intended as sel forth below: To the Seiler; Mahlc A. Mobley C/O Alan Dale Mobley, Trustee P.O. Box 43 -1458 Souilt Miami, Florida 33243 -1458 Attenflot Alan Dale Mobley, Trustee Tcicohonc: (305) 669.8805 Telefax: (305) 668.8807 With CODY to: Joseph Warren Kniskern, [squire 17140 Arvida Parkway, Suile 2 Weston, Florida 33.326. Teleohull (954) 217 -1196 Tele ax: (954) 217.1197 fu the Buver. The South Miami Community liedevelopment Agency City of South Miami' 6130 Sunset (hive South Miami, Florida 33143 (Attention: Mr. Greg Orvec) Telephone: (305) 663.6318 fcleflx: (305) 663.6345 With M tut John C. Dellagloria, Esquinc 776 N.C. 125th Street North Miami, Florida 33161 Telephone: (305) 893.6511 rcicf"lx*. (305) 895 -7029 Ally failure or neglect of ei0ter party to deliver copies of any notices to the nttnrneys holed above shall not affect the validity or timing of such notice. Notice given by or to the attorney for any party shall be as effective 3s! r given by or to that party. 28.. CONDEMNATION: If, utter the effective Date of this Contract and prior to the Closing Date, any portion of the Real Property is taken by eminent domain or is the subject of a pending laking which has not been consummated (hereinafter collectively referred to as ii - raking ") and Seiler receives written notice of the %nine from Aire condemning authority, Seller shall notify Buyer of such fuel, and Buyer shall have the option of either: (f) terminating this Contract upon notice to Seller given not later than filleen (IS) days after receipt of Seller's nulice; or (ii) proceeding with the Closing in accordance with this Contract. Buyer shall have [lie right, but not the Obligation. to contest and negotiate the annuuni of money offered for such Taking, as well as any or the Icons rotated thereto. If this Contract is lenninated cis aforesaid; neither party shall have any further rights or obligations to the other hereunder (except for any matters which %pecifically survivC Wlninntiun of this Contract). If Buyer has not elected to terminate this Contract as aforesaid. Seller agrees to assign to Bnycr at dosing all sums which are to tic awarded for the Taking. Buyer shall.Urcrenficr be entitled to receive and keep aoy.awatds for such faking by eminent domain. n� e»fli'im`a��er`""'" r� Isarl�rrioun xtr. 'Sep "sn ■y. a rasr7 ;1611T Ckurlrac7 f err ,Sale kid Purehav e 29. PERMITS AND M'I'ItOVAUS: ilayer. has lite express right, at Iluycr's sole col +ease. to stake ally applications, or seek any prelintinary appruvIlk.(including, without limitation, zoning approval) as are icasunably required for Buyer's anticipated ownership, devchipnrenl, use, operation, managenivilt ;#rill leasing of the' Real Properly (subject to prior written approval by Seiler, which shall nut be uurcnsonably wilhlicld or delayed) to effectuate any of ate lurcgoing; im the consummation of this sale and purchase shall not he conditioned upon Buycr, securing tiny such appioval(s), nor shall the hrspcetionl!criod or Closing Date be exicuded for any reason rclalcd to such approval(s). It is understood and agreed that all permits, approvals, consents ar doeuntcntntilm of any kind which is obtained or received by Iluycr during the pendency of this transaction shall for all purposes be tide jimpetly of Seller if Buyer dots not close the Iransacdoit contemplated by This Cunlract, unless such failure to close is directly . caused by a default of the Seller. Buyer agrees to deliver nu Seiler l:opies of ull•appruvals, peinits, ur consents Which it has obtained or received relative to the Real Property, and Buyer shall, ul Seller's option, assign all approvals to Seller if this transaction does not close for any reason. In all other iustmices, Buyer shall have nu obligation to release or transfer any of such approvals or documents to Seiler (or any other party through Seller). Setter agrees to execute any applications for such perinils and approvals provided that Buyer submits complete docunienlation lu Seiler ill proper Corm without any expense to Seller and Seiler shall not lie required to attend any Itcarings or adm in islrative procecdinga fn connection therewith unless reasonably necessary to contpicic the applicable hcaring(s) or administrative prucceding(s). 30. ASSIGNMENT: 'I he Buyer numcd herein may assign this Contract in whulc, but tint in parr; tit lily lime on or before the Closing Date with Seiler's prior written approval, which approval shall tint be unteasonnbly Withheld. Any such assignment shall be cotingcnt upon: (i) Iluycr providing Seller with it (rtic copy of the in,lr unent of acsigntneot shall be delivered to Seller no later than tell (i0) days ptiar (a the Closing IAt(e; and (ii) tine assignee expressly assuming in writing the obligations of Buyer in the Contract, to the full extent of such assignment. In no event shall the original Iluycr tic released from this Contract upon any assignment. 31. RISK OF LOSS: it the Rent Property, is damaCed by Tire or other casualty through no fault of the buyer or Buyer's agents and employees (including, without limitation, till inspection personnel) on or tn:linre the Closing Dote, and further provided that Buyer is not in default under this Contract. Iluycr shall have the option oli (i) continuing with the purchase of the Iteal Property pursuant to this Contract and nuking late Real Praprrty in itc then existing condition, together with any insurance proceeds as may be payable for utelt loss or damage; or (ii) canceling this Contract and receiving a relurn of (tie Deposit paid by Buyer. 32. O'1'l1ER AGREEMENTS: This Contract, including (he Exhibits attached hereto, constitute (he entire agreement among, the parties pertaining to the subject mailer hereof and supersedes all prior and cuutentporalcuus agreements and understandings tit' the parties in ,connection therewith, No tepresc ilatiu), wnrrwty, covenant, agreement or condition not expressed in (Iris Contract shall be binding upon the parties hereto or shall affect or he effective to interpret, change or restrict the provisions of this Contract. No prior or present agreements Shull be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties iuleuded to be huarid by it, 'ihepaties may waivo any urthe conditions cuninincd herein or any of the obligations of the other party hereunder, but any such waiver Shall he effective only. if it, writing and signed by the Party waiving such condition ur obligations, 33. TYPEWRITTEN Olt HANDWRITTEN PROVISIONS: Tylimitten or handwril(cn provisions shall control nil printed provisions of this Contract in conflict with the saute, 34. RADON CAS- Pursuant to Section 404.056 (6), Florida Statutes (2000), late following disclosure N made: Radon is a naturally occurring radinactive gas that, when it has accumulated in a building in sufficient quanlilies, Play present hcalth risks to persons who are exposed in it over lime, Levels of radon dial exceed Federal and State guidelines have been found in buildings in Florida. Additional fafarmation regarding radon and radon testitig may, be obtained from your County public health unit, 35. ARI1t'SLENGTUTRANSACTiON: Na Ill Ior contained In this Con Ira ctort lie acliviliec Corot till Plated 13creby shall he construed to create the relationship or principal and aged, partnership, joint venture, trust, tcnnnts in common or any ather relationship between The Parllcs hereto other than scparaleand distinct persons and ethics dealing tit arm's length as Seller and Buyer respectively for their awn %cparale interes(s and benefits. 36. UI 11'1'ED SURVIVAL OF REPRESENTATIONS: All representations, covenants, obligations and agreencats orlbc parties as set forth in this Contract shall survive the execution and delivery of this Contract and of any and all documents or Instruments delivered in connection herewith, and they shall survive the Closing and conveyance urtitin to the Real Property for n period ofnnly six (6) mouths from late Closing Date unless specifically designated to the contrary in this Contract. All such representations shall be deemed repealed on the Closing Date. 37. PAYOFF OF EXISTING MORTGAGE: Seller discloses that Lite I'rnpetty.is li senlly cncumbeted by (hut certain Mortgage dated October 1, 1185 in favor of coconut Cirove nank, a Florida corporntion, ns Mnngagee, originally given by Waiter A. Mobley and Rlable A. Mobley, his wife, as Molgigots, recorded October 3,.1985 under Clerk's File No. 11SR- 306076 in Official Records (look 12657, commencing at Page 2220 and following in lire Public Records of Miami -Dade Coaoty, Florida, together with all filed or recorded UCC• 1 Financing Statcalents relating thereto or any (here be), and as ail of the same. stay be amended :aid supplcntenled I }our linic•lo -lifile (collectively, the "Exislinr Mortgage "), but Seller represents to Buyer that all,the i:xisting Mortgage will tic paid in full by Seller on or siutullaneously with (lie closing of this sale and purchasc. "xr o i M.11i:t;r :' .tit rr rn' tnliar"'i:"1'LcJnist[M!•, e natal' "yZT,- liilil' Contract For .Sale Ant! !'nr•clurse 38. . FURTIIER ASSURANCES: 9be'parties hereto will promptly execute and deliver rill in%troll ens and documents and take all further action, n! cacti pmty's sale expense; as each party may reasonably request from lime to (line front the other in order to perfect and protect llte various agrcenicnts and undcrslandings of llte respective parties herelu as set forth in this Contract, aid ill further iiltblc, each party to exercise and enforce their respective rights and remedies as may be available at law or in equity to enforce the provisions ol'this C'onhact 111111 catry,out the intent "and purposes of the parties herelu, 37, CONMUNTIALITY: J1NTENTIQNALLY•DCLGTi MI Q. MiSCELLANEMS: A. Effective Date of Contract: , For purposes of detennining the tittle for performance of various obligations under this Contract the Effective Date of this Contract shall be the dote whcu the last one of the Duycr and the Seller has signed this Conlracl. D. Aplrlicable Law /Gender: 'Ibis Contract shall be cunstrued mid iuterineted in accordance will) the laws of the State of l +lntida. Where required for proper hnerliretatlon, words fn the singular shall Include the plural; the masculine gender shall include rite neuter and ilia feminine, and vice versa. C. Modification of Contract: 'Ibis Contract may not be modified or amended, except by an agreement in writing signed by all of the parties herelo. The parties may waive ally of the conditions contatucd herein or any of the obligations of lire other pmly hereunder, bul any such waiver shall be cffcctive wily if in writing and signed by the party waiving such conditions or obligations. U. Capljirns: 1'he,descriplive headings contained in this Contract tyre ittsetted for convenience only and shall not control or affect the meaning; or construclion of tiny of the provisions hereof. E, Waivers: 'l lie failure of any party at any time it) insist upon strict perrimnartce of tiny condition, promise, agreement or understanding sea forth herein shall nut be construed is a waiver or relingnislunenl of the right to insist upon strict performance or the same condition, promise, agreencm or understanding at a funrre . limo, hiller party hereto may, at its sole option, waive any perfunnance by the other party required under the provisions of this Contract by nn insirumcni in writing mid delivered to the other party. No consent or waiver, express or implied, by any party hereto as to any breach of my representation or obligation tit' the non - breaching pany (or parties) shall be construed as a consent tit waiver tit' any other breach of ilia representation or nhligatinn. 1', Severahility: 'Ilia invalidity or uncnfurcenbility of tiny ptowisian or any provisions) in this Contract as determined by a court of competent jurisdiction over ilia parties and lire subject. matter of this Coullacl shall in no way affect the validity of any other provision lteteuf. G. Neutral Construction: Ilia parties expressly unQnstand and agrcc that, allbnugh title party may have more responsibility in preparing this Contract than the ofhcr, all parties herein equally negotiated all of the provisions herein such that the construction and interpretation of this Contract shall, in all events and circumstances, be neutral and not construed more advantageously in I'nvor of the party who was nut the actual , scrivener of this Contract. II„ Jurisdiction and Venue: 'Ilia frolics acknowledge that tile: negotimiom, mnicipaled pWonnance and execution of this Contract occurted in Mianii -Dade County, Florida. Widmut limiting the jurisdiction or venue of any other federal or stale courts, each or tlic panics irrevocably and immidilionally: (a) agms that any suit, action or legal pracecding arising out oror relating to Ihi.s Contract will be brought in the curets of record of the Stale of I'lorida in Mimnf -Dade County; (b) consents to Ilia jurisdiction of eticlr such count in any still, action or procceding: and (e) waives any objection which it may have to the laying of venue of auy such soil, action or pnnxcding in the courts of record of the Slate of Florida in Miami -Dade County, 1. Counter carts: ' ['his Contract may he executed in two (2) or more countcrpnrts, earth of which shall be dcemctl an original, but all of which together shall constitute one and the stone Conlrad. iiMKcITUnri- malpwKcs �» �• •• f :atiRr�.Von"Irnir :l�iilnr's FiTiuip3 :!iRif Contnrct Por,Salc AaJ ho -chase IN WITNESS WHEREOF. the parties have executed this Contract as of the - day of , 2001. Witnesses: SELLEII: MAULE A. MUULEY UIIYFR: SOUTH MIAMI COMMUNITY 11.11W :VF,LOPAW.NT AGENCY, w I)y: CHARLES SCURR, F.xccutive Director JAFFIX SF:ALj ACl" ITANCE DY LISCROW AGENT She foregoing previsions of this Contract relating solely to the Fscroty Agent's responsibilities ate agreed , in and receipt or the full Contract Deposit pursuant to this Contract are hereby acknowledged as or the _ dny of . 2001, LAWYERS TI'I'ldi, INSURANCE CORPORATION 1ty: V lwrl p74rnli111COY 1Peep- KNton112t7 - I 5—p-1 of 1111111 p+grs •'� _ Last tr a on liiti"ji eJnca ��. �Liunry 3k'2Ubf t'unn•nel For Stile And Purchave ANNEX 1 TO CONTRACT FOR SALE AND P IRC'RIASI PERN111-L'M n'1'Ll LXC>✓1'TRONS 1 l Conditions, restrictions, limitations, casements., development, agreements, dedications, sigh t s- of-%vay,;.concurrency agreements, reservations, and waivers of plat, and ally :nncndntcnts therclo, and all, present and future building code regulations and requirements, •riming codes, and , regulations, restrictions, prohibitions, ordinances. . resolutions and other requirements and orders of general or property specitie applicahility issued or imposed by any governmental authority, and concurrency matters pertaining to the properly being conveyed by Seller; 2. Taxes uud assessille11ts Cllr the year Ill which lite Clusing Dale occurs (prorated ur paid by Seller and Buyer as provided in the Contract), and all loxes and assessments levied or assessed subsequent to the Closing Dale. 3. Conditions, restrictions, casements and dedications as shown on Plat of REALTY SECIIRITI ti CORPORATION'S TOWNSI'1'F. OF LARKINS. according to tho Plot thereof; as recorded in flat hook 2, Page 105, of lite Public Records of Miami -Dade County, Florida, 4. 1'erms and conditions of iltat certain Easement slated January 10, 1961 from T.R. Crockett in favor of Florida Power & Light Company, as recorded on January 13. 1961 under ( '.Icrk's File No. 61 R -7061 in (lie Public Records of Miatni -Dade County, Florida. 5. Terms and conditions of reslrielive.covcnants set forth iii, (a) Dced dated November 29, 1924 from Realty Securities Corporntion to Sallie F. Savage, as recorded ill Dced Book. 465, Page 274; and (b) Decd dated October 27, 1924 from Realty Securities Corporatioi{ to T.J. Savage, as recorded in Deed Book 455, Page 73, all in the Public Rccords of Miami -Dade County, Florida; 6. Encroachments, overlaps, boundary line disputes, and nny other matters which would be disclosed by nil accurate survey and inspection of the Real Property including. without limitation, casements or chtints of casements not shown by the public records (subicet to the provisions of Paragraph 10 of the Contract). 7. All matters referenced in the Contract, including }without limitation Paragraphs S. 7, 10,` Subparagraph 12.1 and Paragraphs 15 and 28 (herein. 13 ANNEX 1 1 aAC u 111141 pages "�" � "- �~ � �n 1 ■le"1Ccdn�iJ:j,Firi�u.i7 l![ ttSDr 1'c�rrnillec! 7Y!(c lixcepriwrs EXIIIIiIT "A" '1'O COMI'ltA( "l' FOIL SALE AND PURCHASE INVENTORY OF PERSONAL PROPERTY The description and inventory of the Personal Properly alw being sold with the Itcol Property are those items specifically itemized below as'may,be owned by the Seller and which are presently located in MIAMI -DADS County, Florida un the itcal'P Operty. Tim Hallowing Personal Property is being sold in its existing "WHERE IS, AS IS" condition: SUITE A Messanine office loft (approximately 30% of gross area) Variety of interior partitions and finishes Central air- conditioning system Roof mounted ventilator system Various security grills Fluorescent. lighting Single Ilathroout: Sign, toilet, light and ventilation fan SUITE Il: Roof mounted ventilator system Various security grills Single Hathroom; Sign, toilet, light and ventilation fan SUITE C: Rcar storage loft (approximately is% of gross area) Small partitioned office space at front [loot Roof mounted ventilator system Various security. grills Single Bathroom: Sign, toilet, light and ventilation fan Roof mounted ventilator system Various security grills Single Bathroom: Sign, toilet, light and ventilation fan SELI.I's11 DISCLOSE'S THE FOLLOWING INTERIOR IM1'R0VF.MF,NTS MADE BV 'rim EXISTING TENANTS I RE N ERENCED IN EXHIBIT "1)" 'TO THIS CONTRACT WHICH MAY BE, SUBJECT TO REMOVAL BY THE 'TENAN'T'S INS'T'ALLING THE SAME UPON ANY VACANCY OF THE APPLICABLE SUITE: SUITES A AND B (Two Little Fishes, Inc.): Additional lighting fixtures One interior wall - mounted air - conditioner Various office and trade fixtures SUITE C (,Margarite EnterprisesAncJ: NONE ('I'o the best of Seller's knowledge), SUITE D (Stork Avenue, Inc.): Office/storage/loft with partitions One (1) interior wall -tnounted air - conditioner Various office and'trade fixtures L .,,X.L IUT'T "A" nRe o ,zo ev fi o`n Wi—r r nm ey, rMuiry 3A;-160l. Inventory qJ' Personal Properly i EXHIBIT "11" '1'O CONTRACT FOR SA1.1; AND 1'111iC,'IIAtiI ?:EINtIN:I:_BI) N- i) (2LL 15825 S.W: 68111 Sired, South Miami, Mianli -Dade Coun(y, Florida.) SUI'T'ES A AND B: Tenant: TWO LITTLE BISIIE.S, INC., a Florida corporation Lcasc Tcrm: Montle -to -month (Oral Lease) Monthly 116t: $1,667.16 (Gross) Rent Status: L uid through February 28, 2001 (None prepaid.) Security Dcnosi(: $1,1100.1111 Brokerage Commissions: None. SUITE C: Tenant: MARGARITE ENTERPRISES, INC., a Florida corporation Lease Term: Mon(h -to -month (Oral Lease) Monthly )icnt: 5905.25 (Grass) Rent Status: Paid through February 28, 21101 (None prepaid.) Security Deposits $2,000.00 llrukernye Commissions: None. Tenant: STORK AVENUE, INC., a Florida corporation Lease Term: Three (3). years commencing on July 1, 2000 (the "Lease Commencement Date "), and ending on June 30, 2003 (the "Lertse Expiration Date ") Monihly Rcnh $850.00 (Plus 25% of tax/insurance above 1999 Ilase Year) Rent Status: paid through February 28, 2001 (None prepaid.) Security Deposit: $2,000.00 Brokerage Commissions: None. MATTERS SET FORTII [W rim, FOREGOING RENT ROLL, BEING TIIF, MOST ACCURATE INFORMATION AS TO T11E EXISTING TENANCIES,'. EXPRESSLY SUPERCEDE ' AND CON'T'ROL ANY. CONFLICTING: PROVISIONS IN THE CON'TRA(."I' TO THE FULL, EXTENT OF ANY SUClf CONFLI(-T', INCi,i)1)ING, WI'Titotl'T LIMITATION,'i'IIF Sri.I.El Iila'RESENTATIONS IN SUBPARAGRAPH 12 (1), AND PARAGRAPH 15 OF THE CONTRACT. NOTWITHSTANDING THE FOREGOING CAV[.'AT, ALL DISCLOSURES AND 0'17IER CONTRACT PROVISIONS REGARDING THE STORK AVENUE LEASE SIIALL, REMAIN UNCIIANGED BY ANY CONFI.It °I' IN 'rill8 EXIiIBI'T. EXIITBiT "B" Page " 1 imil pages IaitTFi- �Tiinn laic: �'e Ti ni's�ay, I'iiu"r"y' !A,°:iSilT Reny Roll of Teirunts PRINT VERSION Page I of 1 rz m ■■laml WHO uOunly ►popept L FVAE� mom FOLIO NUMBER: 094025-028-0930 ADDRESS: 5825 SW 68 ST' MAILING ADDRESS: WALTER MOBLEY &W MABLE, PO BOX 43-1458, SOUTH MIAMI FL, , 33243-1458 .CLUC: 0037 WAREHOUSE OR STORAGE PRIMARY ZONE: 6200 ARTERIAL BUSINESS BEDROOMS: 0 BATHS: 0 FLOORS: I LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 6,720 LOT SIZE: 18,375 SQ FT YEAR BUILT: 1983. LEGAL DESCRIPTION: TOWNSITE OF LARKINS PB 2-105 LOTS 18 THRU 22 INC BLK 8 LOT SIZE 125.000 X 147 OR 10937- 141311801 SALE O/R: 109371413 SALE MONTH: 11 SALE YEAR: 1980 SALE AMOUNT. $ 100,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $296,922 LAND VALUE: $.174,563 HOMESTEAD EXEMPTION: $0 BUILDING VALUE: $122,359 WIDOW EXEMPTION: $0 MARKET VALUE: $296,922 TOTAL EXEMPTIONS: $0 TAXABLE VALUE: $296,922 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $253,359 LAND VALUE: $ 131,000 HOMESTEAD EXEMPTION: $0 BUILDING VALUE: $122,359 WIDOW EXEMPTION: $0 MARKET VALUE: $253,359 TOTAL EXEMPTIONS: $0 TAXABLE VALUE: $253,359 http://gi ... /esrimap.dll?Name=PublicAccess&Cmd=CreatePrintVersio n&Folio=094025028093 1/14/01 Appralsal Division s nor,NC. R EALTOR, W.J,as y .EisnA, S Al' Casey D•Eisnor, Si2A August 29, 2000 'Gregory , J. Oravec Assistant to the City Manager Interim CRA Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: A ground level four bay industrial building Located at: 5825 SW 68 Street South Miami, Florida As of August 29, 2000 Dear Mr. Oravec: Upon your authorization, I have conducted the investigations and.analyses necessary to form an opinion of the value of the fee simple interest in the ground level four bay industrial building located at 5825 SW 68 Street, South Miami, Florida. The subject is currently leased to three tenants but at the request of the client no consideration for the current leases is' being made. The leases may be below market and may have an effect on the value of the subject property depending on the length of the lease but the leases are not being analyzed in this report. Therefore, this is a hypothetical report which is' being completed as if the property were vacant and 'available for occupancy. It has a total of approximately 6,528 sq.-ft. of building area according to measurements completed by the undersigned. It is situated on a 18,375 sq. ft. site. A legal description of the subject property is contained in the identification section of this report. The opinions set forth in this report are stated as of August 29, 2000, the date of inspection. The term "market value" is defined as: the nnost probable price estimated in terms of money which the property is expected to bring, if exposed for sale in the Opett Market by a willing seller to a willing buyer, neither being under duress and having full knowledge of the uses and purposes ' of the property, and having the ' property • exposed ; to the market a reasonable length of time.,, 2 14352 S.W 142nd Avenue • Miami, Florida 33186 • Phone (305) 233 -4453 • Fax (305) 235 -4128 ApPrcisai Division SREALTORS UJ,J.EISnCrJT.,mo, S A! Casey D.Eisncr, Rr\ A more detailed definition of market value can be, found in the nature of the assignment section of this report. The analyses and opinions in this appraisal are subject to the following premises, assumptions, and limitations:. This is a complete self contained appraisal report as defined by the Uniform Standards of Professional Appraisal Practice. This means that no departures from Standard 1 were invoked.., The subject property was appraised on a fee simple basis. No chattel property or trade fixtures are being valued in this appraisal report. The subject improvements are being used as an industrial storage and manufacturing facility. This type of operation probably does involve the use of hazardous materials. All prior uses of the site are unknown. Thd undersigned has no expertise in the determination of environmental threats, therefore, the user of this report is urged to obtain the applicable reports which would be satisfactory to DERM, (Department of Environmental Resource Management). In- the event that significant environmental problems . are discovered on the site the value of the property will diminish (at least) in direct relation to the cost of the cleanup.', This appraisal report was prepared for the internal needs of the City of South Miami, who ordered the report for the purpose of determining a market value to use in the exchange of the subject site for other property and may not be suitable for other uses.-An appraisal provides an unbiased estimate of the value and, should be considered in its entirety. The value contained in the appraisal report is as of a certain date and this value may be affected by events subsequent to that date. Further, the appraisal is subject to the statement of limiting conditions and appraiser's certification. 3' 14352 S,',vV, 142nd Avenue Miami, Florida 33186 • Phone (305) 233 -4453 • Fax (305) 235-4128 Approlsoi Division 4'1.J.Eisnor Jr.,SRA, MAI isnor. REAUORS Casey D.Eisnor, SRA Based.on an inspection of the property and the' investigation and analyses undertaken,.I have formed the opinion that as of August 29, 2000,.subject to the verification that the subject has been completed 'in accordance with all applicable government ordinances, subject to the verification that there are no encroachments and without consideration of any present occupancy or any existing leases and subject to the assumptions and limiting conditions set forth on this page and at the end of the analysis.section of this report, the market value of the subject is: FEE SIMPLE MARKET VALUE Four Hundred Thirty Thousand Dollars ($ 430,000) William John Eisnor; Jr., SRA, SR.PA!MAI State Certified General Real Estate Appraiser Number 0000163 The narrative appraisal report that ' follows sets forth the identification of the property, the assumptions and limiting conditions, pertinent facts about the area and the subject property, comparable data, the results of the investigations and analyses, and the reasoning leading to the ' conclusions: f 4 f . 14352 SM414'rid Avenue • Miarni, Florida 33186 • Pnone (305) x:33 -4453 • Fax.(305) 235 -4128 ■ Appralsol Divlsian `N.J.Eisnor AMA, MAI snor, C. REALTORS Casey D.Eisnor, SRA CERTIFICATION I hereby certify that, to the best of my knowledge and belief,... The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the properties that are the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. The analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional. Practice of the Appraisal Institute. The use of this report is subject to the requirements of the AppraisalInstitute relating to review by its duly authorized representatives. ; As of the Date of this report; William John Eisnor Jr. SRA; SRPA, MAI has completed the requirements of the continuing education program of the Appraisal Institute. No one provided significant professional assistance to the person signing this report. William John Eisnor Jr. SRA, MAI physically inspected the subject site. This appraisal assignment was not _.based on a requested minimum valuation, a ' specific valuation, or the approval of a loan, as required. 14352 S. N. 149-nd Avenue ° Miami, Florida 33186 + Phono (305) 233 -4453 • Fox (305) 235 -4128 I Appraisal Division SAW WJ,Elsnor Jr.,SRA, MAI r Casey D.Elsnor, SRA Based on an inspection of the property and the investigation and analyses undertaken, I have k formed the opinion that as of August 29, 2000,' subject to the verification. that the subject has been completed in accordance with all applicable government ordinances,` subject to the verification that there are no. encroachments and without consideration of. any present- occupancy or any existing leases and subject to the assumptions and limiting conditions set forth on this page and at the end of the analysis section of this'report, the market value of the subject is: FEE SIMPLE MARKET VALUE Four Hundred Thirty Thousand Dollars ($ 430,000) r,. t . Respectfully submitted, Y Wi liam John Ei nor, Jr., SRA�,SIi PA, MAI ' State C &kified General ' Real Estate. Appraiser Number 0000163 . a 6 14352 S.W. 142nd Avenue Miami, Florida 33186 • Phone (305) 233 -4453 • Fax (305) 235 -4128 .appraisal off t r SUMMARY OF SALIENT DATA AND CONCLUSION DATE OF VALUATION: , August 29, 2000 LOCATION: 5825 SW 68 Street, South Miami, Florida. DESCRIPTION:. Approximately 6,528 sq. ft. building area. HIGHEST AND BEST USE: Industrial use as improved ZONING: LO Low Intensity Office BUILDING AREA: . According to measurements completed by the undersigned on the date of this appraisal ' the subject improvements have a total area of 6,528 sq. ft. LAND AREA According to the public records the subject site has approximately 125 feet of frontage along NW 68 Street and it is approximately 147 feet deep. According o the 'Dade Count tax roll the g y �, subject has a total land area of 18,375 sq. ft. z "appraisal •��uac pckrogs OWNER OF RECORD: It is currently owned by .Mr. & Mrs. Walter Mobley HISTORY: �t f According. to. the tax roll the subject site was '• purchased in November of 1980 for $100,000 and a new warehouse was constructed on the site in �. 1983. According to the current owner the subject is leased at $8.50 to $10.00 per sq. ft.' but the subject was offered for lease at $7.15 per. sq. ft. recently. The subject has not been offered for sale in the Miami or. National Multiple Listing System in the .last year. There has been no arm's- length sale of this property in the last five years. MARKET VALUE. �i Based On Cost Approach: N/A Based On Direct Approach: $ 425,000 Based On Income Approach: $ 430,000 . MARKET VALUE (FEE SIMPLE) $ . 430,000 1 MARKETING TIME: Under 11 months III wisli M 1 • 1=1 wil M. •. Ulm, Ell, . , : 1 f a MI, ; 1.. EM � :' : 1 G, i • I III ••1 1: ;11 :1 . U., =I, ; . 1 �.�G� . .. ; •• • 4 =I. 1 1 . • .. '. a,� :. � � .. I •III .. • 1 i • 1:111 ;1 ::• ; 1 -M, U. Un M, mm L., MI. , . . . . . . . . .. . • I11 . .,lug I'll MM.M. . 1M . 1 . .21 1 .. • •1 11 . 1 • .. . � W. 1 . . . • 111 • •1 . . ' . . . . .• .� . .� . . , am . . •. • . .. . " i 1111 w . 1 .• mm :�. • : . 1' .. � :. • •� := : • III . .� 1 .� . 1 1. � • .� ..1 .. •. 1. ' fl 1 • • 111 L-Ifilm • 1 =I- .. U-5 . 1 X111 :� :': . . :f ;. :. � :•:; :1 ; '1 1� ' �. ;:� 1. • ;III :� � • �' . � :. ; ;. 1 • .1 1; ;: � ;;:� . . • I11 ..1 f • • 111 ;f 11 U111 .• C .•. . . . . .. . G' . 1 • .1 .. . .. .. ..f , . . .• . .•. . :. • ; . ;: 1 . • 11 E a . . .. .. 1 .. 1 1 . • .111 .. • • � f♦ , f • as . ..• 1. .' . :`;. � 'r • •r• . •• 1111 .� .. . 1 ...• r. •• • .' •1 •1.1 • .. -r IS CONTRACT FOIL SALE AND PURCHASE PARTIES: MABLE A. MOBLEY, being the unremarried widow of WALTER A. MOBLEN', Deceased, having a mailing address in care of Alan Dale Mobley,1'rustee, is.O..,Box 43 -1458, South Miatni, Florida 33243- 14513, Tax Identification Number: 243 -22- 1612), as "Seller and SOUTTI MIAMI COMM UNITY .REDEVELOPMF:NT AGENCY (SMC:RA), a + , luwiut; a.nlnilinp address iti care of the City of South Miami, 6130 Sunset Drive, South Miatni: Florida 33143-(Allention: ), as "Buyer ", hereby agree that the Seiler shall sel), and the Buyer shall buy, the ('ollotvirsg property "ileul Property" upon the tbllowing terms and conditions: 1. DESCRIPTION: legal description of the Property located in MIAMI -DADS County, Florida: A. Real Property: The legal description of the real property located in MIAMI -DADE County, Florida situate in the vicinity ul'3825 S.W. 613th Street, South Miami, Miami -Dade County, Florida (tile "heal Properly ") is as follows: Lots 18, 19, 20, 21 and 22, in Block it, of IWAL'I'Y SECURITIES CORPORATION'S TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2, Page 105 of the Public Records of Miami -Dade County, Flisrida. Miami -Dade Tax Folio No.: 09- 4025- 028 -0930 The Real Property is referenced as the building and improvements generally described as follows: One (1) building with four (4) Suites and contiguous parking lot. B. Personal Property: The description and inventory of.the Personal Property also being sold with the Real Property, if any there he, ore those items specifically itemized on Exhibit "A" attached hereto, and by this reference expressly made a part hereof and located on the Real Property (rise "Personal Properly "). INOTE: The Real Prnpetty and Personal Property shall be collectively described us the "Property" herein unless individually designated. TIIE PROPERTY IS BEING SOLD IN "WHERE IS, AS IS" CONDITION WITHOUT WAIIIIANTiES OF ANY KiND. THIS SALE AND PURCHASE IS A SALE IN GROSS OF TILE, PROPERTY DESCRIBED IN THIS CONTRAC.1' (INCLUSIVE OF ALL EXIS'T'ING IMPROVEMENTS SITUATE ON T{iE REAL PROPERTY, F.ASPMFNTS, AND APPURTENANCES ,rimllETO). 2. PURCHASE PRi CE .......................................... . ........ . .............. ... ....... ............................ _ $430,000.00 Payment: (a) Contract Deposit in the amount of ...................................... ............................... S 4,300.00 (b) Additional Deposit in the amount of .................................... ............................... $ 17,200.00 (c) Balance to close:(U.S. wire transfer, 1.0CALLY DRAWN certified or cashier's check) subject to adjustments and prorations ..... ............................... 408,-500.0 TO'T'AL: S430,000,00 . This sale and purchase is an ALL CASH transaction without any contingency for any financing from any source. All payments by Buyer pursuant to this Contract shall be made in U.S. funds. 3. EFFErTIVL DATE: The date of this Contract ( "Effective Dale ") will be lite hate when the last one of the Buyer and the Seller has signed this Contract. 4. DEPOSIT': 'I'hc Buyer shall deposit the total sum of TWENTY -ONE THOUSAND. FIVE. iIUNDRED AND NO /100 (.121,500.00) DOLLARS with LAWYERS TITLi: INSURANCE CORPORATION. Suite 2660, Vitsl Union National flank Building, 200 South Biscayne Boulevard, Miami, Florida 33131 Attention: Mr. Greg 'Zell) (tile "Escrow Agent "), payable to the Escrow Agent as follows: (a) $4,300.00 concurrently with Buyer's execution of this Contract (the "Contract Depusit "); and (b) 517,200.00 payable no Inter than three (3) days front expiration of the inspection Period (as hereinafter defined) (the "Additional Deposit "). (The Contract Deposit and Additional Deposit shall be collectively referred to as the "Deposit") ' . Tile Deposit shall be remilled to (lie Escrow Agent by check, subject to clearance, and shall be held by the Escrw Agent in tin interest- bearing account witilont pennity for early withdrawal. The Escrow Agent shall deposit the Deposit upon receipt of ail odghial fully executed Conlracl and shall otherwise abide by and operate pursuant to (he further terms of this C:onlracl pertaining to (lie Deposit nnil escrow of the same and the standard escrow provisions of Iscrow Agent set forth below in this Contract. subject only to mutually agreed upon ntodifications as may be, executed by tile parties hereto in wriling. All references in this Contract to the "Deposit" shall be deemed to include tiny interest which is earned therron' with all interest in all instances to be paid to the party entitled to receive the Deposit, will) the exception that if the Buyer closes this %sits: Page I of tmal pages sat ergs on raft, et acs, e., a ,nriirj i; Yifbf Contract For Stile ,frrd Pin-chum and purchase pursuant to this Contract, all interest on the Deposit paid to Seller shall be credited to Buyer against the Purchase Price. In all events, if Buyer does not cancel this Contract within the inspection Period (as hereinafter defined), the parties hereby acknowledge and agree (and so direct the Escrow Agent) that the Deposit (inclusive of all accrued interest thereon) shall belong to the Seller, and said Deposit thereaftershall be tho sole property of Seller and earned in full by Seller to compensate Seller for taking the Real Property off of the market and to compensate Seller for liquidated damages that are difficult to calculate with mathematical precision. Provided that the Seller is not in default under this Contract and the Buyer has not elected to cancel this Contract and receive a refund of the Deposit during the Inspection Period (as hereinafter defined), the Escrow Agent is hereby directed to pay the Deposit (and all accrued interest thereon) directly to the Seller upon the first occurrence of (a) closing this transaction with the Buyer; or (b) any default by Buyer under this Contract (in which event the provisions of Paragraph 25 below shall be applicable). 5. TITLE EVIDENCE: No later than thirty (30) days from the Effective Date of this Contract, Seller shall deliver to Buyer (or Buyer's counsel), at Seller's expense, a title insurance commitment (with 4 copy of all applicable title exception instruments) (the "Title Commitment ") issued by LAWYERS TITLE INSURANCE CORPORATION (the "Title Company ") agreeing to issue to Buyer, upon recording of the Deed(s) to Buyer, an owner's policy of title insurance in the amount of the Purchase Price (with all premiums paid at closing at Buyer's expense) (the "Title Policy "), insuring Buyer's title to the Real Property, subject to the permitted title exceptions as set forth in "Annex I" attached hereto and by this reference expressly made a part hereof. (collectively, the "Permitted Title Exceptions ") and additional matters, if any there be, materially and adversely affecting the marketability of title to the Real Properly being conveyed by Seller pursuant to the Deed(s) which shall be discharged by Seller on or before Closing (as hereinafter defined). Seller shall convey a marketable title to the Real Property by Special Warranty Deed, subject to Permitted Title Exceptions and other matters, liens, encumbrances, exceptions or qualifications as specifically set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordunce with law. If title is found defective for any reason not noted in this Contract, Buyer shall, not later than the expiration of the Inspection Period (as hereinafterdefinod) (the "Title Examination Period "), notify Seller in writing specifying any alleged defect(s) or objection (the "Title Objection Notice "). if any such title defect(s) exist which are not noted in the Permitted Title Exceptions or this Contract and which render title unmarketable, Seller will have 120 days from receipt of the Title Objection Notice from Buyer within which to remove the defect(s) (but without any obligation to file any lawsuits), failing which Buyer shall have the option either to accept the title as it then is, or to demand a refund of Deposit paid (including all interest earned thereon) which shall immediately be paid to the Buyer, whereupon Buyer and Seller shall release one another of all further obligations under this Contract. In no event shall the Seller be required to file suit to cure any title defects not directly caused or createdby the Seller. By agreeing to the provisions of this Paragraph 5, it is the express intent of Seller and Buyer that the Buyer must examine title and report as to A I existing title objections created or caused by the Seller or otherwise within the Title Examination Period. IT IS THE INTENT OF THE PARTIES THAT BUYER SHALL HAVE TIIE, RIGHT TO REVIEW AND APPROVE ALL MATTERS OF TITLE, INCLUSIVE OF THE PERMITTEDTITLE EXCEPTIONS, DURING THE TITLE EXAMINATION PERIOD. IN THE EVENT BUYER OBJECTS TO ANY OF THE PERMITTED TITLE EXCEPTIONS DURING THE TITLE EXAMINATION PERIOD, SELLER SHALL HAVE NO OBLIGATION TO CURE ANY SUCH PERMITTED TITLE EXCEPTIONS. BUYER'S REMEDY IN THAT EVENT IS TO CANCEL THIS CONTRACT PRIOR TO THE EXPIRATION OF TIIE INSPECTION PERIOD (AS HEREINAFTER DEFINED). IN THE EVENT BUYER FAILS, NEGLECTS OR REFUSES TO PROVIDE SELLER WITH THE TITLE OBJECTION NOTICE WITHIN TIIE TITLE EXAMINATION PERIOD, BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE TITLE TO THE REAL PROPERTY THROUGH AND INCLUDING THE DATE OF THE TITLE COMMITMENT. In all events, the. acceptance of the Deed(s) by Buyer shall be deemed to be full performance, and a discharge of every agreement and obligation on the part, of Seller to be perforated pursuant to this Contract, except for those matters which are specifically set forth in this Contract as surviving the Closing (as hereinafter defined). 6. CLOSING DATE: This transaction shall be closed and the Deed(s) and other closing papers delivered to cause conveyance of title to the Real Property twenty (20) days following the expiration of the inspection Period (as hereinafter defined) (the "Closing Date "). 7. RESTRICTIONS, EASEMENTS-, LIMITATIONS: In addition to the Permitted Title Exceptions, Buyer shall tuke title subject to: all present and future building code regulations and requirements, zoning codes and regulations, restrictions, prohibitions, ordinances, resolutions and other requirements and. orders of general applicability issued or imposed by any governmental authority (provided that the same do not render the title to the Real Property unmarketable us provided in Paragraph 4 above in this Contract); restrictions and matters appearing on the plat or otherwise common to ate subdivision; oil, gas and mineral rights (if there is no right of entry); public utility easements of record; taxes and assessments for the year of Closing and subsequent years; municipal and county waste and garbage collection charges and all other similar charges, if any, which are not yet due, and payable as of the Closing Date; the Permitted Title Exceptions (subject to any applicable proration(s) pursuant to Paragraph 21 below in this Contract); and any other matters disclosed or otherwise provided for in this Contract as being the responsibility of the Buyer. S. OCCIIPANCV: Seller warrants that, on the Closing Date, there will be no parties in occupancyof the Real Property other than Seller and the Tenants (as hereinafter defined) disclosed to Buyer pursuant to this Contract. Seller agrees to deliver occupancy of the Real Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before Closing, Buyer assumes all risk of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted the Property `, r rage 2 of total pages A%t Revision DAte. Friday, March 2,201 Contract For Sale And Purchase in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing signed by Seller and Buyer. . 9. HFAI.`PROPERTY INSPECTION: Buyer's duly authorized agents•and representatives excludin inspectors and representatives of any governmental authorities) shall have the right, at . Buyer's sole expense commencing on the Effective Date of this Contract and continuing for SIXTY (60) DAYS subsequent thereto, to enter into and upon the Real Propertyand all parts of all improvements thereon to make private inspection(s) and examine the same for any reasonable purpose required by Buyer as well as to do all other things which are reasonably necessary and proper to evaluatethe Property (the "Inspection Period ") provided that all such inspections: (a) are made after forty-eight (48) hours prior written notice by telefax to Seller; (b) do not damage or materially and adversely affect the Property; (c) do not unreasonably interfere with, injure or damage any tenants or other parties in possession or occupancy of the Property or their property; and (d) are made in coordination with Seller's designated representative (being ALAN DALE MOBLEY, unless Seller notifies Buyer to the contrary during the aforesaid forty -eight (48) hour pre - inspection notice period. Buyer also agrees not to interfere with Seller's relationship with, or otherwise disrupt or disturb, any existing Tenants (as hereinafter defined) occupying all or any portion of the Real Property, and to repair all damage to the Property caused by Buyer (including that of Buyer's agents and representatives) and to indemnify and hold Seller harmless from and against all claims, demands, actions, suits, damages, injuries and liability of all hinds whatsoever arising directly or indirectly as a result of any of the foregoing inspections. Buyer further agrees that none of Buyer's duly authorized agents and representatives shall enter upon the Real Property without first providing proof of comprehensive general liability and casualty insurance from a reputable insurer duly licensed to issue insurance in, the State of Florida with a Best's Insurance Guide rating of B+ or better in a sum of not less than $1,000,000 at Buyer's sole expense, which insurance shall also be reasonably acceptable to the Seller which shall insure and protect Buyer and Seller. Seller agrees to reasonably cooperate with Buyer's duly authorized due; diligence inspection representatives In the event any information which is material and relevant to inspection of rite Property is known only to Seller and not otherwiso obtainable from readily available public resources of such information. In the event the Property is unacceptableto Buyer for any reason whatsoever (including, without limitation, title and/or survey objections, inability to obtain desired third party financing, environmental problems), prior to the expiration of the Inspection Period Buyer, acting in Buyer's sole discretion, shall so advise Seller in writing and state that Buyer intends to terminate this Contract ( the "Property Objection Notice "). Asa condition of such termination, Buyer shall provide Sellerwith a copy of all of Buyer's inspection reports secured from third party sources, including without limitation all structural studies and reports, surveys, environmental reports and all other due diligence information secured or held by Buyer pertaining to the Property or this transaction (but not intended to include Buyer's internal memoranda and direct communications between Buyer and Buyer's legal counsel separateand apart fi•om any such third party Inspection reports secured by Buyer). Provided that Buyer is not in default, Seller shall cause the Escrow Agent to refund any Deposit paid by Buyer pursuant to this Contract, and this Contract shall be canceled and each party released of all further liability hereunder. IN ALL EVENTS, IF BUYER FAILS, NEGLECTS OR REFUSES TO CANCEL THIS CONTRACT AS PROVIDED IN THIS PARAGRAPH WITHIN THE TIME-PERIOD PROVIDED THEREFOR, BUYER SHALL ACCEPT THE PROPERTY IN ITS EKSTING "WIIERE IS, AS IS" CO TF O ; Within five (5) business days from the Effective Date of this Contract, Seller shall make available for Buyer's review and inspection at Seller's office the following documents, to the extent any exist and are in Setter's possession and control and cannot be secured by Buyer from third party sources during Buyer's due diligence .inspections during the Inspection Period: (A) guarantees, warranties and service contracts (including without limitation garbage, termite, property management,roof maintenance, natural gas, elevator and any other maintenance agreements); (B) insurance policies (including, without limitation, fire, flood, casualty, liability, wind, loss of rents and workmen's compensation); (C) existing licenses and permits; (D) written Leases, or summary of any unwritten month -to -month Leases(as those terms are hereinafterdefined), of all Tenants presently occupying the Real Property, and any additional and relevant rent roll information not supplied in Exhibit "B" attached to this Contract (all of which the Buyer acknowledges is proprietary Information of the Seller); (E) building plans for the improvements on the Real Property; and (F) any existing surveys of the Real Property. The aforesaid documents may be temporarily surrendered by Seller to Buyer for the sole purpose of photocopying the same, provided that all such documents are returned and delivered to Seller at Buyer's sole expenses in the same condition and order as received from Seller within forty -eight (48) hours from the date and ,time of Buyer's receipt of the same. If, for any reason, Seller fails or neglects to fully comply with the provisions of this Paragraph within the time period allowed therefor, Buyer shall telefax a courtesy notice to Seller and, Seller 'shall cure such non - compliance no later titan five (5) business days front the date of receipt of Buyer's couutesy1notice to the extent Seller is reasonably able to do so. BUYER ACKNOWLEDCES AND RECOGNIZES THAT, AS PART OF MAKING THIS CONTRACT, SELLER HAS MADE THE FOLLOWING DISCLOSURES REGARDING THE PROPERTY WITHOUT WARRANTY OR REPRESENTATION: (A) Seller representsto Buyer that Seller previously has riled a Petition with the Miami -Dade County Valuation Adjustment Board which contested the Miami -Dade County Property Appraiser's assessed valuation of the Real Property for 2000. Pending resolution of this Petition, the 2000 ad valorem taxes are currently unpaid on the Real Property. In the event the full amount of all real property taxes due on the Real Property for the 2000 tax year are not paid In full oa or before the Closing Page 3 or total pates Last Rcvisloji ate; Fridiy, IVUrch 2, MI Contract For Sale And Purchase Unte, Seller consents and.agrecs that a sum equivalent to such unpaid taxes shalt be disbursed out or Seller's proceeds of this sale into escrow with the Escrow Agent until such laxes.are paid. (11) Certain additions and improvements have beett tnnde to the Property by prior and current tenants, and certaitt personal property is stored oil the Kcal Properly, which are the Iwuperiy of (lie respective tenants, arid therefore these additions, improvenrenis and persounl property niny be subieel to removal upon the tenants vacating the [tent Property. An inventory oradditions and improvements installed by the Tenants which arc presently known (o Seiler is ilemi7cd in Exhibit "A" at(ached hereto and by this reference expressly made a part hereof. Notwithstanding any expiration of the foregoing Inspection Period without prior cancellation of this C:oniravi by Buyer, tile parties ncknowledge and agree that Buyer (upon prior appointment ►with Seller in the manner provided above in this Paragraph 9) may walk through the Real Property prior to (lie Closing Dale solely to verify that Seller has fulfilled Seller's contractual obligations, and to confir•in (flat the condition of the Rent Property has not changed in a planner tuater•ial and adverse to the Buyer from the expiration date of the Inspection Period. No other issues may be raised as a result of the walk- through inspection. 10. SUii;VCY: Buyer. at Buyer's sole expense and within (lie Inspection Period, may (but shall not be obligated to) cause the Real Property to be fully surveyed by a Florida licensed surveyor or enghlcer. If sirch n survey is obtained by Buyer, file survey shnif comply with Chapter 472, Finrida Statutes, as well as Cite Minimum Technical Standards set forth by the Florida Board of Professional [.and Surveyors in the Floririn Adininistrative Code, as amended, tar band or Boundnry Surveys, as defined therein, and the surveyor. or engineer shrill cerlity compliance therewith; the surveyor shall provide on the survey accurate and complete legal descriptions for Al file (teal Property; and the survey shall be certified without qualification to the Seller, Buyer, respective counsel For Seller and Buyer, the Title Company and any other parties designated by Buyer under seal by file aforesaid Florida licensed surveyor or engineer (the "Survey "). The Survey shall also: (i) be dated no earlier than the Cffeefive Date of this Contract; (ii) delineate lite boundary lines of the Real Property; (iii) tellect and describe any easenictils and rights -of -way thereon, recorded or otherwise, as well as all roadways and other matters appearing of record or required to he graphically or legally described under Florida taw; (iv) evidence the elevation of lite Real Property and state whether the Real Property is located within a flood zone; (v) evidence the location and names of ndioining streets; and (vi) be otherwise sufficient for the 'title Company to issue to Buyer the owner's title insurance policy without including any standard survey exception (unless applicable to the Real Property pursuant to the provisions of Paragraphs 5 and 7 above in this Contract). If the Survey shows any encroachment on the heal Property, or that improverents Incited oil the Real Property encroach on setback lines, casements, lands of others or violate any restrictions, Conimcl covenants (including, without limitation, any Seller representalions in Paragraph 12 below) or applicable governmental regulation, the Same shut) constitute a title detect in accordailce with file provisions of Paragraph 5 above in (his Contract. H. "AS IS" CONDITION: The Property is sold fit its existing "WIilatf: iN, AS iS" condition slid with all faults, which Buyer expressly assumes full responsibility therefor as or the Effective Date of this Contract (subject to Buyer's right of inspection during the Inspection Period specified in Paragraph 9 above) and also as of the Closing. The Seller clues not tnnke any claims or promises regarding the quantity, quality, condition, use or value of the Property or any part thereof, if Buyer does not elect to cancel this Contract during the inspection period specified in Paragraph 9 above, Buyer acknowledges that Buyer Inns fully inspected lite Property and otherwise made inquiries concerning, the quantity, 41unilty, condition, use, Ind valop of [tic Property and fins relied upon the Buyer's independent inspections and review In purchasing the'Property. By executing, delivering and performing this Contract. Buyer dues not rely upon any statement or information made or Riven, directly or indirectly, whether verbally or in writing, by Seller, or any person or entity acting on behalf of Seller, other than its specifically set forth in this Contract. 12, SELLER REPRESENTATIONS: Seller makes tine Hollowing representations to Buyer (which shall survive the Closing Date for a period ol'six (6) months): A. Authority of Seller: Seller is sui 'tt rris, and has the lawful right, power, authority and capacity to bind Seller to the terms hereof and consummate the transaction contemplated by this Contract, pursuant to the terms. provisions and conditions of this Contract. B. Nun - Foreign Person Status of Seller: Seller is not a "foreign person" as defined in Seclion 1445(1)(3) of the internal Revenue Code, as amended. Seller's U.S. Taxpayer identification Number is 243 -22 -1612. C. Condenination/PendinZ Actions: Seller is not aware of any pendin- or threalcited condemnation actions of any kind, or other pending legal actions materially and adversely affecting the Real Prooperty which preclude Seller's nbility to close this sale and purchase on lite Closing Date as provided in this Contract. D. Assessment of Real Property: The Real Property is currently assessed under Minuli -[lade County Tax Folio No, 09- 4025- 028 - 0930, E. Compliance With Law: Neillicrthe execution and delivery a f1his Cori tract northe consummation of the transaction provided for bercin will violate any agreement to which Seller is a party or by which Seller is bound or any law or statute, order or decree of any court or governmental agency. Mice 4 of 12 tutul pngcx�"�"� "�'��'"""'� . 1- te: ei nesilny.T"Fie 'ruIry7ii:"ZS�I' Coidracl For .Sale Acid Purchase F. i. imitations on Access: Seller has received no written notice'of any restrictions limiting veilicul:u• arid pedestrian access to, and egress from, the Real Property (other than those as described or referenced in this Contract), G. Ownership of Ilse Real i'royerly: ' Scllcr owns fee simple title to the Real Property, free and clear of all licus, encumbrances, mortgages and other tn;tllers except for matters set forth in Ihis'C:ontract (including, without linii(ation, the Permitted Title Exceptions). I1. Violations: Scaler has not received any written notice of m►y uncured violations cif: (i) haw or municipal ordinances; or (ii) zoning, building, tire, water, use, health, or environmental statutes, ordinances, or codes; or (iii) federal, state, catntty, or municipal, or other govern ill en ill l agency rel;trla1iuns, crrdcrs, or requil elite) its, relaling to the Real Property. The representation in foregoing Clause (ii) as to receipt of no notices of uncured violations of "'cnvironotentat statutes, ordinances, or codes" shall include written notices received by Scllcr pertaining to any '11=irduus Substances" and materials dermed its: (a) "ha7wi dous substances," or "toxic substances" as those terms are defined by the Comprehensive Lnvironnicntal Response, Compensation, and Liability Act ("CURCLA "), 42 U.S.C. § 9601 et seq,; or the I L•vardous Materials Transpo tint ion Act, 49 U.S.C. § 1802, all as amended and hereafler amended; (b) "hazardous wastes," as that term is defined by Cite Resource Conservation ;tad Recovery Act (" itCRA "), 42 U.S.C. § 6902 it sec., as amended and hereafter amended; or (c) polychlorinated biphenyls ("!'ells") or substances or compounds containing; PCBs. 1. Leases: The following person(%) or entities (collectively, tl►e "'Tenants ") are currently in possession of all or part of file Real Property under written tense agreements on a month -lo -month basis or for a del'mile rental tertn but cancelable on not more than thirty(30) days notice, or verbal month -to -month tenancies, with the exception of the Stork Avenue Lease, {ilescribeef lrchw) (collectively, (lie "Leases "): SEE RENT ROLL ATTACItf ) HERETO AS EXHIBIT "B ", AND BY 1'ii1S REFERENCE F.Xi'RESSLY MADE A PAID IIERWIT. All such 'tenants under the Le.•ases are occupying their spaces on a rent paying basis; no such Tenants have paid any rent for more than one (1) rnonth in advance other than as disclosed in the Rent Roll. None of the Tenants arc entitled to any rebate, concession, abatement, free tent or'nny other inducement other than as disclosed in the Rent Roll. Seller has received no written notice from any of the'i'enanls of any pending or threatened claints or lawsuits with respect to the Leases or any tenancies thereunder, or as to any other tenancies claimed by any third parties as to the Real property, including without limitation any claims for setoff. Any rental payments duc under any of the: I..eascs assigned, hypollrcc:ated, or encumbered by Seller prior to the Closing Dote shall be rcicnscd anadlor terminated ills later than the Closing Date. The Seller knows of no other outstanding leases or other agreentenis for occupancy of any portion of the Real Property, except as disclosed in this Contract. During the period thal This Contract is in full force and effect, Seller will not enter into any new leases as to lite Real Property, or any portion thereof, wilhuta Buyer's consent except for month -to -month lease arrangements subject to tennination at any time by tine Seller (which shall not ietluire Buyer's consent). Seller discloses that an existing Standard Industrial Wnreltouse Lease Agreement dated as of July 1, 2000 in favor of STUItK AVENUE, INC., a Florida corporation, (the "Stork Avenue Lease ") is effective for n three (3) year term front July 1, 2000, which is cancelable on not inure than thirty (30) days prior written notice after July 1, 2002 provided that the lessor receives a coulrtact Its purchase the Properly described in the Stork Avenue Lease from a third party purchaser and consummates a closinR with such third party purchaser. J. Governmental Proceedings: Seller has received no written notice of any pending or threatened judicial, municipal, or administrative proceedings against %lie Seller or tine Real Property, or which Seller is, or will be, a party to by reason of Seller's ownership of the Real Property, including without limitation, eminent domain proceedings. Seller has not received any written offer front any public or quasi- public authority having powers of eminent domain over the Real Property, The Seller has received no written notice of any attachments, execution proceedings, insolvency, bankruptcy, or other proceedings pending or threatened against rte Seller or the Real Properly. K. Real Estate Taxes: Other than all real property and personal taxes for 2000 (which may not be due as of the Effective Dite or this Contract), Seller has received no notice orally real estate or personal property taxes which are presently valid and outstanding or validly assessed agninst the Rcal Property. L. Unrecorded Agreements: Seller has not entered into any agreements pertaining to fire Real Property which are not of public record: (i) with any slnte, county, or local governmental authority or agency; or (ii) which are not otherwise described in this Contract. No commitments have been nradc by the Seller to any governmental agency, utility company, or others which would impose an obligation upon the Buyer, or its successors and assigns (where assignment is permitted under this Contract) of any nature which are not otherwise described in this Contract. M. Preservation of Real Property: Scller will maintain the physical condition of the Real Property, including the grounds and all other elements of the Rent Property, in the same condition as exists on the UfTective Date of this Contract through the Closing Date, except for ordinary wear anti tear and mallers of casmalty loss (covered by Paragraph 31 below in this Contract), and shall not cause, permit or suffer any act to be performed which might cause fill to he removed or other damage to llte Real Property (other than any damal a rauscd or created, directly or indirectly, by Buyer or Buyer's agents, coniraclors or employees). On or before the Closing Date, and unless otherwise accepted in writing by the Buyer, Seller represents that Seller shall remove, or cause to he removed, from the Property tite following specific personal 1 je , o 17—till-Al "ell ny;l efirnir}' , IiiiT ( .''anL•ercl Far' ,Stile And Pur•chcrse praperty, trash and rubbish; t N. Insurance o� ltetil Pro ert Seller will kec and mnuntnin nit insur:ntce cuJcntges perlainiul; to the Real Property secured by Seller and existing on'the 1 :11ective late of this co, IlGet in: lull farce anti ellect to the Closing Date. 13. BUYisR REPRCSENTATiONS: Buyer snakes the following representations to Seller (wl►icl► shall survive the Closing Date for a period of six (G) months): A. Authority or Buyer: Buyer is n valid Florida governruenial agency, ►►nd has the lawful right, power, authority and capacity to bind Buyer to the terms hereof and consunnmate the transaction contemplated by this Contract, pursuant to the terms, provisions and conditions of this Contract. B. Preservation or Property: Prior to tine Closing Date, Buyer will not cause, permit or st►tfer any act to be performed which inight cause rill to be removed or other damage to the Propcity (other than vandalism by third parties unrelated to Buyer and any damage caused or created, directly or indirectly, by Seller or Seller's agents. contractor, or employees). C. C_ omnliance With Law: Neither (lie execution and delivery of this Contract nor the consummation orate transaction provided for herein will violate any agreenteat to which Buyer is a party or by which Buyer is bound or ,rosy law or statute, order or decree of any court or goverimmital agency. D. Unrecorded Agreements: The Buyer has not entered into any agrecntems pe►tainiug to the Real Property which are not of public record: (i) with any state, county, or local governmental aud►urity or agency; or (ii) which are not otherwise described in this Contnict. No commitmems have been made by the fluyer to any governmental agency, utility company, or others which would impose an obligation upon the Seller, or its successors and assigns of any nature which are not otherwise described in this Contract. 1.1. LIENS: On the Closing Date, Seller shall furnish to Buyer an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential licuors known ut Seller and further attesting that there have been tit► improvements or repairs to the Real Properly for ninety (90) days imtnedintely pireccding the Closing Date. If the Real Properly has been improved, or repairs made within that time. by Seller, Seller shall deliver releases or waivers of all applicable construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's licit affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have bcen paid or will be paid at Closing. Is. LEASES: In this Contract, the term "Leases" shall mean and rel'er to all leases, subicases, licenses, franchises, concessions and other occupancy agreements, written or oral, whether or not a matter of public record, for the use or occupancy, of any portion of the Real Property described or referenced in Exhibit "B" attached hereto and by this reference expressly made a part hereof: Within the litter of rive (5) business dnys front the later of the Rffective Date of this Contract or , 2001, Seller shall make. available 1i►r Buyer's review anti inspection at Seller's office all Leases in favor of each Tenarit occupying, or having a right to occupy, any portion of the Real Property logellicr with Sellers Affidavit specifying: (1) the nature and duration of occupancy of the Tenants; (ii) rental rates, advanced rent and security deposits paid by the Tenants; and (iii) stating that file written lease aglecitteul and any written addenda thereto constitutes the entire agreement between Seller and; each Tenant with ttu Modifications, revocations or other agreemcnls other than as set Wit in any written Leases and any written addenda thereto. If, for any reason, Seller fails or neglects to fully comply with the provisions of this pnrtgraph within tine litne period allowed therefor, Buycr shall telcihx a courtesy notice to Seller and Seller shall cure such non- compliance uo later than rive (s) business days front the date of receipt of ntlyer's courtesy notice to the extent Seller is reasonably able to do so. No later than rive (5) days prior to the Closing Dale, Seller shall provide Buyer with estoppel letters tiom the Tenants confirming the same information as to the Leases. In the event Seller is unable to obtain such letters from all Tenants alter making it good faith effort to do so. Seller may provide the same intonnation required to be in the said estoppel letter being put in tits form of an updated Scller's Affidavit and delivered by Seiler to Buyer no later than three (3) days prior to the Closing Date. Seller warrants and represents that: (i) all work presently required to be performed for tine Tenants under their respective Leases have bcen performed or will be performed by the time of the Closing Date; (ii) there is no action pending between (lie Seller. as Landlord, and any Tenant to reduce the nmount of any rentals due under the terms of the Leases presented to Buyer for its review; (iii) there is no option to renew any Leases or to purchase tine premises by any tenant except as expressly noted in Exhibit "B" :timeliest hereto: and (iv) that no brokerage commission or compensation of tiny kind is or will be due from Buyer or (he rents therefrom for leasing space, either pact, present or future, except as specifically noted in Exhibit "ll" attached hereto. Seller shall deliver and assign all original I,caties to Boyer out the Closing Date, which Fiuycr shall expressly assume front and oiler the Closing Late as successor Lon(Hord to Seller.. Seller shall not modify or exercise any option to extend the term of ally existing Lcascs without buyer's prior written consent in each instance, which consent shall not be unreasonably withheld. Seller shall indemnify and hold Buyer harmless from Seller's nonperformance under all Leases in effect prior to tile. Closing Date. Any brukerage cmtunissions incurred as a result of any Leases of the Real Property in effect prior to the Closing Elate shall bc ltaid for in full by Seller, with Buyer assuming all such commission payments accruing from and after the Closing Date. Oil tilt; Closing Date, Seller shall Iransfer and assign or otherwise credit to Buyer all security deposits of the Tenants (with accrued interest, Warty). Buyer may, but in tin event shall be obligated to, aminne any existing rental agency .......... r ..�..._ �,...w .. _..... __ t <lifuo� vG'c 6"nT1—titaTijWµi i"eJnil "om , Cowreict For Sate Ad Purchase agreements of Seiler as to the Real Property. Any such rental agency agreements not expressly assumed by tluyer 4writing'shall not be binding upon Buyer, and Seller shnil filly, indemnify and hold Buyer harmless front all claims. actions, suits, damages and liability whatsoever as a result of any such non-assumption by Buyer. All rent under the Leases shall be prorated as of the Closing Date, with Buyer receiving a credit from Seller egnal. to all ndvance rent paid for any periods) of occupancy by the Tenants on and Air .the Closing Date.' During; the Inspection Period, Buyer shall receive a copy of the Stork Avenue Lease end review and eviduale Ilse same as part or lite due diligence period provided in Paragraph y above. Notwithstandinsg anythint; to the cunlrury'fn this Contract, it Buyer does not cancel this Contract during the Inspection Period, Buyer must receive an assignment of the Stork Avcnue Lease from Scller, and assume the obligations,of the ,Lessor under the Stork Avenue Lease; as part of the closing of this sale and purchase. BUYF.it ACKNOWLEDGES AND AG121;ES THAT 1'HU' Pt1RCHASE PRICE IN TIIIS CONTRACT, SIIALL NOT BE REDUCED IF ANY TENANT VACATES THE REAL PROPERTY BETWEEN THi? EFFECTIVE DATE OF THIS CONTRACT AND 'riw CLOSING DATE. 16. PLACE OF CLOSING: The closing firr the transaction contemplated by this Contract ( "Closing ") shall lie held as Ile office (if (lie Title Company, (it, tit such other closing site located in Miami -Dadc County, l'lorida mutually acceptable to Seiler and Buyer. 17. TIME: 'rime is of tile essence in this Contract. Tinic periods herciu of less than six (6) days sladl in the computation exclude Saturdays. Sundays and slate oil national holidays, and any bate period provided herein which shall end on Saturday, Sunday or legal holiday shall extend to 3:00 p.m. of the itcxl husincss day. 18. 1)0(,l)MFNTS F_01t CLOSING: Sella shall convey a marketable title to the steal Property by Special Warranty Deed. Seller also shall provide an Absolute hill of Sale as to any applicable Personal Property owned by Seller and situate on the (teal Property, Construction Lien Possession and Closing AfYidavit (with I -IRPTA and CAP assurances), General Assignment evidencing the transfer and assignment of all the LeaSCS, tcifether Willi Seller's permits, contracts, licenses, agreements or other documents pertaining to the Real Properly which are in effect ns of (lie Closing Date without recourse, estoppel infurniation opt payoff or the Existing Mor(gage; and corrective title instruments (if any). Buyer shall furnish the Closing Statement and all other documents required by this Contract or the Title Company to be delivered by Buyer, The parties mutually agree to exchange copies of tine aforesaid closing documents for review by their respective legal counsel not less than three (3) days prior to the Closing Date. 19. CLOSING EXPENSES: Seller shall pay l'or: (i) recording any curative tille'docunlenls; (ii) the cost of issuance of the 'ride Commitment for the Real Property and the '1'itie Policy issued pursuant thereto to be secured by Seller's counsel through the Title Company insuring the grantec(s) named in the instruments of conveyance to the heal Property; (iii) Florida Documentary Stamp Tax on the Decd(s); and (iv) any other expenses and charges specifically allocated to the Seller its this Contract. .Buyer shall pay for: (i) the cost (it' (lie Survey of the Real Property; (ii) Miumi -Dade County Discretionary Surtax on the Deed(s) and cost of recording the Deed(s); and (iii) any other expenses and charges allocated to Buyer in this Contract (including, without lintiuition, the cost of all due diligence inspections, environmental studies, etc.). Lich party shall pay the costs arid expenses of the party's own attorneys. M. BROKERAGE COMMISSION: Seller and Buyer mutually represent and warrant it) each other that there arc no real estate brokers or agents with Seller or Buyer has had negotiations as to the sale and purchase of the Real Property to [iuyer to whom any brokerage fee or contn►issiun of nay kind is due. Buyer understands and agrees that Seller has taken into account the absence of nny claims roe' brokerage commissions in agreeing to the purchase Pricc in this Contract. ht the event any real estate broker(s) or agent(s) contacted by 1311yer makes any legitimate claim fora commission for the subject transaction, the breaching party shall fully indemnify and hold tine non - breaching party harmless front all actions, claims or demands of any nature whatsoever by any such brokers or itgem. 21. PROit.ATION; CREDITS: Taxes (real and personal), assessments, ret►t, interest, insurance aiuJ Other expenses and revenue of the Real Properly shall be prorated through midnight of the day before closing:. Buyer shall have Ilse option of taking over any existing policies of insurance, il' assumable, in which event preiniuius 511,111 lie prorated. Cash at Closing shall be Increased or decreased as may, be required by prorations. 11rorations will be made through day of occupancy if occupancy occurs before closing, 'raxes sliall be prorated based o1, the current year's tax with due allowance made for maximum allowable discount and other exemptions. If the Closing occurs at a date When the current year's millage is not fixed, and current year's assessment is available, taxes will he prorited based upon such assessment said lite prior year's millage. If current year's assessment is not available. Ihen taxes will he prorated on Ilse prior year's tax. if there pre completed improvements on (teal Property by January Ist of year 1,l' closing which insprovetttcttts were uul in existence on Jaimary Ist of the prior year then taxes shall be prorated based upon the prior year's millage and at nn equitable assessment to be agreed upon between the parties, failing which, request will be trade to the Miami -Dade County Property. Appraiser for an informal assessment, taking into consideration available exemptions. Any tax proration based oft an estimate finny, tit request of either Buyer or Seller, be subsequently readjusted upon receipt of the applicable tax hilt provided that any such repiuraliou tequcst N made within six (6) montlis from the date of first issuance or an accurate tax bill by the Nliami -Dade Tax Collector. .22. SPFCIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as 01' the Effective Date of this Contract arc to be paid by Seller. Pending liens as of lite El %ctivc Date of this Contract $hall be assumed by Buyer. if the improvement has been substantially completed as of f:ffective Date of illiY Contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an ace nf1 tofu pet ci " M '��~ M 1'"tliletM'riun Bate: 1i��lnes� eyTi ; f�ehiu>ty 1 t Cotarttct For Sale Antl Prtrclicise amount equal to the last estimate of assessment for the improvement by the public hotly. As of the I:ITective Date of this Contract, Seller represents that it has received no notice of-'any such pending or thrcatctied liens. 23. 1 ?SCROW: 'llte Escrow Agent shall receive file Deposit funds and is authorized, and agrees byacceplvrce of the same, to deposit the funds promptly and hold (lie same in escrow pursuant to this Contract and, subject to clearance, disburse them in accordance with the terms and conditions of thisContract. Failure of clearance or kinds shall not excuse i3uyer's performance. 'I'lie patties agree that the following terms and conditions 511.111 govern the. Escrow Agent's responsibilities under (Iris Contract: A. In tine event the Escrow Agent is in doubt its to its duties or liabilities under the provisions hereof; it may, in its sole discretion, continue to hold the Deposit until the parties hereto mutually agree to the disbursement thereof, or until a juilgnrent of a court of conipetctit jurisdiction shall determine tfte rights of the padies therelo, or the Escrow Agent may deposit all of the rtionies then held pursuant to this Contract with the Clerk of (he Circuit Court of Miatni -Dade County, Florida and, upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall folly cease and tenni(Iitic, except to the extent of accounting for all monies thereto delivered out of escrow. 13. The parties hereto do hereby Jointly and severally agree that the Escrow Agent shall incur no liability whatsoever in connection with its good faith perl'ornnanee under this Contract, and the parties hereto do hereby jointly and several)), release and waive any claims they may have against the Escrow Agent which may result from its performance in good faith of its functions under this Contract. The Escrow Agent shall be liable only ftlr loss or damage caused directly by its acts of negligence.while performing as escrow agent under this Contract. C. In the event orally disagreement between the parties hereto resulting in conflicting instruction. to, or adverse claims or demands upon, the Escrow Agent wilh respect to tine release of the Deposit nndfor tiny other escrow funds or the escrow documents, the Escrow Agent shall refuse to comply with any such instructions, claims or demands, so long; as such disagreement shall continue, and in so refusing, shall not release (lie escrow funds (including the Deposit) or the escrow documents. 'Ilnc FScrow Agent shall not be or become liable in ally way lair its failure or refusal to comply with any such conflicting; instructions ar' adverse claims or demands, and it shall lie entitled to continue to refrain from acling until such conflicting instructions or demands: (i) shall have been adjusted by agrecvncat and it shall have been notified in writing by the. parties herrau; or (ii) shall have Oholly been determined in a court of competent jurisdiction, ht addition, the Escrow Agent may interplead the titnds of- documents into a court of competent Jurisdiction. , 1). The Escrow Agent, shall have no liability for any loss, damage, costs or attorneys Pecs resulting from a delay in the electronic wire transfer of finds, unless said loss is the direct result of the Escrow Agent's negligence, E. The Escrow Agent shall not be liable to any patty or gtersons whunlsoever for tuisdclivery to i3uyer or Seller of monies (including, without limitation, the Deposit) subject to this Contract, unless such rttisdelivery shall he due to willful breach of this Contract, or gross negligence an the part of the Escrow Agent. F. The Escrow Agent may, in its sole discretion, resign by giving thirty (30) days prior written notice thereof to the partim hereto. 'ilie parties shall furnish to the Escrow Agent written instructions for [fie release and /or disbursement of the escrow funds (including;, without limitation, the Deposit) and escrow documents. If the (escrow Agent shall not have received such written instructions within the said thirty (30) day period, the i,scrow Agent may petition any court of competent jurisdiction for the appointment of a successor escrow agent, and upon such appointment, deliver the escrow funds (including, without limitation, the Deposit) and escrow documctits to such successor.. G. Pursuant to instructions of the pirrties in this Contract, the Deposit shall be deposited in an interest bearing account backed by the United States Government, interest accruing; thereunder shall be to the bcaefit of (he party receiving the Deposit pursuant to this Contract. in (lie event the aggregate amount of if II monies held in escrow by the Escrow Agent pursuant to this Contract exceeds $100,000,00, the Escrow Agent shall flat be liable due to the fact that said monies exceed the maximum amount insured by the Federal Deposit insurance Corporation. I1. Any suit between the Buyer and Seller where (he I"scrow Agent is made a party because of acting its Escrow Agent hereunder, or in any suit wherein Lscrow Agent imerpleads the subject matter of (lie escrow, the Escrow Agent shall recover reasonable attorney's fees and costs incurred with (he tees and costs to be charged and assessed as court costs in favor of the prevailing patty. The parties agree that Escrow Agent shall not be liable to any party or person for tuisdelivery to Buyer or Seiler of items subject to Ibis escrow, unless such inisdelivery is due to willful breach of this Contract or negligence of the Escrow Agent. t. PROVIUEDTIIERE IS NO DEFAULT UNDEM THIS CON'CRACT, SELLER AND UuYiut AGREE TO SPLIT THE FEES AND OUT -OF- POCKET EXPENSES OF THE ESCROW AGENT. IN TJlE F.VENTOF ANY DEFAULT UNUERTII1S C:ONTRAcr, IIOWF.VER,TIIE DEFAULTING PAIa'V SIIALL PAY FOR ALL SUCH FEES AND COSTS. 24. KITORNEY FEES; cons: In any liligaliun arising out of this Contract, the prevailing party shall he entitled to recover from (fie non - prevailing party reasonable attorney's (and paralegal) fees and costs I'or all phases of litigation including, but not limited to, appellate proccedings. }snpe"lI ni'1"1'in'tnfpnxe� •`-""'-"""-"'"-"'"""`-'""""-""""-" �" w"""" �"' ����►��E��fSr�T ;c:�'e�Incs1 "nv. f cfirunry 1R; �li�lf Cornlrncl 1%or Sale ./God Purchase 25. FAILURE OF PERFORMANCE: If the Buyer rails to perform Iluyer's obligations under this Contract (including payment of the Deposit), lire Deposit paid (anal to be paid by Buyer), inclusive of all interest earned thereon, if any, may be retained (or sued tor) ,by or for Cite accotuit of Seller ns agreed upon liquidated damages, in consideration for the execution of this Contract, taking the Rent Property off of tic n%nrkel for fire period of this Contract, nnd. in full settlement of any claims arising as to Buyer's failure, neglect or refusal to porrhnse lire Real Property (but without jeopardizing any independent indemnity claims. in favor of Seller as set fbith in this Contract) whereupon, Buyer and Seller shall be relieved of sill obligatiotis under Contract (wit!► the execpti(in s,f any pending indernnity claims in favor of Seller which may be specifically enforced by Seller). tf, tirr any reason otter than failure of Seller to make Seller's title markeinblc pursuant to Paragraph 5 above in this Contract, Seller fails. neglects or refuses to perforn% this Contract and (3uyer is not also in default under this Contract, Buyer may seek specific performance of this Contract or elect to receive the return of the Deposit (inclusive of all interest cnrncd thereon, if any) without thereby waiving any action for damages resulting from Seller's breach, which damages shall be expressly limited to reimbursement by Seller of Buyer's actual, out -of- pocket expenses inc itred pursuau%f to Patagraplts 9 and to above in this Contract only (and not including any legal fees or costs of dryer) and supported by paid receipts and invoices submitted by Buyer to Seller in an amount not to exceed the ag;g;regatc suet of S:2l,SOO. 26. CONTRACT NUT ILECORDAULE, 111136ONS BOUND: Neilher this Contract nor any notice of it shall be recorded in any public records. This Contract shall hind and inure to (lie benefit of the parties and their successors in interest. Whenever file context permits, singular shall include plural and one gender shall include all. 27. NariCFS: All notices permitted or required pursuant to this Contract shall be in writing and shall be droned to have been properly given: (I) if served in person; (2) upon receipt or first refusal by the addressee, if mailed by certified or registered runil, return receipt requested, postage prepaid; (3) upon receipt or first refusal by the addressee, if delivered by any overnight delivery service-, or (4) facsimile fransrttissiort (backed up by proper and complete transmission confirmation showing all pages transmitted to the proper telephone number), provided that, in all events, such notice is addressed to the party to whom such notice is intended is set forth below: To life Sell cr: Wide A. Mobley C/O Alan Dale Moblcy, Trustee 11.0. Box 43 -1458 South Miami, Florida 33243 -1458 Attention: Alan Dalc Mobley, Trustee 'telephone: (305) 668 -8805 Telefax. (305) 668 -8807 With cola to: Joseph Warren Kniskern, Esquire 17190 Arvida Parkway, Suite 2 Weston, Florida 33326 Telephone: (954) 217 -1196 Telcfax: (954) 217 -1197 To the Buy cr: The South Miami Community Kedevelopotent Agency City of South Miand 6130 Sunset Drive South Miami, Florida 33143 (Attention: Mr. Greg Orvec) 're{cpholte: (305) 663 -6318 fc{efax: (305) 663 -6145 With cony tu: John C. Dellagioria, Esquire 776 N.E. 125th Street North Miami, Florida 33161 Telephone: (305) 893 -6511 Telefax: (305) 895 -7029 Any failure or neglect of either party to deliver copies of any notices to the attorneys noted above shaft not affect the validity or timing of such notice. Notice given by or to the attorney for any party shall be as effective as ifgiven by or to that party. 28. CONUEMNA'I'ION: if, after the Effective Date of this Contract and prior to the Closing Date, any portion.of the Real Property is taken by eminent domain or is lite subject of a pcnding taking which has nut been consummated (hereinafter collectively referred tons a "Taking ") and Seller receives written notice of the saute from the condemning authority. Seller shall notify Buyer of such' fact, and Buyer shah have the option of either (i) terminating this Contract upon notice to Seller given not later than fifteen (iS) days after receipt of Seller's notice; or (H) proceeding with the Closing in accordance will% this Contract. Buyer shall have the right, but not the obligalion, to contest and negotiate the amount of money offered for such 'faking, as well as any of the touts related thereto. If this Contract is terminated its aforesaid, neither party shall have any further rights or obligations to the other hereunder (except for any matters svhic)r specirlesily survive termination of this Contract). If Buyer has not elected to terminate this Contract. as aforesaid, Seller agrees to assign to Buyer at chasing all sorts which are to he awarded for the Taking. Buyer shall thereafter be entitled to receive and keep any awards for such Takir%l; by eminent domain. nee nfTi lorsf pKgcy "'""`"""�"" ` •� fIgi Aiv,slunete. WWneu ay, rc runry . Sli11T C Ontrucl For Stile And Purchase 29, PERMITS AND APPROVALS: Buyer has the express right, at Buyer's sole expense, to make any applications, or seck'nny prelinhinary approvals ( including, without limitation, zoning approval) as are teasunnl►ly required for Buyer's anticipated ownership, development, use, Operation, nhanngement and teasing of the kcal Property (subject to prior written approval by Seller, which shall not be unreasonably withheld or delayed) to effectuate atty orthe foregoing, but the consumnnation of this sale and purchase shall not be cn►ditioned upon Buyer securing any such approval(s), nor shall the lnspection.l'eriod or Closing Date be extended for any reason related to such approval(s). It is undersloud and agreed that all permits, approvals, consenls or docuntenialion of any kind wlrich is obtained or received by Buyer during the pendency of this transaction shall for all purposes be the property of Seller if Buyer does not close the transaction conienhpiated by this Contract, unless such failure to close is directly caused by a default of the Seller. Buyer agrees to deliver to Seller copies of till approvals, permits, or consents which it has obtained or received relative to the Real Property, and Buyer shall, tit Seller's option, assign all approvals to Seiler if this transaction does not close lbr any reason. Fit all other instances, Buyer shall have uo► obligation to release or transfer any of such approvals or documents to Seller (or any other party through Seller), Seller agrees to execute any applications for such permits and approvals provided that Buyer subunits complete documentation to Seller in ptoper form without any expense to Seller and Seller shall not be required to attend any hearings or administrative proceedings in connection therewith unless reasonably necessary to complete the applicable fncaring(s) or administrative proceedings). 30. ASSIGNMENT: The fluver maned herein stay assign this Contract in whole, but not in part, nt any time on or before the Closing Date with Scller's prior written approval, which approval sh all r,at be urrreasannbly withheld. Any such assignment shall be contingent upon: (i) rluycr providing Seller with a true copy of the instr a Cant oaf assignment shall be delivered to Seller no later than ten (10) days prior to the Closing Date; :tad (ii) file assignee expressly assuming in writing the obligations of Buyer in the Contract, to the full extent of such assignment. in no event shall the original t3uyer be released from this Contract upon any assignment. 31. RISK OF LOSS: If the Real Property is daustg;cd by fire or other casualty through no fault of Cite Buyer or Buyer's agents and employees (including, without limitation, all inspection personnel) tilt or befoore the Closing Date, and further provided that Buyer is not in default under this Cowrnct, Boyer shall have the uption of: (i) continuing with the purchase of the Real Property pursuant to this Contract and taking, Isle Real Property in its then existing condition, together Willi any insurance proceeds as may be payable for such loss or danmge; or (ii) canceling this Contract and receiving a return of the Deposit paid by Buyer, 32. 0'1'11EIi AGREEMENTS: This Contract, including the Exhibits attached heretu, constitute the entire agreement anions the parties pertaining; to the subject matter hereof and supersedes all prior and cumentporancous agreements and understandings of the parties in connection therewith, No representation, warranty, covenant, agreentent or condition not expressed in this Contract shall be binding upon (lie parties hereto or shall a0cct or tic effective to interpret, change or restrict the provisions of this Contract. No prior or present agreements shalt be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding; upon lite parties tittles in writing and executed by the party or parties intended to be hound by it. Thc'parlies rally waive any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing, and signed by the party waiving such conditions or obligations. 33. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shalt control all printed provisions or this Conlrnct in conflict with the same. 34. RADON GAS: Pursuant to Section 404.056 (6), Florida Statutes (2000), the following disclosure is MIMIC: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who arc exposed to it over time: Levels of radon that exceed Federal and State guidelines have been found in buildings in Floridu. Additional information regarding radon and radon testing may be obtained froth your County public health unit. 35. ARM'S LENGTII TRANSACTION: Nothing contained in this Contractor the activities con Iempintrd hereby shall he construed to create lice relationship or principal and agent, partnership, joint venture, trust, tenants in common or any other relationship between the parties hereto other than separate and distinct persons and entities dealing at arm's length as Seller and Buyer respectively ror their own separate interests and benefits. 36, LIMITED SURVIVAL OF HEPI1ESEN'i'ATI0N5: All representations, covenants, obligations and agreements of the parties as set forth in this Contract shall survive the execution and delivery of this Contract and of any and all documents or instruments delivered in connection herewith, acid they shall survive the Closing and conveyance of title to the Real Property for it period of otly six (6) months front the Closing Date unless specifically designated to the contrary in this Contract. All such representations shall be deemed repeated on the Closing Unte. 37, PAYOFF OF EXISTING MORTGAGE: Seller discloses that the Property is presently encumbered by that certain Mortgage dated October 1, 1985 in ravor of Coconut Grove Rank, a Florida corporation, as Mortgagee, originally given by Walter A. Mobley and Mable A. Mobley, his witie, as Mortgag;ohs, recorded October 3. 1985 under Clerk's File ldo. 85R- 306076 in Official Records Book 12657, commencing at Page 2220 acid folluwitag in the Public Records orMiauhi -Dadc Comity, Florida, together with all filed or recorded UCC- I Financing Statements relating, thereto (if any there be), and as all of the same may be amended and supplemented from tints -to -time (collectively, the "Existing Mortgage "), but Seller represents to Buyer that all the Existing Mortgage will be paid in full by Seller'on or simultaneously with the closing; of this sale and purchase. ege in �� tut»l pn� a +.. ~• ".•� �., ".•. �`-._ .>,.t rr .von xtr :"ii ranrtt ay, Fc1►riieiy 3ii,"3liiil Confrnct For Sale Ami Purchme 38. F URTIIER ASSURANCES: The parties hereto will promptly execute and deliver all isustnmsrnts ;md documents and take all further action, at each party's sole expense; as each party may reasonably request from time to time front the other in order to perfect and protect the various' „agreements and understandings of the respective parties hereto as set forth in this Contract, and to furthcr,pbie,cach party to exercise and enforce llncir,respectivc rights and remedies as may be available at law or in equity to eiiforce the provisions of' this Contract sunl carry out the intent and purposes of the parties hereto. 39. CONFIDENTIAi.ITY: JiNTENTIUNALLY DELF.TED.S 40. MISCE LLANr.OUS: A. Effective Date of Contract: For purposes of detemuining the time for performance of various obligations under this Contract llte Effective Date of this Contract shall be the date when the last one of the Buyer and the Seller has signed this Contract. B. AvOicable Law /Gender: 'this Contract shall be consttued mid interpreted in accordance with the laws of the State of Florida. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine, and vice versa. C. Modification of Contract: 'Ibis Contract may not be modilicd or amended, except by an agreement in writing signed by all of cite parties hereto. The parties may waive any of the conditions contained herein or any of the, obligations of die other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving! such conditions or obligations. V. Cagl ons: The descriptive headings contained in (his Contract are inserted (or convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. P”. Waivers: The failure of any party at any time to insist upon strict performance of any condition, promise, agreement or understanding set forth herein shall not beconstrued as a waiver or relinquishment of the right to insist upon strict performance of the same condition, promise, agreement or understanding at a future rifle. Either party hereto may, at its sole option, waive any performance by the other party required under the provisions of this Contract by nn instrument in writing and delivered to the other party.. No consent or waiver, express or implied, by any party hereto m to any breach of any representation or obligatiun of the non- breaching party (or parties) shall be construed as a consent or waiver of* any other breach of the representation or obligation. I', Scvcrability: 'ilte invalidity or uncnforceability of any provision of any provisiou(s) in this Contract as determined. by a coup of competent jurisdiction over the parties and the subject matter of this Contract shall in no way affect the validity of any other provision hereof. C. Neutral Construction: The partics expre9sly understand and ,agree that, although one party may have more responsibility in preparing this Contract than the other, all parties hereto equally negotiated all of the provisions herein such that the construction and interpretation of this Contract shall, in all events and circumstances, be neutral and not construed more advantageously in favor of the party who was not tine actual - scrivener of this Contract. I1,, .Jurisdiction and Venue: 'Ilse parties acknowlcdge that [lie negotiations, anticipated perfomiance and execution of this Contract occurred in Miami -Dade County, Florida. Without limiting the jurisdiction or venue of any other federal or stale courts, each of the parties irrevocably and unconditionally: (a) a ,recs that any suit, action or legal proceeding arising out of or relating to this Contract will be brought in the courts of record of the state of Florida in Miand -Dade County; (b) consents to the jurisdiction of each such court in any suit, action or proceeding;: and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in the courts of record of the State of Florida ill Miami -Dade County. i I. Counterparts: This Contract may be executed in two (2) or more counterparts, each of which shall be deeded an original, but all of which together shall constitute one and the same Contract. ixKr u fxf puj;rs " " ""- l.axt ry sirniltnle: ei ncs+ffny, a +M— ryy'f?I: �i}2fT Coun•trc1 ' Foi- AS de AW ,11 urcham IN WITNESS WIiEREOF, the parties have executed this Contract as of the day of , 200 1. Witnesses: SEL1.rR:. MABLE A. MOULEY R U V Eli: SOUTH MIAMI COMMUNI'T'Y REDEVELOPMENT AGENCY, a Ay: CHARLES SCURR, Executive Director 1AFF.IX SEAL ACCEPTANCE IIV ESCROW AGENT 'Tice foregoing provisions of this Contract relating; solely to the Escrow Agent's responsibilities are agreed In and receipt of the full Contract Dcposit pursuant to this Contract are hereby acknowledged as of the day of , 2001. LAWYERS 'TITLE, INSURANCE CORPORATION Icy: C %wP 1 rW PFILFSAC(IN tPOLOr KNIOn i l35 1 r aTa-g °'� nf 12 11;1;1 pxgrs ."" ,ast Rriblon Date: � nncsUa -:v I•clrunry' IMF,15&f C'antrcrct Far &de And Purchase ANNEX-1-TO CONTRACT FOR.SALE, ANi) P1111611ASh, Y, PERMITTED TITLE EXCEPTIONS 1. Conditions, restrictions, limitations, 'casemcnts, development agreements, dedications, rights -of -way, concurrency, agreements, reservations, and waivers of plat, and any amendments thereto, and all present and future building code regulations and requirements, zoning codes and regulations, restrictions, prohibitions, ordinances. resolutions and other requirements and orders of general or property specilic applicability issued or imposed by any governmental authority, and coneurrency matters pertaining to the property being; conveyed by Seller; 2. 'faxes and assessments fin• the year iu which the Clusiug, Date occurs (prorated ur paid by Seller and Buyer as provided in the Contract), and all taxes and assessments levied or assessed subsequent to the Closing Date. 3. Conditions, restrictions, casements and dedications as shown on flat of REALTY SECURITIES CORPORATION'S TOWNSI'1 E OF i.ARKINS, according lo the. Pin( thercor, as recorded in Plat Book 2, Page 105, of the Public Records o1' IVliami -Dade County, Florida. 4. Terms and conditions of that certain Easement dater[ January 10, 1961 from 'C:R. Crockett in favor of Florida Power & Light Company, as recorded on January 13, 1961 under Clerk's mile No. 611Z -7061 in the Public Records of Miami -Dade County, Florida. 5. 'Perms and conditions of restrictive covenants set forth in: (a) Deed dated November 29, 1924 front Realty Securities Corporation to Saltie F. Savage, as recorded in Deed Book. 465, Page 274; and (b) Deed dated October 27, 1924 from Realty Securities Corporation to I.J. ' Savage, as recorded in Deed Book 455, Page 73, all in the Public [records of Miami -Dade County, Florida; 6. Encroachments, overlaps, boundary line disputes, and any other matters which would he disclosed by an accurate survey and inspection of the Real Property including; without limitation, casements or claims of casements not shown by the public records (sul jcct to the provisions of Paragraph 10 of the Contract). 7. All matters referenced in the Contract, including without limitation Paragraphs 5, 7, 10, Subparagraph 12.1 and Paragraphs 15 and 28 tlicrein. ANNEX 1 )Sage u tole p�a�c� - -- - apt cv��iw"on tiAle is ntsiiny.7`iTiiuHr'yA:'�ir6r Permilled l isle Exceptions EXIII131'I' "A" TO CONTRAUl' FOR SALE. AND PURCHASE INVENTORY OF PERSONAL PROPERTY The description and inventory of the Personal Property also being sold with the item Property roc those items specilically itemized below as may be awned by the Seller and which are presently located in MIAMI -DADS County, Florida on the Real Property. The Billowing Personal Property is being sold in its existing "WHERE IS, AS IS" condition: SUITE A: Messanine office loft (approximately 30% of gross area) Variety of interior. partitions and finishes Central air - conditioning system Roos' mounted ventilator system Various Security grills Fluorescent lighting Single Bathroom: Sign, toilet, light, and ventilation fan SUI.1'E B: Roof mounted ventilator system Various security grills Single Bathroom: Sign, toilet, light and ventilation fan SUITE C: Rear storage loft (approximately 15% of gross area) Small partitioned office space at front door , Roof mounted ventilator system Various security grills Single Bathroom: Sign, toilet, light and ventilation fan SUITE D: Roof mounted ventilator system Various security grills Single Bathroom: Sign,.toilct, light and ventilation fan SELLER DISCLOSES THE FOLLOWING INTERIOR IMPROVEMENTS MADE 13Y THE EXISTING 'TENAN'T'S REFERENCED IN EXI11131f ►Jr TO THIS CONTRAC.f WHICH MAY BE SUBJECT TO REMOVAL BY THE 'T'ENAN'TS INSTALLING THE SAME UPON ANY VACANCY OF THE APPLICABLE SUI'T'E: SUITES A AND B (Two Little Fishes, Inc.): Additional lighting fixtures . One (1) interior wall - mounted air- conditioner. Various office and trade fixtures SUI'T'E C (Margarite Enterprises, Inc.): NONE ('T'o the best of Seller's knowledge). SUITE D (Stork Avenue, Inc.),: Officelstorage/loft with partitions One (1) interior wall - mounted air - conditioner Various office and'trade fixtures 11131'1' "A'► Page I o 1;t ev nn ete: a ner ay, a nuary A;—WT Inveninry of Personal Property EXIIU3IT "13" '1'O CONTRACT'FOR SALE AND PURCIIASE ' e Amp"NJ.ItOLL 15825 S. V. 68th Street, South Miami, 7iami -Dade County, Florida.1 SUFFE'S'A AND B. Tenant: TWO LITTLE, FISHES, INC., a Florida corporation Lease 'Perm: Month -to -month (Oral Lease) Monthly Rcnt: $1,667..16 (Gross) Rent Status: Paid through [February 28, 2001 (None prepaid.) Security Deposit: $1,000.00 Brokerage Conunissions: None. SUITE C: Tenant: MARGARI'TL+' ENTERPRISES, INC., a Florida corporation Lease Term: Month -to -month (Oral Lease) Monthly Rent: $905.25 (Gross) Rent Status: Paid through February 28, 2001 (None prepaid.) Security Dcnosit: $2,000.00 Brokerage Commissions: None. SUITE D: Tcnant: STORK AVENUE, INC., a Florida corporation Lease Term: Three (3) years commencing on July 1, 2000 (the "Lease Commencement Date"), and ending on June 30, 2003 (tire "Lease Expiration Datc ") Monthly Rent: $850.00 (Plus 25% or tax/insurance above 1999 [lase Year) Rent Status: ['aid through February 28, 2001 (None prepaid.) Security Deposit: $2,000.00 Brokerage Commissions: None. MATTERS SET FORTH IN'rim. FOREGOING RENT ROLL, BEING THE MOST' ACCURATE INFORMATION AS TO THE EXISTING TENANCIES, EXPRESSLY SUPERCEDE AND CON'T'ROL ANY CONFLICTING PROVISIONS IN TILE CONTRACT 1.0 THE FULL, EX'T'ENT OF ANY SUCH CONFLICT, INCLUDING, WITHOUT LIMITATION, `I•IIE SELLER REPRESENTA'T'IONS IN SUBPARAGRAPH 12 (I), AND PARAGRAPI1 15 OF THE CON'TRAC'T. NOTWITHSTANDING THE FOREGOING: CAVEAT, ALL DISCLOSURES AND O'1't'IER CONTRACT PROVISIONS REGARDING: THE STORK AVENUE LEAST: SHALL REMAIN UNCHANGED BY ANY C,ONF[.wr IN 'PHIS EXHIBIT. EXHIBIT "B" -fie I of tot- p-gea iast iFeils oti )Y plc: �S'ci�lnc"`wlsi a� y, 7 ci�a"' r}��'..li�f1 Reim Roll a f '!'enurrt c SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec Director REQUEST Date: February 6, 2001 Subject: Meeting 03/05/01 Lease- Purchase Agreement Municipal Services Group, Inca For TranShuttle Vehicle A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE- PURCHASE AGREEMENT WITH .MUNICIPAL SERVICES GROUP, INC. FOR THE PURCHASE OF A BLUE BIRD ",TRANSHUTTLE BUS FROM FLORIDA. TRANSPORTATION SYSTEMS, INC. BACKGROUND & ANALYSIS On July 19, 2000, the SMCRA Board authorized staff to terminate the lease agreement with HealthTrans USA for the operation of the South Miami Trolley. Although there was, and remains, a legitimate need for transportation services in the Redevelopment Area and the South Miami Community Redevelopment Plan identifies the need for transportation improvements and alternatives, including "trolley" services, in the Redevelopment: Area, the South Miami Trolley did not perform at an acceptable level. After more than a year of service, the Trolley was unable to build any significant level of ridership; often running for hours without riders. The South Miami.Trolley was unable to build significant ridership for a number of reasons, including: • The size of the route • The trolley ran a large fixed route, which allowed a potential rider to walk to the desired destination rather than ride, thereby failing to produce a benefit. • Insufficient Marketing/Public Outreach • The public was not sufficiently made aware of the trolley. • The schedule of the trolley was a mystery and constantly changing. • Demand /Service Inequity • Parking and traffic overflow never materialized at the Shops at Sunset Place or in the downtown to the extent that the parking inventory was overwhelmed or that significant numbers of people parked on the west side of US 1. Thus, although such "park and ride" services were and should be a critical component of a downtown circulator such as the South Miami Trolley, the Trolley was providing services, at a high cost, when services were not required. However, a large ridership could be developed for a "trolley ", which had a more appropriate scope of services. The SMCRA and City, through interaction with the public, identified the need for elderly, senior center, local school, recreation, limited park- and -ride and special event transportation services, as identified in Attachment A. In evaluating the most cost efficient` manner in which to provide this scope of services, staff determined the following: • A straight lease was undesirable because of the lack of equity; • SMCRA/City operation of the vehicle would allow for savings and more appropriate and successful use; • Parks &. Recreation should operate the vehicle; and • Public Works should maintain the vehicle. • The expense, limited functionality and cost of maintenance of a traditional trolley, similar in design to the South Miami Trolley, made such a vehicle an undesirable choice to provide services; and • There were two appropriate vehicle choices: the cutaway shuttle and the TranShuttle. SMCRA and City staff completed a comprehensive analysis of the cutaway shuttle and the TranShuttle, which included contacting large transportation: providers such as the Miami -Dade Transit Authority: The analysis identified the TranShuttle as the superior vehicle. The attached resolution authorizes the Executive Director to execute a lease- purchase agreement with the Municipal Services Group for the purchase of the TranShuttle from Florida Transportation Systems, Inc. pursuant to a state contract. Several financing options were explored in order to identify the most favorable terms with which to purchase the subject. vehicle. Financing proposals, which included lease purchase and conventional financing, were received from Blue Bird Leasing, Municipal Services Group and local lenders.. The Municipal Services Group, Inc. proposed financing at the lowest annual percentage rate and total cost. Per the proposed lease - purchase agreement, the SMCRA would make a down payment. of approximately $48,000 upon receipt of the vehicle. The down payment would be followed by five annual payments of approximately $14,000 with the first payment due on January 1, 2002. The down payment is available in the "Trolley Fund," as $57,500 remains from the funding of the South Miami Trolley. Approval of the attached resolution would allow the SMCRA to partner with the City to provide much needed transportation � services to the citizens of the Redevelopment Area, as called for by the Redevelopment. Plan, in a cost efficient manner.' RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RRESOLUTION' OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH. MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE - PURCHASE AGREEMENT WITH MUNICIPAL SERVICES GROUP, INC. FOR THE PURCHASE OF A BLUE BIRD "TRANSHUTTLE" BUS FROM FLORIDA TRANSPORTATION SYSTEMS, INC. WHEREAS, the South Miami. Community Redevelopment Agency (SMCRA) desires to effect comprehensive community revitalization through the implementation of the South Miami Community Redevelopment Plan; and WHEREAS, the South Miami Community .Redevelopment Plan includes transportation improvements and alternatives programs which call forlhe provision of "trolley" services; and . WHEREAS, the SMCRA has identified the TranShuttle as the most appropriate. vehicle to provide trolley services to the Redevelopment Area; and WHEREAS, the Municipal. Services Group, Inc. desires to provide lease - purchase financing to the SMCRA for the TranShuttle with terms that the SMCRA finds agreeable. NOW, THEREFORE, BE IT RESOLVED BY CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director is authorized to execute a lease - purchase agreement with Municipal Services Group, Inc. for purchase of a Blue Bird "TranShuttle" Bus from Florida Transportation Services, Inc. per an agreement substantially in the form of Exhibit 111.11 Section 2' That this resolution shall be effective upon adoption. PASSED and ADOPTED by a vote of the Board of Commissioners this day of , 2001. CHAIRPERSON ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL rt -J -0 D 3 n 'B ° 00 o v, P •� -3 O rt -J -0 D 3 n 'B ° '8 o v, :E: •� -3 O -s LO J. -�. s rD C) w Z rD s w n O rD w rt Z O Z n -% M Pi < = a l< O -O rD X- LA < rt In J J. n J. C (D rD ..J. 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O C O o m (� o D m . °* m fl Q. o° a k a m S o S N (D O CD O C7 Z 'Q O a CD O v M M 60 0) m CD --i (A m(D n cn n ga- cn O N O 0�4 CD O .0 0 $91 wo a cn < Oa (n ---1 3 �° - H .Si o o ° zs 3o ° UQ o C N (D W O �'' Q % CD r CD 3 7 N N= m In N r+ 00 3 = CD � O- '00 O C L = w m Z m W 6) CD Cp .a O = �. `. O CL ° o 3 0(D o a4 m oa m c a 3° 3 to S� ? Z Ul m a .. _ -. ° cn °= O � C a < a CD OW � O 2 0 cn 'o � e cn C1 CD CD � � H = r n o o ° 6 m o as °' o o 3 3 S A Z. y io 3 tfet o< a o o° O C<D C py �7 m M m s ° °+' o _ m m tp ®. R1 Q CD 3 o °o = Cl) CD cD < < o = w ° m CD w m m o n °o ® M CD CL z -V m0 3 ti cDD 0 j cn O CD p W Q 3 m CD .� O m (D D cn v a CD o 3 v— v a < m Cn m tm �► ° M < CD ° CD o a m (r° m m y a n < 0 w v r. a r« ° a ® Ro S i FL ORIvA TRA/VSRORTA T /ON SYSTEMS, INC. ? $y.-: rf: cfn. .»:oYr+fsl':4m+os'LvY'C+a +' "` ::i S3C7L 7703 1NOUSTRIAL LANE - TAMPA, FL ORIDA 33637-6775 16131 980- 0174 - FAX 1613/ 9,65-767W FL TOLL FREE /BOO/ 282-6617 January 10, 2001 Mr. Greg Oravec Director Community Redevelopment City of South Miami 6130 Sunset Drive South Miami,,Florida 33143 Mr. Oravec, Following you will see pricing for purchase of a Blue Bird "TranShuttle" bus utilizing' the. FVPP Contract MD98 -02. The two page FVPP order form is followed 'by a one page addendum showing equipment deletions and additions you have chosen to meet the specific needs of the City. Finally, you see the floor plan,for the proposed.bus. Should the City want to proceed with this purchase, a purchase order should be submitted to my attention with a copy of these pages. I will advise the F.D.O.T. of this purchase and place the order with Blue Bird. Please call me with any questions. I appreciate your consideration of Blue Bird buses and our company. Cordially, cw�L, Ross Rayner Sales Representative BLUE BIRD SCHOOL & COMMERCIAL BUSES AND OTHER QUALITY TRANSPORTATION. PRODUCTS 8412612�]8�7 15:44 813 -974 -5168 CUTR,USF PAGE 05 FVPP ORDER,FOFLM NW98 -02 25' Demaud Response Type - Ten Year Medium, Duty Buses AGENCY NAME; City of south Mini_ DATE: PO: CONTACT PERSON; Greg Oravec PHONE: (305) 663 -6318 REVISED. noril2D.:000 Item Cost . Quantity Total Cost Base Vehicle $ 80,923.00 1 80,923.00 Standard Seat 154.00 24 3,696.00 Flip -type Scat 197.00 Fold -away Seat 235.00 .2 470.00 , Children Seat 154.00 Wheelchair Securement Station (Q- Straint QRT) 623.00 2 ' 1,246.00 Paint Scheme 1 871.00 Paint Scheme 2 2,500.00 Paint Scheme 3 1,500.00 Passenger stop request sign 450.00 Hendrickson full air ride suspension 3,500.00 Hendrickson full air ride suspension with kneeling feature 4,300.00 Braun UVL 1VIodel.850 lift (in lieu of standard Braun 900 series lift) 4,400.00 Anti -lock air brakes 4,500.00 1 4,500.00 Brake retarder 4,500.00 Spare tire and painted steel wheel 490.00 1 490.00 Provision for two - way -radio 200.00 1 200.00 PA system 550.00 Voice activated hands free microphone 195.00 TOTAL PACE 1. :191,525.00 r 04/26/2000 15:44 313 -974 -5168 CUTP. USF PAGE 06 FVPP ORDER FORM AM98 -02 25' Demand Response Type !Ten Year Medium Duty Buses Item Cost (quantity Total Cost Durk tinted transit style full sliding passenger windows 4,500.00 1 4, 500.00 Delete window surround for credit (350.00) (350.00 Stainless steel or chrome bumpers 1,250.00 ,Delete .wheelchair lift for credit (2,500.00) Deceleration light system 700.00 Help bumpers 2,500.00 Kinedyne Retractor Wheelchair Securement & Occupant Restraint System 2,800.00 TOTAL PAGE 2 5 ;:'4,150.00 GRAND TOTAL (total page X and page 2) $95,675.00 Seating Colors: Purchasers may select: (circle one) gray blue tan Flooring Colors: Purchasers may select: (circle one) gray blue tan black Paint Scheme: Agencies will select colors for the background and stripes when orders are placed.. If an agency requires a paint and lettering scheme that is NOT GENERALLY covered by one of those listed, they may make separate arrangements either with the manufacturer or a local vendor to provide these services. FLOR /DA TRANSPORTA 7/ON SYSTEMS, . INC. Addendum to FVPP Contract MD98 -02 - Equipment deletions - Credit $ Altro flooring 1,024.14 Driver foot heater 51.00 Floor line rubrail .209.00 Seat belts ($24.0 per seat) 624.00 Total deletions $1,908.14 Equipment additions - Charge -$ Seat fabric insert ($24 per seat) 648.00 Rear air suspension 1,443.00 AM /FM radio 528.50 Anti- vandal grab handle ($15.00 per seat) 390.00 Gray flooring 310.00 Acrylic barrier behind driver 210.00 Exterior vinyl for trolley appearance 8,500.00 Exterior paint for trolley appearance .1,700.00 Paint bumpers for trolley appearance 35.00 Daytime running lights 40.00 Grab handle from driver barrier 200.00 Total.additions $141004.50 Summary of pricing - FVPP Contract Order Form $95,675.00 Equipment deletions 1,908.14 Equipment additions 14,004.50 Total purchase price $107,771.36 n�OO y x 8 col (4001� g i�UL 'L'71UL':fJLtlriLiL'L^JU1'ti Jtl L3f 'J'siViN'ul.'3r'.rts1.1S'JVL.: . 1L�i:' 1F.l;l l3�r' Jis1tL'. 1t7 1a ^.iaJL'VLJ".1i.'7F�TliUli'ttt7L 1FJ1iV 3�Pt,'L'L JL'1.1T1t7L�1'f t137iJ' u1 ^.1`31:1i'.tL- L'L ^JtJLiLiJVL^� � t''.: NL'L ^.tt1'Sn1yt'Wt1UL'.tL°L� ` C Q Municipal _ Services I`, .� Group, Inc. C 5125 S. Kipling Parkway - Suite.300 ❑ Littleton, CO 80127 ❑ 1- 800 - 530 -3100 ❑ Fax 303 - 933 -9991 = � Lease Purchase Agreement. z E LESSEE: Cityof South Miami Community Redevelopment Agency - AGREEMENT #5628 - This Agreement is a binding contract between Municipal Services Group, Inc. (MSG) and the lessee (you). 1. The A- regiment. In executing this Agreement, you agree to rent the equipment described in Exhibit B the Equipment). Exhibit B also sets forth the terms of the b b g. Y g ( f Agreement, including the commencement (or "Dated ") date, which is the date when the term begins and your obligation to pay rent accrues. Rental payments should be paid to NISG as instructed, and must be paid only out of legally available funds. A portion of each rental'payment represents interest, as shown on Exhibit B, mid Exhibit B L reflects an interest rate included in the rental payments. In order to maintain that interest rate, you must comply with the tax covenants described below and file informational federal tax Form 8038 G or, if applicable, Form 8038 GC. If not, each rental payment will be increased to compensate for the loss of the tax exemption status which was t assumed in the initial interest rate. This form is included as a Supplement to the Agreement and will be filed by MSG. These are informational returns only and will not require you to pay a tax. This Agreement will automatically be renewed for each renewal term, unless it is terminated because of Section 11. 2. The Obligation to Make Payments. The initial term of the Agreement terminates on the last day of your then current fiscal year, and the term will automatically be renewed at the end of the initial term or any renewal term for an additional one year unless you fail to appropriate sufficient funds for the rental payments due in the next a occurring term. Your obligation to make rental, payments shall be absolute and unconditional in all events, except in the event of non- appropriation. You agree to do everything lawfully within your power to obtain the appropriation of funds for making rental payments under this Agreement, including, for example, providing for rental c payments in each budget submitted for approval, recommending the approval of that portion of the budget and exhausting all legal remedies available if that portion 'of the budget is not approved. If the funds sufficient to pay rent for any rental term are not appropriated, you must give MSG prompt notice, and MSG may terminate this Agreement.' Termination will be effective at the end of the last rental term for which the rent has been paid. You represent that your obligations under this Agreement will not violate any limitation on your creation of indebtedness under the laws of your state. c- 3. The Equipment. You agree and acknowledge that (i) you have selected the Equipment to be acquired by MSG and rented to you, (ii) the Equipment is, and during the r period of this Agreement shall remain, personal property, (iii) the Equipment will have a useful life. in your hands that is substantially in excess of the initial term and all c renewal terms of this Agreement, and (iv) you do not intend to sell, or otherwise dispose of, the Equipment during the term of the Agreement. You may contact the seller of c the Equipment directly, as MSG's agent, to effect the acquisition of the Equipment. When you accept the Equipment, you must deliver to MSG an Acceptance Certificate in c the form of attached Exhibit D. MSG may establish an escrow account into which it will deposit sufficient funds to acquire the Equipment. c 1 4. Title to the Equipment; Power of Attorney. During this Agreement, you will have title to the Equipment, unless you default. You agree to surrender possession of any r c title certificates into the hands of MSG to be held by MSG until such time that you exercise your rights pursuant to Section 5. If you default or non- appropriate, you agree to c transfer title and possession of the Equipment to MSG. To-facilitate this transfer, you agree to execute and deliver to MSG, when you receive the Equipment, a Power of Attorney for each title certificate. After you have paid to MSG all amounts due hereunder, MSG shall return the title certificates and Power(s) of Attorney to you. e 5. Option to Purchase at any Time. You may elect to purchase for cash all (and only all) of the Equipment at any time by paying the applicable purchase price plus ' accrued interest, if applicable, as shown in Exhibit B. c 6. Responsibilities for. Repair and Maintenance. You agree to maintain the Equipment in good condition and make all necessary repairs and replacements at your c expense. You agree to maintain a maintenance log for the. Equipment and permit MSG to inspect the Equipment and the log(s). You must have the Equipment serviced and E repaired at your expense when servicing or repair is required within intervals not exceeding 125% of those recommended in the owner's manual(s). 'c 7. Tax Covenants. You will not make or direct any use of the proceeds of the obligation provided herein or any other funds which will cause such obligation to be an r e "arbitrage bond" within the meaning of Section 148 of the federal tax code (the "Code "), to be "federally guaranteed" within the meaning of Section 149 of the Code, or to be c a "private activity bond" within the meaning of Section 141(a) of the Code. To that end, so long as any rental payments are unpaid, you, with respect to such proceeds and S such other funds, will comply with all requirements of such Code sections and all regulations of the United States Department of the Treasury issued thereunder to the extent 9 that such requirements are, at the time, applicable and in effect. Furthermore, to the extent applicable pursuant to Section 148(f) of the Code, you covenant to complete or cause to be completed all reporting requirements and rebate all positive arbitrage to the United States of America. You covenant that the Equipment will be used only for the purpose of performing one or more of your governmental or proprietary functions, and the Equipment will not be used in a trade or business of any person or entity other E than you on a basis different from the general public. You will not use or permit the use of the Equipment by any person for a "private business use" within the meaning of Section 141(b) of the Code in such manner or to such extent as would result in the inclusion of interest received hereunder in gross income for federal income tax purposes c under Section 103 of the Code. _ The parties will cooperate in performing all acts and things legally required or desirable in order to assure that the interest component of the rental payments will not be c included in the gross income of MSG or its assigns for federal income tax purposes. R 8. Your Risk of Loss or Damage. Upon receipt of the Equipment, you agree to bear all risk of loss, damage, destruction or theft. You must maintain insurance of the types and in at least the amounts shown on Exhibit C, directing your insurance company to give MSG a certificate showing MSG as lender loss payee and an additional named c insured. If you do not maintain the required insurance, MSG may obtain it and charge you for it. You must give MSG prompt notice of (1) the loss, theft, or destruction of C any part of the Equipment, (2) any damage to the Equipment exceeding $500, or (3) any claim arising out of the ownership, maintenance, storage or use of the Equipment. c The parties will cooperate in deciding if insurance proceeds will be applied to the repair of the Equipment or to its purchase price: If MSG receives insurance proceeds y exceeding the amount of the purchase price shown on Exhibit B, plus interest, or the amount required to complete the work, MSG will forward the excess proceeds to you, c ;y C w F'1 n n"MR n .,nnn non non no nnn R1 n nn PInnn nrr"n nor nnn nnnn nnn nnnnnnnnnn nC17Pnnrjv `=4%r.- ir..il'u mr..iriiriPuiilrU- ±i�'irrfl i"tirrirl+'IJ1y'1J`if �inrdn+"tral^ ttftlilt.' ihirti�iiii- irii��:Jt3tt�r'.EiiJ'S. L-ir'Y Y^Lis' . �ylt+` 7s�t'. if3llttd`. 11Jl1iJL° il' JUtlESl Vt�inR11' tE". i' JL�l SR1L1^: iti7.^..''. itiLl is7t7LvJ1fiS171' Jl.` lE-. it; IZts. ttiL^. ISft.' LVJ` Jtt1�. �u" 11Jti11'. r' �'.l lrr tJti' mii'. 7LL�" tR91tZ• JtJr. �rSii. LsiU1�1.' L, RJL;.'. �Z' L' St'.l Utt1. �31L '7lT,i'JLPiIu't1:9'.JL'iJL "u'� 'c E 9. Indemnification. Except for the intentional or negligent acts of MSG arising out of entering into this Agreement, including any misstatement of material fact, in connection with any transfer of this Agreement, because you have selected the Equipment for your use and purposes, and because you operate and maintain the Equipment, E you agree, to the extent permitted by the laws of your state, to indemnify MSG against any and all loss, damage, injury, claims, taxes (excluding MSG's income taxes), fees, fines, penalties, and expenses (including reasonable legal fees and expenses) of every kind that relate to the use, operation; ownership, condition or maintenance of the Equipment Your obligation to indemnity MSG.will continue after termination of the Agreement as to all matters except those which arise from MSG's (or anyone MSG .c sells or re- leases the Equipment to) use, operation, ownership, condition or maintenance of the Equipment following termination. 10. Warranty. MSG MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ,E MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR USE. THIS SECTION IN NO EVENT IS INTENDED TO AFFECT THE WARRANTIES OR REPRESENTATIONS CONTAINED IN ANY CONTRACT ENTERED INTO FOR THE ACQUISITION OF THE EQUIPMENT. 11. Termination. This Agreement will terminate: (1) upon payment of all amounts due hereunder by you to MSG; (2) at the time and for the reason set forth in Section 2; (3) if you have returned the Equipment and paid all amounts due through the end of the term then in effect, including interest, (4) upon your purchase of.the Equipment under Section 5 and your payment of all amounts due, (5) at MSG's option if you default as described in Section 12, and (6) if all or any portion of the Equipment has been w lost, stolen or damaged beyond repair, upon MSG's receipt of insurance proceeds covering the purchase price of the lost, stolen or damaged Equipment. When this Agreement terminates, if you have not paid to MSG all amounts due hereunder, you must, at your expense, return the Equipment you have not purchased to MSG at the . address specified by MSG, in as'good condition as when you received it, ordinary wear excepted. You must remove all signs and markings and make all repairs (other than for ordinary wear) requested by MSG. If you do not,' MSG may do so and charge you for it. No prepaid interest will be rebated to you upon termination. r 12. Default. You will be in default if you fail to perform any agreement of yours in this Agreement or any of your representations are found to be false or misleading. If any eligible such default occurs, MSG, without notice or demand, may declare this Agreement in default and declare all amounts or actually appropriated for rental payments c under this Agreement to be immediately due and payable. Equipment must then be returned to MSG (at address specified by MSG) at your expense, and the Equipment and . all your rights therein shall be deemed surrendered to MSG. Upon declaration of default, MSG, may repossess the Equipment with or without process of law, and for the C purposes may enter. upon any of your premises or others' premises, wherever the Equipment may be found, without liability therefor. MSG may recover from you any unpaid amounts due or to become due for the rest of the rental term, together with all expenses including reasonable attorney's fees and legal expenses (to the extent permitted by law) incurred by MSG to enforce its rights. The repossession and sale of the Equipment shall not affect MSG's right to recover from you all damages which MSG has suffered because of your breach. MSG may sell or re -lease the Equipment with or without advertisement, at public or private sale or leasing, without notice to you, c free of any of your interest, without any duty to account to you for MSG's actions or inaction or for any sale or re -lease proceeds. The proceeds of any sale or re -lease will be a applied in the following order: (1) to the expenses (including reasonable attorney's fees) associated with the default, repossession and restoration of title to MSG; (2) to the c purchase price; and (3) if any proceeds remain, to you. If MSG is unable to repossess any Equipment after a default, the Equipment shall be deemed to have suffered a total loss compensable under Section 8. MSG may also enforce your performance of your covenants or recover damages for the breach of those covenants. MSG's rights and K remedies in this section are not exclusive but are cumulative and in addition to all other rights and remedies that MSG has at law or in equity. c 13. Liens. This Equipment must be kept free of all liens and encumbrances at all times. r E14. Limitation on Assignment. Assignment or sublease of this Agreement or any interest in it or the Equipment without MSG's prior written consent is prohibited. In no event may you assignor sublet this Agreement or any interest in it or the Equipment to a non - governmental entity. MSG may assign or sell its interest under this Agreement, ji in whole or in part; without your consent, but the assignment will not be effective until you have received notice disclosing the name and address of assignee. 15. Late Charges. If you do not pay rental payments due under this Agreement on their due date, you must pay a late charge of $25.00 plus an additional finance charge. S The finance charge accrues on the applicable rental payment amount at the rate equal to the lesser of (1) 12% or (2) the highest rate allowed by law. 16. Exhibits. All Exhibits and Supplements attached hereto are part of this Agreement, incorporated herein by reference, and must be executed by you. 17. Other Terms. This Agreement constitutes the entire agreement between the parties as to the subject matter it covers and may not be changed except by a written :F agreement signed by you and MSG. If any part of this Agreement is or becomes invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not c affect the other or remaining provisions hereof. This Agreement and all rights and actions arising under it shall be governed by the laws of your state. No waiver, consent, c modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change c shall be effective only in die specific instance and for the specific purpose given. This Agreement may be executed in several counterparts. All notices must be addressed to `G the parties at their addresses shown on Exhibit B, or at another address specified by either party in writing. _ E. n LESSEE: City of South Miami Community Redevelopment Agency LESSOR: Municipal Services Group, Inc. c z BY. BY: C e c Title. Title: x F C e: F Date: = en C Opinion of Lessee's Counsel to Municipal Services Group, Inc.: The foregoing Lease Purchase Agreement has been duly authorized and executed and is legal, valid and binding. G G ATTORNEY FOR LESSEE: ^ c z Signature: � Name (Please print): a c Name & Address of Firm: _ e C C tC ____ _____- _..— __-- .- .- ---.. —r... wC EXHIBIT A RESOLUTION OF GOVERNING BODY EXTRACT OF MINUTES LESSEE: City of South Miami Community Redevelopment Agency At a duly called meeting of the governing body of Lessee held on the day of , the following . resolution was introduced and adopted. RESOLVED, whereas the governing body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described in the Lease Purchase Agreement No. S628 (the "Agreement ") presented to this meeting; and WHEREAS, the governing body of Lessee has taken the necessary steps, including any legal bidding requirements, under applicable law to arrange for the acquisition of such Equipment; WHEREAS, the governing body hereby directs its legal counsel to review the Agreement and negotiate appropriate modifications to said Agreement so as to assure compliance with state law and local statutory law, prior to execution of the' Agreement by that person so 'authorized by the governing body for such purpose, BE IT RESOLVED, by the governing body of Lessee that: Finding - - Authnri7ed Offirers. The terms of said Agreement are in the best interests of Lessee for the acquisition of such Equipment, and the governing body of Lessee designates and confirms the following person to execute and deliver the Agreement and any related documents necessary to the consummation of the transactions contemplated by the Agreement. RESOLVED, the acquisition of the Equipment, under the terms and conditions provided for in the Agreement, is necessary, convenient, in the furtherance of, and will at all times be used in connection with, the Lessee's governmental and proprietary purposes and functions and are in the best interests of the Lessee, and no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than a governmental unit of the State on a basis different from the general public. RESOLVED, the Lessee certifies that it has not issued or effected the issuance of, and reasonably anticipates that it shall not issue or effect the issuance of, more than ten million dollars (S 10,000,000) of tax- exempt obligations during the :2001 'calendar year, and hereby designates the lease of the Equipment to which the Agreement pertains as a "qualified tax - exempt obligation," as defined by Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended. RESOLVED, the Lessee covenants that it will perform all acts within its power which are or may be necessary to insure the maintenance of its legal status as being a duly organized and existing entity under the laws of the State, which status is the basis for the.interest portion of the rental payments coming due under the Agreement.to at all times remain exempt from federal income taxation under the laws and regulations of the United States of America as presently enacted and construed or as hereafter amended. Signature of Party to Sign Lease Purchase Agreement and Exhibits Title Signature of Party to Sign Acceptance Certificate Title Full Force and Fffert, The undersigned further certifies that the above'resolution has not been repealed or amended and remains in full force and effect and further certifies that the above and foregoing Agreement is the same as presented at said meeting of the governing, body of Lessee. Board Secretary/Clerk E.YHWIT B TER�NIS I. The Equipment which is the subject of the Lease Purchase Agreement is: One (1) 2001 Bluebird CAFE2509 Transhuttle 2. Fixed Interest Rate: 5.47% Provided all documents have been returned in a form acceptable to MSG within thirty days of the Dated Date (the "Period "), the fixed interest rate will remain'in effect during the Period. If all documents have not been returned within the Period, MSG reserves the right to adjust and determine a new fixed interest rate. Dated Date: January 1, 2001 PMT PAYMENT PRINCIPAL INTEREST PURCHASE # DATE PAYMENT PORTION PORTION PRICE Due upon delivery 40,000.00 1 1 - Jan -02 14,039.03 10,757.03 3,282.00 49,781.70 2 1 - Jan -03 14,039.03 11,345.45 2,693.59 .38,231.76 3 1 - Jan -04 14,039.03 11,966.04 2,072.99 26,104.32 4 1 - Jan -05 14,039.03 12,620.58 1,418.45 13,370.51 5 1 - Jan -06 14,039.03 13,310.91 728.12 0.01 TOTAL 70,195.15 100,000.00 10,195.15 3. The physical address where the Equipment will be stored or housed will be: 4. Address of the Lessee, for notification purposes, is: 5. Address of Nlunicipal Services Group, Inc., for notification purposes, is: 5125 South Kipling Parkway, #300 Littleton, Colorado 80127 LESSEE: City of South Miami Commutity Redevelopment Agency By: Title: i EXHIBIT C INSURANCE COVERAGE REQUIREMENTS 1. In accordance with Section 8 of the Lease Purchase Agreement, we have instructed the insurance agent named below (please fill in name, address, contact person, telephone and facsimile numbers) to issue: a. All Risk Physical Damage Insurance on the leased Equipment (as defined in the Agreement) evidenced by a Certificate of Insurance and Long Form Lender Loss Payable Clause naming Lessor "and /or its assigns" as Lender Loss Payee. b. Public Liability Insurance evidence by a Certificate of Insurance naming "Lessor and /or its assigns" as an Additional Insured. Minimum Coverage Required: $500,000.00 per person $500,000.00 aggregate bodily injury liability $300,000.00 property damage liability OR 2. We are self-insured for all risk, physical damage, and public liability and will provide proof of such self - insurance in letter form together with a copy of the statute authorizing this form of insurance. 3. Proof of insurance coverage will be provided to MSG prior to the time that the Equipment or Unit thereof is delivered to US. LESSEE: City of South Miami Community Redevelopment Agency By: Title: . i EXHIBIT D ACCEPTANCE CERTIFICATE The undersigned, as Lessee under the Lease Purchase Agreement (the "Agreement ") numbered S628 with Municipal Services Group, Inc., - acknowledges receipt in good condition of the Equipment described in the Agreement this day of and certifies that MSG has fully and satisfactorily performed all of its covenants and obligations required under the Agreement. Lessee confirms that it will commence payments in accordance with the terms of the Agreement. The undersigned officer of the Lessee hereby reaffirms in all respects the provisions relating to arbitrage contained in the Agreement, and represents that, to the best of his or her knowledge, information and belief, the expectations therein expressed were reasonable as of the date on which they were made, and are reasonable as of this date, and that there were, and are as of this date, no facts, estimates or circumstances other than those expressed therein that would materially affect the expectations expressed therein. LESSEE: City of South Miami Community Redevelopment Agency By: Title: I' 8038-GC Information. Return for Small Tax-Exempt orm Governmental Bond Issues, Leases, and Installment Sales OMr1 No. 1545.0720 (Rev. May lead) ► Under Internal Revenue Code section 149(8) I irmrrncnt of mr. rrcasury irncrnal Revcmx: $CfVICC Caution: Use Form 8038 -G if the issue rice of the issue is 5100,000 or morn A Reporting Authority Check box if Amended Return ► ❑ t Issuer's name 2 Issuer's employer identification number City of South Miami CommUnity Redevelopment Agency 3 Numt;rr ind•strent for P.O: Mx if mad is not delivered to street address) Rnnmluute 6130 Sunset Drive a faty tnwri: or post office. state, and LIP code s Ftl!p. ^.n humhrr South Miami, FL 33143 GC' - 6 Namr acid tine of officer or legal representative whom the IRS may call for more information 7 rrlrptmne numtxx nl nlfirer rx tr!gal rrtxriertimm. Greg Oravec Director (. 305 1 663 -6318. FOM Description of Obligations (Check if reporting: a single issue ® or on a consolidated basis ❑ .) 8a Issue pried of obligation(s) (see instructions). ea • b '.Issue date (single issue) or calendar year (consolidated) (see instructions) ► ,.- .-- ...,.- 9 Amount of the reported obligation(s) on line 8ac a Used to refund prior issue(s) . . . . . . . . . . . . . . 9a ti Representing a loan from the proceeds of another tax - exempt obligation (e.g., bond bank) - 9b 10 If the issuer has designated any issue under section 265(b)(3)(13)(i)(III) (small issuer exception), chock this box . ► 11 If any obligation is in the form of,a lease.or instailrnent sale, check this box . ► 12 If the issuer has elected to pay'a penalty in lieu of arbitrage rebate.r check this box ... ► ❑ Tease Sign Here llndrr penalties of perjury. I dectare chat I nave examined this return and accompanying schedules and 51alcmrnti. and In Ihr L•rsi or my knnWedr ?,, . ann Itrlirf. 'hey ere true. correct, and complete. / I%%urr's authorized repre54ntativC Date t qir, or print name and thin, General Instructions 5rcrion references arc to the Internal ' nrvrnur. Code unless otherwise voted.: Purpose of Farm Form 8038 -GC is used by the issuers of tax- oxempr governmental obligations to' llrovidr, the. IRS with the information required by s(!etion 149(,:) and to monitor the ri,quirnments of sections 141 through 150. Who Must File Issuers of tax - exempt governmental obligations with issue prices of less than $100,000 must rile Form'8038 -GC. Is.urrs of a tax - exempt governmental obligation with an issue price of. 5100,000 or more must rile. Form 8038 -G, Information Return for Tax - Exempt: Governmental Obligations. Filing a separate return. Issuers have the option to file, a srparate Farm 8038 -GC for any tax - exempt governmental obligation with an issue price, of less than 5100,000. An issuer of a tax - exempt bond used to ' tinanct! construction expenditures must rile .a svparatr Form 8038-GC for each issue to give notice to the IRS that an election was m,,d(t to pay a penalty in licu,of arbitrage rebate. (sr(! the line. 12 instructions). .I. F Thus, an issucx may file a separate.Form 8038 -GC for each of a number of small . issues' and report the remainder of small ".issues issued during the calendar year on one consolidated Form 8038 -GC. However, a • separate Form 8038 -GC must be riled to give the IRS notice of the electinn to pay a penalty in.lieu of arbitrage rebate.." When To File . To rile a separate return, rile. Form 8038 -GC on or before the 15th day of the second calendar month after the close of the calendar quarter in which the issue is issued. To-file a consolidated return, rile Form 8038-GC on or tefcre February 15th of the calendar year following the year in which the issue is issued. Late riling, An issuer ma be granted an extension of time to rile Form 8038 -GC under Section 3 of Rev. Proc. 88.10, 1968 -1 C.S. 635, if it is determined that the failure to rile on time is not due to willful neglect. Type or print at the top of the form, "This Statement Is Submitted in Accordance with Rev. Proc. 88.10." Attach to the Form 8038 -GC'a letter briefly stating;why the form was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Oo not submit copies of any bond documents, leases, or installment sale documents. Ft tng a consolidated return.. or all tax- rxrmpt govrrnmrntaPobligaticns with Where To File Issue prices of less than S100.000 that are File Form 8038 -GC with the Internal Revenue not ri!pertrd on a separate Form 8038 -GC.' Service Center, Ogden, UT 84201. an is" ut!r must file a consolidated information return Including all such issues issued within Other Forms That May Be Required For rebating arbitrage. (cr paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate: For private activity bonds; .use Form 8038, Informatlon Rrturn for Tax - Exempt Private, Activity Bond Issues:..' Rounding to Whole Dollars You may snow the money .items on this return as whole.- dollar amounts. To do so, drop any amount less than 50 cents and increase anv amount from 50 cents through 99 cents to the nexthighrr dollar.. Definitions Obligations. This rnfers to a single tax - exempt governmental obligation if Form 8038 -GC is used for separate reporting or to multiple. tax-exempt governmental obligations if *the form is used for consolidated reporting. Tax. exempt obligation. This is a bond, installment purchase agreement. or financial. . lease, on which the interest is excluded from income, under section 103.. Tax-exempt governmental obligation. A tax - exempt obligation that is not• a private activity bond (sre below) is a tax - exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(x,). Private activity bond. This includes an obligation issurd as part of an issue in which: . • More than 107, of the proceeds arr.-to be used for any private activity business use, and tt:(, . c,dcndar year. Cat. No. 641088 rrum 8038 —GC (Rrv. 5 -am Copyright 1998 Stan Mitts Copyright 1998 Stan Mitts j Specializing in: Truck Lettering Commercial Art • Pinstriping Airbrush Murals Quality Workmanship Award- Winning Designs PO Box 405 Shop Location Spring Arbor, MI 49283 M -60 at Burr Oak (517) 750 -1177 • FAX (517) 750 -1807 Spring Arbor, MI E -mail: sandm @modempool.com Also, available... TROLLEY ILLUSIONS VINYL PACKAGES • Customized for your bus • Long -term outdoor durability For more information contact: STAN MITTS SIGNS SPRING ARBOR, MI 517- 750 -1177 by Stan Mitts III *Use weekday "trolley" buses for weddings and other special occasions 8��= Copyright 1998 Stan Mitts CD cc CC � C � W N O w W L a Ii 4 r 4 •T' f q r (Jy� pR- '0 CD d� R H• yea q pc ° CD `mod 0 ° Ym n CD pie !!^fig F+ o P, Z* PD tl� h, 0 R • MR_. t • • a • • • R aq CD BCD CD e R cL P+ 0 • L a Ii 4 r 4 •T' f q r (Jy� pR- '0 CD d� yea q pc ° CD `mod 0 ° Ym n CD pie !!^fig F+ o P, Z* PD tl� h, 0 0 � . aq CD BCD CD e V7 CD cL P+ 0 tz CD 0 K CD v CD SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER - OFFICE MEMORANDUM To: Honorable Chairperson Date: February 28, 2001. and CRA Board From: Gregory J. Oravec Subject: Meeting 03/05/01 -1.3 Director The SMCRA Foundation REQUEST A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH' MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR, THE GENERAL COUNSEL, THE SECRETARY AND THE DIRECTOR OF THE AGENCY TO ESTABLISH A NOT - FOR - PROFIT 501(c)(3) SUPPORT CORPORATION TO RECEIVE AND DISBURSE FUNDS FOR AGENCY PROJECTS; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS REGARDING THIS TAX - EXEMPT CORPORATION, ESTABLISHING A BOARD OF DIRECTORS AND OFFICERS OF THE CORPORATION AND APPROVING ARTICLES OF INCORPORATION AND. THE BY- LAWS FOR THE CORPORATION. BACKGROUND & ANALYSIS There are hundreds of grant programs designed to fund community revitalization activities exactly like those undertaken by the South Miami Community Redevelopment Agency. Unfortunately, a large portion of the grant programs only make funding available to not - for - profit corporations and do not provide for the consideration of governmental entities like the SMCRA. Therefore, with your approval, staff has been working to create a not- for -profit 501(c)3 support corporation. The corporation would serve to "support" the SMCRA by applying to previously inaccessible grant programs and disbursing any subsequent awards to fund important Agency initiatives and projects. The attached resolution would allow staff to incorporate the South Miami Community Redevelopment Agency Foundation and approve the Corporation's By -Laws. Important aspects of the Foundation's By -Laws include the following: • The Foundation is served by a Board of Directors and Officers; • The Board of Directors is composed of the current members of the SMCRA Board; and • The Officers consist of a President (Executive Director), Vice President (Director), Treasurer and Secretary (City Clerk). The creation of the proposed corporation would allow the SMCRA to access resources which were previously unavailable and to enhance the scope and caliber of its projects and initiatives. RECOMMENDATION Your approval is recommended. . RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR, THE GENERAL COUNSEL, THE SECRETARY AND THE DIRECTOR OF THE AGENCY TO ESTABLISH A . NOT-FOR-PROFIT. 501(c)(3) SUPPORT CORPORATION TO RECEIVE AND DISBURSE FUNDS FOR AGENCY PROJECTS; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS REGARDING THIS TAX- EXEMPT CORPORATION, ESTABLISHING A BOARD OF DIRECTORS AND OFFICERS OF THE CORPORATION AND APPROVING ARTICLES OF INCORPORATION AND THE BY- __.. LAWS FOR THE CORPORATION. WHEREAS, the South Miami Community Redevelopment Agency ( SMCRA) has the need to establish a supporting entity which is legally permitted to receive grants and other funding to help accomplish the goals, objectives and projects needed in the SMCRA area; and WHEREAS, the SMCRA wishes to formally authorize and approve the creation of this entity. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director, General Counsel, Secretary and Director of the South Miami Community Redevelopment Agency are authorized to establish a not - for - profit 501(c)(3) support organization for the purpose of receiving and expending grants and other funding for all SMCRA's goals, objectives and projects. Section 2. That the Articles of Incorporation and By -Laws attached as Exhibits "1" and 462," respectively, are hereby approved. Section 3.. That the Chairperson and Members of the SMCRA shall serve as the Board of Directors of the 501(c)(3) Corporation. Section 4. That the Executive Director, Director and Secretary of the SMCRA shall serve, respectively, as the President, Vice- President and Secretary- Treasurer of the 501(c)(3) Corporation. The General Counsel shall serve as Resident Agent. Section 5. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED by a vote of the Chairperson and Members of the South Miami Community Redevelopment Agency this day of 2001. ATTEST: SECRETARY' APPROVED AS TO FORM: GENERAL COUNSEL CHAIRPERSON 2 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 02 It G DRAFT :ARTICLES OF INCORPORATION The undersigned incorporator, forthe purpose of fonninga corporation under the Florida Not- For -Pmii t Corporation Act, adopts the following Articles of Incorporation: ART -10Y, 1. NAME The name of the corporation shall be: The South Miami Community Redevelopment Agency Foundation, Inc. AR'TRTE 11. PRINCIPAL OFFICE The principal place of business and mailing address of this corporation is: 6130 Sunset Drive South Miami, FL 33143 ARTICLE Ill. PURPOSE(S) The speci Eic purpose for which the corporation is organized is: As a support organization for the South Miami Community Redevelopment Agency. A11TICLE IV. MANNER OF ELECTION OF DIRECTORS Hie manner in which the directors are elected or appointed is set forth in the By Laws. A1tTI('[.E V. INITIAL REGIS FRED AGENT AND STREET ADDRESS John C. Dcllagloria ? Datran Center, Suite 1701 1) 130 South Dadeland Blvd. Miami, FL. 33156 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 03 ARTTCLIE VI. INCORPORATOR The name and address of the Incorporator to these Articles of Incorporation: Greg Oravec Director. South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, FL 33143 ARTICLE Vii. CHARITABLE ORCANiZATIONS-PROVISIONS Notwithstanding any powers granted to the Corporation•by its Articles, By Laws or by the laws of the State of Florida, the following limitations of power shall apply: a. The Corporation is organized exclusively for charitable, religious, educational and scieuti fie purposes, including the making of distributions to organizations that qualify as exempt organizations under Section.501(c)(3) oftheinternalRevenue Code of 1986, as amended, or corresponding section of any future federal tax code (Code]. b. No part of the net earnings ofthe Corporation shall inure to the benefit ot, or be distributable to its members, trustees, officers, or otherprivatepersons , except that the Corporation shall be authorized and empowered to pay.reasonable compensation for the services rendered and to make payments and distributions in furtherance ofpurposes set forth in the purpose clause above. No substaiWal part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the:publishing or distribution of statements) any political campaign onbehalfofany candidate forpublic office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (i) by an-organization exempt from federal income tax under Section 501(c)(3) ofthe Code, or (ii)by an organization contributions to which are deductible under Section 170(c)(2) of the Code. c. Upon dissolution of the Corporation, assets shall be distributed for one or more exempt purposes within themeaam—g ofSection 501(c)(3) ofthe Code, or shall be distributed to the federal government, or a state or local government, for public purpose. Any such assets n of so disposed of shall be disposed ofbythe court having jurisdiction over the Corporation, exclusively for such purposes or to such organization or organizations, as the court shall determine, which are organized and operated exclusively for such purposes. -2- '02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 04 Signature/Incorporator DRAFT Date Having been named as registered agent and to accept service ofprocess for the above stated corporation at the place designated in this certificate, I accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance ofmyduties,. and.Iam familiar with and accept the obligations ofmyposition as registered agent. DRAFT, Signature/Registered Agent Date -3- 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 05 < < DRAFT o2 -eZf- 61 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOUNDATION, INC. BY-LAWS ARTICLE I Section 1.1 Adoption of By -Laws; These By -laws were initially adopted by the Board of Directors on Section 1.2 purposes. This Corporation will have the purposes stated in its Articles oflncorporation, as they now exist or are hereafter amended. ARTICLE 2 NOT FOR- PROFIT Section 2.1 No Members. The.Corporation shall not have members and shall not issue membership certificates. Section 2.2 No Stock. The Corporation shall not issue shares of stock. Section 2.3 Nonprofit Operations.. The Corporation is a Florida not - for -profit corporation.: No, dividend will be paid, and no part of the income or assets of this Corporation.will ba distributed; to its Directors or Officers. Section 2.4 No Loans to Directors or Officers. This Corporation will loan no money to any of its Directors or Officers. 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 06 Section 2.5 No Vested Rights. No Director or Officer ofthis Corporationhas anyvestedright, interest, orprivilege of, in, orto therights, property, assets, functions, or affairs of the Corporation. ARTICLE 3 BOARD OF RYRECTORS Section 3.1 Membership, The Board of Directors shall be composed ofnot less than seven (7) individuals who shall be the then current members of the South Miami Community Redevelopment Agency. Section 3.2 Duties. The business and affairs ofthis Corporation andthe generalpolicies to be followedby the Corporation shall be the responsibility of the Board of Directors. , Section 3.3 Term of Office. The Board ofDirectors members shall be installed .at the frst annual meeting and shall hold office for aten -n coincident to their term on the South Miami at Redevelopment Agency. Section 3.4 Meetings. 3.4.1 The annual meeting will be held once each year in October at 61310 Sunset Drive, South Miami, Florida. 3.4.2 A regular meeting shall be held at least once per yearwhich maybe in conjunction with the annual meeting. 3.4.3 Special meetings shall be held at the call of the Chairperson orbya request offour (4) of the members of the Board of .Directors. Section 3.5 Notices. 3.5.1 Written Notices ofanyannualineeting shall be provided toallmembersoftheBoardof Directors and at least seven (7) days prior. to such meeting to the public by notice in a newspaper of general circulation in the municipality of South Miami, Florida. -2- 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 07 3.5.2 WrittenNotices ofanyregularmeeting or special meeting shall beprovided to allmernbers of the Board of Directors and at least three (3) days prior to such meeting to the public. Section 3.6 Quorum. Four (4) Directors shall constitute a quorum of the Board of Directors. Section 3.7 Voting. Everymember ofthe Board ofDirectors in good standing shall have the right and be entitled to one vote, in person, upon every proposal properly submitted to vote at any meeting of the Board of Directors. Section 3.8 Compensation. ]:embers of the Board of Directors shall not receive any compensation for services. ARTICLE 4 OFMCERS Section 4.1 Officers. The officers ofthe Corporation shall consist of a President, a Vice President, a Treasurer and a Secretary, and such other officers as the Board ofDirectors may f&omtime to dine deem necessary. A person may hold more than one office. Section 4.2 Duties. President: The President shall preside at all meetings ofthe Board ofDirectors. The President shall have all general powers and duties which are generally,.vested in the office ofthe president, including the power to make appointment to all committees from time to time as in his or her discretion may be deemed appropriate to assist in the conduct of the affairs of the:committee. Vice - President: If the Board ofDirectors elects a Vice- President, he..or she shall be the second offiiicer in the chain of command, and shall accept and perform the duties and exercise the power ofthe President in his /her absence. -3- 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 08 Secretary: The Secretary is the third officer in the'chainofcommand. In the absence ofthepresident and "Vice President, he/she shall accept and peirform the duties and exercise the power of the President. The Secretary shall ensure that all minutes and records are properly kept and are available for corporate purposes. Treasurer: The Treasurer is the fourth officer inthe chain of comt6nd. In the absence of the President, Vice President and the Secretaryhe /she shall accept and perform the duties and exercise the power of the President. The Treasurer shall be responsible for all reports pertaining to the fiscal affairs of the Corporation and shall be custodian of all funds that th6 Corporation might receive. Section 4.3 Compensation. No compensation for the officers of the Corporation shall be permitted. ARTICLE 5 FINANCIAL AFFAIRS Section 5.1 Audit and Bookkeeping. • i All books and records ofthe Corporation, acid all funds thereof, shall be audited as maybe required from time to time by applicable law. Section 5.2 Fiscal Year. The fiscal year of the Corporation shall begin on October 15' of each year. ARTICLE 6 RULES OF ORDER "Roberts Rule ofOrder," as revised, shall be theparliamentaryauthority for all matters ofprocedure not specifically covered by these By-Laws. -4- 02/28/2001 11:43 8957029 NOMIAMICITYATTY PAGE 09 ARTICLE 7 AMENDMENTS These By -haws maybe amended, revised, repeaIed, or rescinded by a majority vote of the Board of Directors at any meeting of the Board of ]directors. ARTICLE 8 CORPORATE SEAL The Corporate Seat shall bear the words "South Miami CommunityRedevelopment Agency Foundation, Inc." which shall be betweentwo concentric circles, and onthe inside ofthe in encircle shall be the words Florida," "CORPORA,TZONNOTFORPROFTI" andfhe figures "2001," an impression of such seal appearing below. DRAFT