06-07-05 Item 9I
PASSED AND ADOPTED this
day of June, 2005.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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l" Reading
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2nd Reading
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COMMISSION VOTE:
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READ AND APPROVED AS TO FORM:
Mayor Russell:
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Vice Mayor Palmer:
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Commissioner Eirts- Cooper;
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CITY ATTORNEY
Commissioner Sherar:
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Commissioner Wiscombe:
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20 C:\My DocumentskWord Documents \ordinanceYMCAPurchase,doc
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To subscegbe
Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326.
ALL Interested invited
e e . e
to�The
Herald
City Clerk
cz11
ter
7�
1714 SW 57 Avenue, Miami, FL 33155
appeal any decision made by this Board, Agency or Commission with respect to any matter
considered at Its meeting or hearing, he or Will need a record of the proceedings, and that for
Tel: (786) 388 -9898 Toll Free 1- 866 -388 -8854 Fak: (786) 388 -9811
such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made
Email: dreammakersmori CjObellsoutil.net
which record Includes the testimony and evidence upon which the appeal is to be based.
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.111111111C.. SPECIAL - ITH MIGHT FREE .
MINAIN, MEN 161A, DUMP, 1011121 PRIPARAIRM-1,90.9115
June 05, 12, 19 and 28 Departures Miami Air 605 -7a.m. - 9:25 a.m.
Miami Air 606 -11 a.m. -1:25 p.m.
PART, +,
��L�C�SS ®��ZS CHILDREN STAY FREE 11i!�,M.V)
iTropical Princess * * **
SHIUBLIK DOUBLE TREPL6 Jan �6RRRL® 12.261
ROH $829 $625 $589 $589 $359
*C'aribe Club Priestess. *sr * *avP,
' S16@IRL6 21 ®eR ® &�ffi TPRP@.R6 ,OP9F@ ®.. CRRLD 12.121
ROH $859 $655. $625 $615 $359
tPunta Cana Princess * * **
81MIELM RB ®2r ®LR. TREE-166 C C2IE16IID 12.121
LJRSUITE $919 $719 $685 $669 $359
am(nlcan Departure Taxes DT Included:
surance available and higghhllg recomended. Subject m avaliabaitg• Prices subject to change.
sue° :�4 Isl it aEmwd
COURTESY TIC
CITY F SOUTH I I, FLORIDA
On Tuesday, June 7 2005, beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the
following Items:
AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY
LOCATED AT,4300 SW 58TH AVENUE CONSISTING OF A RECREATION
CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS,
A RACQUETBALL COURT, SWIMMING POOL, AND 'APPROXIMATELY 7
ACRES OF OPEN FIELD SPACE, WITH DEPT SERVICE CHARGED TO THE
NON- DEPARTMENTAL DEBT SERVICE —YMCA ACCOUNT CODE
001.2100.519.9927, AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE
PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
PROPERTY
AN. ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY
AND THE YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58TH AVENUE.
AN ORDINANCE Al IENDING THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE.& TRASH), SECTION
11 -21 (8) ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION -
DOMESTIC TRAH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND
YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY-
FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY
AN`ORDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
PLANNING BOARD MEMBERS.
AN ORDINANCE AMENDING: THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 12 -05 -1834 WHICH .APPROVED THE
DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED
USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640
SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE
AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A
SPECIFIC AMOUNT OF PARR AND OPEN SPACE CONCURRENCY PAYMENT
TO THE CITY AND AMENDING THE DATE FOR PAYMENT,
AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 05 -05 -1827 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT' PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. 'A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE FOR
PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT.
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301
SW 57th COURT.
CANC. N 3 NIGHTS
HOTEL MIRAMAR- MISSION. B&B .................................................... ' $165. P/P
HOTEL PRESIDENTE INTERCONTINENTAL B &B 1...: ................$230. P/P
PUNTA CANA 3 NIGHTS
HOTEL OCEAN BAVARO SPA ALL INCLUSIVE .......... .... ' ...$265. P/P
HOTEL BARCELO BAVARO CARISE ALL INCLUSIVE . ...$325. P/P
SAN JOSE COSTA RICA 3 NIGHTS
ORAN HOTEL COSTA RICA B &B .............................................. .:...$140. P/P
HOTEL QUALITY COLON Be B ........................................................ .$152. P/P
EUROPE
MADRID 6 NIGHTS HOTEL REGINA S &B ......... .......$575. P/P
PARIS 6 NIGHTS HOTEL ROYAL OPERA B &B ..... .......$656. P/P
LONDON 6 NIGHTS HOTEL AMBASSADOR B & B $655. P/P
BASIC ITALY ROME- FLORENCE — VENICE 7 DAY'..... ...$745. P/P
CLASSIC GREECE ATHENS - OLYMPUS - DELPHI- METEORA- 7 DAY ...$986. P/P
IMPERIAL CITYS BERLIN- PRAGUE - BUDAPEST- VIENNA 9 DAYS .........$995. P/P
PACKAGE INCLUDES :AIRPORT- HOTEL•TRANSFERS,HOTEL BREAKFAST ACOMMODATION AND TAX
PACKAGES DO NOT INCLUDE AIRFARE AND DEPARTURE TAXES.
CALL US FOR OUR LOWEST AIRFARE SPECIALS. ALL PRICES ARE PER PERSON AND BASED ON 2 -
I uu ,/a Tor
Investment
Prnnerties
I I PINECREST
'i tom,
Pinecrest Garden:
get a new restauran'
area and concert
amphitheater as
proponents push to
upgrade the former
Jungle facility and n
the town center.
BY YUDY PINEIRO
ypineiro @herald.com
The. Pinecrest
Council is looking 1
ways to spruce up P'
Gardens with hopes of
the former bird parae
the community's focal
The village is asl
Pinecrest Gardens Foi
to pitch ideas to ma
happen.
The foundation, a 1
15 community leade
formed- last year t
money for the'park. lV
met for the first tin
weeks ago.
"We talked about
money as. an indel
foundation to assist th
of Pinecrest in any h
ment and changes thr
be made in order to
the park into more of
munity gathering pla(
Bruce Toland, a fou
member.
Some ideas in
tossed around include)
a restaurant, jogging p
nic area and a concei
theater at the 22 -ac
former home to Parro
at 11000 Red Rd. .
"We thought we'd
group in place and get
make recommendat
us, said Mayor Gary P
Matzner, who help
$4 million for the vi
buy the parkin 2002,
will work closely v
foundation to raise ml
the projects and park
Matzner recently d
with the park's entrant
a controversial issue
some residents who
feel they should pay t(
public park.
. Before Matzner c
board in November,
lage built a water'pla;
for kids and a butterfl,
m the park. _
Also approved but
permits: a two - story,
1
-TURN TO GARDENS, 27
Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326.
ALL Interested invited
e e . e
parties are to attend and will be heard. Maria M. Menendez -
City Clerk
DREAM MAKERS MORTGAGE CORP.
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a person decides to
1714 SW 57 Avenue, Miami, FL 33155
appeal any decision made by this Board, Agency or Commission with respect to any matter
considered at Its meeting or hearing, he or Will need a record of the proceedings, and that for
Tel: (786) 388 -9898 Toll Free 1- 866 -388 -8854 Fak: (786) 388 -9811
such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made
Email: dreammakersmori CjObellsoutil.net
which record Includes the testimony and evidence upon which the appeal is to be based.
Interest rate and terms are, subject to change only for real estate transactions.
I I PINECREST
'i tom,
Pinecrest Garden:
get a new restauran'
area and concert
amphitheater as
proponents push to
upgrade the former
Jungle facility and n
the town center.
BY YUDY PINEIRO
ypineiro @herald.com
The. Pinecrest
Council is looking 1
ways to spruce up P'
Gardens with hopes of
the former bird parae
the community's focal
The village is asl
Pinecrest Gardens Foi
to pitch ideas to ma
happen.
The foundation, a 1
15 community leade
formed- last year t
money for the'park. lV
met for the first tin
weeks ago.
"We talked about
money as. an indel
foundation to assist th
of Pinecrest in any h
ment and changes thr
be made in order to
the park into more of
munity gathering pla(
Bruce Toland, a fou
member.
Some ideas in
tossed around include)
a restaurant, jogging p
nic area and a concei
theater at the 22 -ac
former home to Parro
at 11000 Red Rd. .
"We thought we'd
group in place and get
make recommendat
us, said Mayor Gary P
Matzner, who help
$4 million for the vi
buy the parkin 2002,
will work closely v
foundation to raise ml
the projects and park
Matzner recently d
with the park's entrant
a controversial issue
some residents who
feel they should pay t(
public park.
. Before Matzner c
board in November,
lage built a water'pla;
for kids and a butterfl,
m the park. _
Also approved but
permits: a two - story,
1
-TURN TO GARDENS, 27
AGREEMENT OF SALE AND PURCHASE
BY AND BETWEEN
THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER
MIAMI,
( "SELLER ")
AND
THE CITY OF SOUTH MIAMI.,
a Municipality of Miami -Dade Florida
( "PURCHASER ")
MayJune , 2005
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AGREEMENT OF SALE AND PURCHASE
THIS AGREEMENT OF SALE AND PURCHASE (the "Agreement ") is made and entered
into by and between THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI,
a Florida non - profit corporation (hereinafter referred to as "Seller "), and THE CITY OF SOUTH
MIAMI, a municipality of Miami -Dade Florida (hereinafter referred to as the "City' or
"Purchaser "). Seller and Purchaser are sometimes collectively referred to -herein as the "Parties" and
each of the Parties is sometimes singularly referred to herein as a"
art
WHEREAS, Seller is the owner of certain real propert
at, 4300 SW 58th Avenue Miami, Florida 33155 consisting of a
office building containing square feet, respectively,
that include but are not limited to the basketball courts, rac
approximately acres of open -field space as legally describe
made a part hereof for all purposes by this reference (the "Prope
As used herein
meanings indicated:
"Bill of Sale"
sufficient to transfer to
"Business Day(s)"
"Claim" means ai
claim, including, without
person or persons.
ARTICLE I
DEFINITIONS
Exhibits attached
mprovements thereon located
Eon center and administrative
or less, recreational structures
l 11court, swimming pool, and
chibit "A" attached hereto and
lase the Property, and
Purchaser shall lease to
0.00, the mutual covenants and
ation, the receipt and sufficiency
following terms shall have the
a bill Vr bills of sale in the form attached as Exhibit B hereto, and
.ser all f the items set forth therein.
days other than Saturdays, Sundays and legal holidays.
n, liability, lien, encumbrance, loss, damage, cost, expense or
any claim for damage to property or injury to or death of any
"Closing" means the consummation of the sale and purchase of the Property, to be held at the
offices of Murai Wald Biondo Moreno & Brochin, P.A. or such other place as the Parties may
mutually agree.
"Closing Certificate" means a certificate in the form of Exhibit "C" wherein Seller shall
represent that the representations and warranties of Seller contained in this Agreement continue to
remain true and correct as of the Closing Date except with respect to those matters that may be
disclosed in writing to and accepted by Purchaser prior to the Closing Date.
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"Closing Date" means Junely — , 2005 or the earlier or later date as shall be hereafter
agreed upon by the Parties.
"Deed" means a warranty deed substantially in the form of Exhibit "D" attached hereto
executed by Seller, as grantor, in favor of Purchaser, as grantee, conveying the Property to
Purchaser, subject only to the Permitted Exceptions.
"Due Diligence Materials" means the information to
pursuant to the provisions of Section 4.1 hereof.
"Effective Date" means the later of the two dates on
the City Commission, signed and all changes initialed by Sel .
signatures below; provided that in the event only one Party
signature shall be the Effective Date.
provided by Seller to Purchaser
Agreement is approved by
haser, as indicated by their
nature. then the date of its
"Engineering Documents" means all site plans, surv`eys, soil and substrata studies,
architectural drawings, plans and specifications, engineering plans and studies, floor plans,
landscape plans, and other plans and studies that relate to the Property and are in Seller's possession
or control.
' means Murai Wald Biondo Moreno & Brochin, P.A . located at Two
, Coral Gables, FL 33134.
option Documents" means true, correct and legible copies of each document listed as an
title on;the Title Commitment.
means the abstract of title for the Property.
`Fixtures" means all permanently affixed equipment, fixtures, and other items of real and /or
personal property, ifiOuding all components thereof, now and hereafter located in, on or used in
connection with, and permanently affixed to or incorporated into the Improvements, including,
without limitation, .all electrical equipment, heating, plumbing, lighting, ventilating, refrigerating,
air - cooling and air - conditioning systems and apparatus, sprinkler systems and fire and theft
protection equipment, and similar systems, all of which, to the greatest extent permitted by law, are
hereby d, ed by the Parties hereto to constitute real estate, together with all replacements,
modifications, alterations and additions thereto.
`Hazardous Materials" means any substance, including without limitation, asbestos or any
substance containing asbestos and deemed hazardous under any Hazardous Materials Law, the group
of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive
materials, medical waste, chemicals, pollutants, effluents, contaminants, emissions or related
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materials and items included in the definition of hazardous or toxic wastes, materials or substances
under any Hazardous Materials Law.
"Hazardous Materials Law" means any law, regulation or ordinance relating to
environmental conditions, medical waste and industrial hygiene, including, without` limitation, the
Resource Conservation and Recovery Act of 1976 ( "RCRA "), the Comprehensive' Environmental
Response, Compensation and Liability Act of 1980 ( "CERCLA "), as amended by the Superfund
Amendments and Reauthorization Act of 1986 ( "SARA "), the Hazardous Materials, Transportation
Act, the Federal Water Pollution Control Act, the Clean Air Act, the Clean Water' Act, the Toxic
Substances Control Act, the Safe Drinking Water Act, and all similar federal,,.state and local
environmental statutes, ordinances and the regulations, orders, or decrees nw or hereafter
promulgated thereunder.
"YMCA" means the Young Men's Christian Association of Greater Miami,; a Florida non-
profit corporation, which is the Seller.
"Improvements" means all buildings, structures, Fixtures and other improvements of every
kind now or on the Closing Date located on the Land:, including, without limitatiori"S I landscaping,
parking lots and structures, roads, drainage recreational facilities, and all above ground and
underground utility structures, equipment systems ;that constitute Fixtures and other so- called
"infrastructure" improvements.
"Land" means the real property more p
and made a part hereof, together with all c
belonging, and and easements, rights -of -way, r
in, on, qw.,16`1'any Wl street, road or avenue, o ,
adjoinirtg�the real p'rop'erty.
described on Exhibit "A attached hereto
licenses, privileges and benefits thereto
gress or egress or other interests of Seller
)sed, in, on, across, in front of, abutting or
or "Parties" have the meanings set forth in the preamble to this Agreement.
"Permits" deans all permits, licenses, approvals, entitlements, notifications, determinations
and other: governmental and quasi - governmental authorizations including, without limitation,
certificates of occupancy, required in connection with the ownership, planning, development,
construction,, use, operation or maintenance of the Property. As used herein, "quasi - governmental"
shall incline„ the providers of all utilities services to the Property.
' "Permitted Exceptions" means those title exceptions or defects which are approved in writing
by Purchaser pursuant to Article V of this Agreement.
"Property" means, collectively, the Land and all Improvements and fixtures.
Page 4 of 26
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"Purchase Price" means an amount equal to $2,750,000.00.
"Recreational Facilities" means existing recreational structures located within, the Property
that include but are not limited to the basketball courts, racketball court, swimmoi pool, fecreation.
center and office building.
i
"Review Period" means 45 days f:rofn - the —Date4he —has the meaning assigned in Section 5.2
of this Agreement.
"Search Reports" means the initial reports of searches made of the Unifd m Commercial
Code Records of Miami -Dade County and of the office of the Secretary of State iff Florida, which
searches shall reflect that none of the Property is encumbered by liens. The Search - Reports shall be
updated, at Seller's expense, at or within one week prior to Closing.
"Survey" means the most current survey of the Property in Seller's posses
"Title Commitment" means a current commitment issued by the Title Company to the
Purchaser pursuant to the terms of which the Title'. Company shall commit to issue the Title Policy to
Purchaser in accordance with the provisions of'this Agreement, and reflecting all matters which
would be listed as exceptions to coverage on the Trtle Policy.
GREEMENTS TO SELL, PURCHASE AND LEASE
14 AGREEMENT TO SELL AND PURCHASE. On the Closing Date, Seller shall sell,
convey, assign, transfer and deliver to Purchaser and Purchaser shall purchase, acquire and accept
from Seller, the Property, for the Purchase Price and subject to the terms and conditions of this
Agreement. To the 'extent permitted or required by law, Seller shall assign to Purchaser all of
Seller's right, title and interest in and to the Permits.
2.2 AGREEMENT TO LEASE. On the Closing Date, and subject to performance by the
Parties of, the terms and provisions of this Agreement, Purchaser shall lease to Seller and Seller shall
lease from PuWhaser, a portion of the Property, as described on the Lease upon the terms and
condition9 set forth in the Lease.
ARTICLE III
PURCHASE PRICE
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3.1 PAYMENT OF PURCHASE PRICE. The Purchase Price, less the Deposit, shall be
paid by Purchaser at closing in immediately deliverable funds.
ARTICLE IV
ITEMS TO BE FURNISHED TO PURCHASER BY S
4.1 DUE DILIGENCE MATERIALS. Within 443 days after the Effective Date, Seller
shall deliver to Purchaser or make available to Purchaser at the Property for its review the following
items, if such items are in Seller's possession:
(a) True, correct, complete and legible copies of all documents. pertaining to the
Property including but not limited to Agreements, Warranties, Permits, and Engineering Documents;
(b) True, correct, complete and legible copies of the following items:
(i) all existing fire and extended coverage insurance policies and any other
insurance policies pertaining to the Property;
(ii) all instruments evidencing, governing or securing the ;payment of any
(iv) all lit- gation files, if any, with respect to any pending litigation and
claim files for any claims made p w, 'threatened, the outcome of which might have a material adverse
O
effect on the Property or the use aid operation of the Property.
9(c) the Survey and the Evidence of Title
4.2 DUE DILIGENCE REVIEW. During the Review Period Purchaser shall be entitled
to review the Due Diligence- Materials delivered or made available by Seller to Purchaser pursuant to
the provisions of Section 4.1 ,above. Purchaser and it's engineers and consultants shall be provided
with access to the Property to conduct any studies deemed necessary by the Purchaser to properly
evaluate the suitability of the Property. If Purchaser shall, for any reason in Purchaser's sole
discretion, disapprove or is dissatisfied with any aspect of the information, or the Property, then
Purchaser shall be entitled to terminate this Agreement by giving written notice thereof to Seller on
or before the expiration of the Review Period, whereupon this Agreement shall automatically be
rendered null and void. `'Purchaser shall (i) immediately pay or cause to be removed by transfer to
bond or otherwise any liens filed against the Property as a result of any actions taken above by or on
behalf of Purchaser; (ii) immediately repair and restore the Property to its condition existing
immediately prior to the conduct of Purchaser's investigations; (iii) indemnify, defend and hold
Seller harmless from and against all claims, damages or losses incurred by the Property as a direct
result of the actions taken above by the Purchaser, any of its agents, representatives or contractors,
or any persons performing due diligence studies, inspection services or other services on its behalf.
Page 6 of 26
I At the end of the Review Period Purchaser shall accept the property in "AS IS" condition unless
2 Purchaser has provided written notice setting forth the defect, deficiency or encumbrance and
3 specified a time within which Seller may remedy or cure the noticed item (before or after the
4 expiration of the Review Period). If any defect, deficiency or encumbrance, so noticed, is not
5 satisfied or resolved to the satisfaction of Purchaser, in Purchaser's sole discretion, within the time
6 period specified in the written notice, this Agreement shall automatically terminate as provided in
7 this section. Other than any obligations Seller may have in accordance with Article V herein below,
8 Seller is not obligated to cure any defect, deficiency or encumbrance dated by Purchaser and Seller
9 may elect in its sole discretion not to cure same.
10 x
11 ARTICLE V
12 TITLE AND SURVEY
13
14 5.1 TITLE COMMITMENT, EXCEPTION DOCUMENTS AND SURVEY. Within 3
15 days of the Effective Date, Seller shall deliver or cause to be deh &tired to Purchaser, the Evidence of
16 Title.
17
18 5.2 REVIEW PERIOD. The Review Period shall -dxtend for a period of 45 days
19 commencing on the Effective Date of the Agreement. During the` Review Period, Purchaser shall
20 have the right to review the EAderic,10 of Title and obtain, review and object to -a Title Commitment,
ie
21 Exception Documents, Seaich`Reportis and Survey. the Rev> -n°ri °a The results of Purchaser's
22 due diligence shall be provided in a timely fashion to the City Commission. In the event any
23 matters appear therein that are unacceptable to the City or any member of the city commission
24 Pufehas , Purchaser shall, ithm the Review Period notify Seller in writing of the fact. Upon the
25 expiration of said Review Period, Purchaser shall be deemed to ;have accepted all exceptions to the
26 title referenced in the Title. - Commitment and all matters show, ,,on the Survey except for matters
27 which are the subject of a notlf�eation made under the preceding sentence, and the accepted
28 exceptions shall be included ;in the term "Permitted Exceptions' as Wised herein; provided that in no
29 event shall any of the items "listed on Schedule B -1 of the Title Commitment constitute Permitted
30 Exceptions for the purposes"'of this article hereof. In the event that Purchaser objects to any such
31 matters within the Review Period, Seller shall have 1 -380 days from receipt of the notice within
32 which to eliminate or modify any such unacceptable exceptions or items. In the event that Seller is
33 unable or unwilling to eliminate or modify the unacceptable items to the satisfaction of Purchaser on
34 or before the expiration of said 1386 74ay period, this Agreement will be brought back to the City
35 Commission for further con8ideratio& The City Commission may either (a) waive the
36 objections and accept title to'the Property subject to the unacceptable items (which items shall then
37 be deemed to constitute part, of the Permitted Exceptions "), or (b) terminate this Agreement by
38 written notice to Seller, whereupon this Agreement shall automatically be rendered null and void,
39 and thereafter neither Party all have any further obligations or liabilities to the other hereunder.
40
41 5.3 ADDITIONAL EXCEPTIONS. In the event that at any time after the expiration of
42 the Review Period the Title Commitment or Surveyor Search Reports are modified (other than the
43 deletion or elimination of any item as to which Purchaser has made an objection), Purchaser shall
44 have 30 days to review and approve or disapprove any such modification and if such modification
45 renders title unmarketable, the Purchaser shall have the right to terminate this Agreement in the
46 event that Seller is unable or unwilling to eliminate any such matters to the satisfaction of Purchaser
47 in accordance with the provisions of Section 5.2 above.
48
49 ARTICLE VI
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REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS
6.1 REPRESENTATIONS AND WARRANTIES OF SELLER. To induce Purchaser to
enter into this Agreement and to purchase the Property, Seller represents and warrants to Purchaser,
to the best of its knowledge, as follows:
(a) Pursuant to Section 5.2 hereof, Seller has and at the Closing Seller will have,
and will convey, transfer and assign to Purchaser, good, marketable, fee simple and insurable title to
the Land, free and clear of any deeds of mortgages, liens, encumbrances, teases, tenancies, licenses,
chattel mortgages, conditional sales agreements, security rriterests covenants, conditions,
restrictions, judgments, rights -of -way, easements, encroachment and any other matters affecting
title or use of the Property, except for the Lease.
%ecuted this Agreement, and has
1, at Closing, to consummate the
zire the joinder of any person or
rchaser at Closing and to lease a
he execution by Seller of this
itemplated herein does not, and at
sions'of, or constitute a default or
ripen into a default under any
party or by which the Property or
not, constitute a violation of any
Property of any court or of any
ency or other governmental body
(e) No written notice has been received by Seller and Seller is not aware of any
person having received written notice from any insurance company that has issued a policy with
respect to any portion of the Property or from any board of fire underwriters (or other body
exercising similar functions); claiming any defects or deficiencies or requiring the performance of
any repairs, replacements, alterations or other work..
No notice of condemnation, eminent domain, assessment or similar
or charge affecting the Property or any portion thereof has been provided to Seller..
"If
ll1(g) All of the Improvements (including all utilities) have been substantially
completed" and installed and are being used in substantial accordance with all applicable Laws,
including the plans and specifications approved by the governmental authorities having jurisdiction
to the extent applicable. The Improvements, as designed and constructed, comply materially with
all statutes, restrictions, regulations and ordinances applicable thereto.
f }-) ---
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(h) To the best of Seller's knowledge there are no material structural defects in
any of the buildings or structures on the Property. All electrical, plumbing and drainage at, or
servicing, the Property and all facilities and equipment relating thereto are in reasonably good
condition and working order and adequate in quantity and quality for the normal operation of the
Property. No part of the Property has been destroyed or damaged by fire or other casualty. There are
no unsatisfied requests for repairs, restorations or alterations with regard to the Property from any
lender, insurance provider or governmental authority.
0
(i) No work has been performed or is in progress at the Property, and no
materials will have been delivered to the Property that might reasonably be expected to provide the
basis for a mechanic's, materialmen's or other lien against the Property or any portion thereof.
(kj) There will exist no m;
agreements applicable to the Property. There are
oral or written) with respect to the Property or a
than those delivered to Purchaser pursuant to Sec
(4 (k) No default or breach
the covenants, conditions, restrictions, rig
portion thereof.
(ml) There are no actions, si
affecting the Property or any portion thereof, o
federal, state, county or municipal departm(
governmental instrumentality, other than those
ial service contracts, management or other
material agreements or understandings (whether
portion thereof, to which Seller is a party, other
14.1.
r any of the Business Agreements, or any of
or easements affecting the Property or any
)ceedings pending or threatened against or
to or arising out of the ownership, or by any
fission, board, bureau or agency or other
to Purchaser pursuant to Section 4.1.
(nn) There are no attachments,°executitins, assignments for the benefit of creditors,
or voluntary or inv"auntary proceedings in„ bankruptcy or under any other debtor relief laws
contemplated by or pending or, threatened against Seller or the Property.
(en) ether than with respect to activities' in connection with or conditions arising
strictly from customary and ordinary use or maintenance of the Property by Seller in full compliance
with anypr all Hazardous Materials Law, Seller is unaware of (i) any Hazardous Materials installed,
used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of,
or otherwise on or under the Property; (ii) any activity being undertaken on the Property which could
cause (a) the Property`to become a hazardous waste treatment, storage or disposal facility within the
meaning of any Hazardous Materials Law, (b) a release or threatened release of Hazardous Materials
from theProperty within the meaning of any Hazardous Materials Law or (c) the discharge of
Hazardot Materials into any watercourse, body of surface or subsurface water or wetland, or the
discharge'nto the atmosphere of any Hazardous Materials which would require a permit under any
Hazardous Materials Law; (iii) any activity undertaken with respect to the Property which would
cause a violation or support a claim under any Hazardous Materials Law; (iv) any investigation,
admimstr ` ive order, litigation or settlement with respect to any Hazardous Materials, being
threatened; or in existence with respect to the Property; (v) any written notice being served on Seller
from any entity, governmental body or individual claiming any violation of any Hazardous Materials
Law, .or requiring compliance with any Hazardous Materials Law, or demanding payment or
contribution for the environmental damage or injury to natural resources.
Page 9 of 26
I (q (o) All documents and information delivered by Seller to Purchaser pursuant to
2 the provisions of this Agreement are materially true, correct and complete as of the date hereof and
3 will be correct and complete as of the Closing Date.
4
5 6.2 INDEMNITY OF SELLER. Subject to the provisions provided here, er limiting the
6 liability of Seller, Seller hereby agrees to indemnify and defend, at its sole cost gri
1
2 (d) Seller will pay, as and when due, all interest and principal and,, all other
3 charges payable under any indebtedness secured by the Property of Seller from the date hereof until
4 Closing and will not knowingly suffer or permit any material default or amend dt 4nodify the
5 documents evidencing or securing any such indebtedness of Seller to institution4l7lendeis without
6 the prior consent of Purchaser.
7
8 (e) Seller shall not remove any of the Seller's Personal Propert y from the Land or
9 Improvements which is necessary for the operation of the Property as it is currently being used
10 without replacing same with substantially similar items of equal or greater value.
11
12 6.4 REPRESENTATIONS, WARRANTIES AND COVENANTS Of ,,;PURCHASER.
13 Purchaser represents and warrants to Seller that:
14
15 (a) Purchaser has duly and validly authorized and executed this Agreement, and
16 has full right, power and authority to enter into this Agreement and to consunnate the actions
17 provided for herein.
35 (b) Seller,shall have delivered, performed, observed and complied in all material
36 respects with, all of the ` s, instruments, documents, covenants, agreements and conditions
37 required by this Agreement to be delivered, performed, observed and complied with by Seller prior
38 to, or as of, the Closing.
39 (c) Seller is not in receivership or dissolution proceedings or has made any
40 assignment for the benefit of creditors, or admitted in writing its inability to pay its debts as they
41 mature, or has been adjudicated as bankrupt, or has filed a petition in voluntary bankruptcy, a
42 petition or answer seeking reorganization or an arrangement with creditors under the federal
43 bankruptcy law or any other similar law or statute of the United States or any state and no such
44 petition shall have been filed against it.
Page 11 of 26
I (d) No material or substantial change shall have occurred with respect to the
2 condition of the Property subsequent to the expiration of the Review Period.
3 (e) Neither the Property nor any part thereof or interest therein shall have been
4 taken by execution or other process of law in any action prior to Closing after the expiration of the
5 Review Period.
6 (f) Purchaser shall have received, in form acc
7 compliance by the Property with all Permits or approvals required
8 may be necessary or appropriate for the operation of the Property" .
9 (g) Purchaser shall be satisfied with all
10 pursuant to Article V hereof.
11 (h) No portion of the Property shall have be
12 the expiration of the Review Period.
13 (i) No condemnation, eminent domain or
14 commenced or threatened with respect to any portion of the
15 Review Period.
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7.2 F
any one or more of the cor
the Closing, Purchaser, at
giving written notice then
obligations or liabilities h
hereunder.
8.1 SELLER'S
Purchaser, at closing the f
(a) The
executed and acknowledge
Purchaser, evidence of
Effective Date hereof as
regarding title and survey
by fire or casualty after
)ceedings shall have been
after the expiration of the
CONDITIONS TO PURCHASER'S OBLIGATIONS. In the event
ins to Purchaser's obligations are not satisfied in whole or in part as of
chaser`s option, shall be entitled to (a) terminate this Agreement by
to Seller- and neither Purchaser' nor Seller shall have any further
order;, for (b) waive the failure of condition and proceed to Closing
ARTICLE VIII
lS WITH RESPECT TO THE CLOSING
OBLIGATIONS. Seller shall furnish and deliver to the
ale, Closing Certificate, the Lease Agreement, each duly
(b) An affidavit, agreement and indemnity executed by Seller and dated as of the
Closing Date, stating that there are no unpaid debts for any work that has been done or materials
furnished to the Property or to and as of Closing and stating that Seller shall indemnify, save and
protect Purchaser and its assigns harmless from and against any and all Claims, including court costs
and reasonable attorneys' fees related thereto, arising out of, in connection with, or resulting from
the same, up to and including the Closing Date, in form and substance mutually acceptable to Seller
and Purchaser.
(c) Certificates of casualty and fire insurance for the Property as required
pursuant to the Lease showing Purchaser as additional insured and loss payee thereunder, with
appropriate provisions for prior notice to Purchaser in the event of cancellation or termination of the
policies.
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(d) The affidavits, certificates or letters of indemnity as the Title Company shall
reasonably require in order to omit from its insurance policy all exceptions for unfiled mechanic's,
materialman's or similar liens.
(e) Any and all transfer declarations or disclosure documents, duly executed by
the appropriate parties, required in connection with the Deed by any Mate, county or municipal
agency having jurisdiction over the Property or the transactions content ated hereby.
(f) The instruments or documents as are necdssary, or reasonably required by
Purchaser or the Title Company, to evidence the status and capacity of Seller and the authority of the
person or persons who are executing the various documents on behalf of Seller in connection with
the purchase and sale transaction contemplated hereby.
8.2 PURCHASER'S CLOSING OBLIGATIONS
following:
(a) Cash or certified funds in the am(
HUNDRED FIFTY THOUSAND DOLLARS ($2,750,000.00).
(b)
(c) Mun
transactions contemplated
Purchaser's part to be deliv
9.1 ADJUST
sewer charges, gas, ele
premiums on insurance
by the Parties that the S
9.2 CLOSING
insurance premiums on the
an amount not to exceed
payable in connection with
by this Agreement or any
for or in connection with tl
or contemplated by this Ag
e; duly executed and
lution(s) authorizing
to execute and deli
ARTICLE IX
EXPENSES OF CLOSIN
Purchaser shall deliver the
O MILLION SEVEN
by Purchaser.
rchaser to consummate the
the closing documents on the
There shall be no adjustment of taxes, assessments,. water or
one or other utilities, operating expenses, efnoorRent charges,
thee- noffnally pr-eFatabie ;toms' it being agreed and understood
'obligated to pay the items under the terms of the Lease.
)STS Purchaser shall pay its own attorneys' fees.. and the title
Iler's Title'Insurance Policy. Seller shall pay all all title update fees in
50 any and all state, municipal or other documentary or transfer taxes
[e delivery of any instrument or document provided in or contemplated
cement or commitment described or referred to herein, and the charges
recording and /or filing of any instrument or document provided herein
-ment or any agreement or document described or referred to herein.
ARTICLE X
DEFAULT AND REMEDIES
10.1 SELLER'S DEFAULT; PURCHASER'S REMEDIES.
(a) Seller's Default. Seller shall be deemed to be in default hereunder upon the
occurrence of any one or more of the following events: (i) any of Seller's warranties or
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representations set forth herein shall be untrue in any material aspect when made or at Closing and
Seller is unable -; or (ii) Seller shall fail in any material respect to meet, comply with, or perform any
covenant, agreement or obligation on its part required within the time limits and in the manner
required in this Agreement.
(b) Purchaser's Remedies. In the event Seller shall be deemed to be in default
hereunder Purchaser may (i) terminate this Agreement by written notice delivered to Seller on or
before the Closing and receive a return of its Deposit and an amount equal to the Deposit -; or (ii) in
the event that Seller shall willfully refuse to close the sale Purchaser shall be entitled to specific
performance of this Agreement against Seller including Purchaser's reasonable costs and attorneys
fees in connection therewith.
10.2 PURCHASER'S DEFAULT; SEL
(a) Purchaser's Default. Purc
upon the occurrence of any one or more of the fc
representations set forth herein shall be untrue it
(ii) Purchaser shall fail in any material respect
agreement or obligation on its part within the
Agreement.
Seller e
survive
shall be
1 SURVTVAL. All of the
s (but not matters or items id
Purchaser:.:cbntained in this As
Closing.
R
shall be deemed to be in default hereunder
ng events; O an of Purchaser's warranties or
material rspec when made or at Closing; or
feet, comply with, or perform any covenant,
limits and in the manner required in this
'urchaser_;shall be deemed to be in default
for the dTault, shall be entitled to terminate
.nd to rein the Deposit. The Deposit shall
being agreed between Purchaser and Seller
At of Purchaser hereunder because of the
;actual damages for the default.
esentations, warranties, covenants, agreements and
ed as conditions for parties' obligation to close) of
ent, to the extent not performed at the Closing, shall
NOTICES. All notices, requests and other communications under this Agreement
writing :arid shall be delivered in person or sent by reputable overnight delivery service,
f South Miami
Sunset Drive
. Miami, 33143
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With copy to:
City Attorney
Nagin, Gallop, Figueredo
3225 Aviation Avenue
Third Floor
Miami, FL 33149
If to Seller:
President
YMCA of Greater Miami
1200 NW 78 Avenue
Miami, Florida 33126
ONS. The captions in this Agreement are inserted for convenience of
no way define, describe, or limit the scope or intent of this Agreement or any
of the
i" 6 BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the-parties hereto and their respective heirs, executors, administrators, legal and personal
representatives, successors, and assigns.
11.7 EXTENSION OF DATES. Notwithstanding anything to the contrary contained in
this Agreement, if Seller shall fail to deliver any document or item required pursuant to any of the
terms and provisions of Article IV and /or Article V within the applicable time period required,
Purchaser, at its option, shall have the right to extend the date of expiration of the Review Period,
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and correspondingly the date of Closing, by the number of days elapsing from the date the items
were required to be delivered and the date the items were actually delivered to Purchaseq provided
that Purchaser shall give Seller notice of its intent to extend the dates. Nothing herein shall:. diminish
Seller's obligation to timely furnish the items.
11.8 TIME IS OF THE ESSENCE. With respect to all provisions of th's Agreement, time
is of the essence and shall be counted in calendar days. However, if the first dale of any period
which is set out in any provision of this Agreement falls on a day which is not a Bp ness Day, then,
in such event, the time of such period shall be extended to the next day which is a Business Day.
11.9 WAIVER OF CONDITIONS. Any Party may at any time or
waive any of the conditions to its obligations hereunder, but any such waiver
if contained in a writing signed by the Party.
11.10 BROKERS. Seller hereby repre
Agreement or the subject matter thereof with ai
legal rights in any such broker or salesman to
respect to the purchase or sale of the Prope
Purchaser harmless from any and all claims for
fees arising out of or in any way relating to a br(
11.11 RISK OF LOSS. Until the Clsir.
Property shall be solely that of Seller. Risk of to
Closing Date, at which time Seller shall deliver I P
11.12 NO ASSUMPTION OF LIA
existing liabilities, indebtedness, commitmer
fixed or contingent) of Seller in respect of the
herein.
11.13 COUNTERPARTS. This
each of which shall be deemed an origi
same instrument.
EXECUTED to be effective as of
PURCHASER:
City of South Miami
--------------- - --
Date
SELLER:
all
to Purchaser that Seller has
1 estate broker or salesman
i a real estate commission i
Seller agrees to defend, in
eal estate commissions, lea:
"f the foregoing representatic
the risk of loss of
be that of Purchaser
possession of the Pry
at its election,
effective only
discussed this
3 to create any
milar fee with
nify and hold
fees or similar
)rtion of the
and after the
Purchaser shall not assume any of the
ions of any nature whatsoever (whether
otherwise, except those expressly assumed
iy, be executed in one or more counterparts,
which together shall constitute one and the
, 2005.
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The YMCA of Greater Miami
----------------------------
Date
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EXHIBIT A
Legal Description of Land
The S 1/2 of the SW 1/4 of the NE 1/4 of the NE 1/4, less the East 25 feet, and the S 1/2 of the SE
1/4 of the NW 1/4 of the NE 1/4, in Section 24, Township 54 South, Range 40 East, lying and being
in Miami -Dade County, Florida.
Page 18 of 26
FXT4TRTT R
Bill of Sale
This instrument was prepared by:
GEORGE J. LOTT, Esquire
Dadeland Centre, Suite 1014
9155 So. Dadeland Blvd.
Miami, Florida 33156
BILL OF SALE ABSOLUTE
THIS BILL OF SALE ABSOLUTE, made this day of June 2005, by The
Young Men's Christian Association of Greater Miami, a Florida non -profit corporation, of the
City of Miami, Florida, herein called SELLER *, for and in consideration of the sum of TEN
DOLLARS ($10.00), lawful money of the United States, paid by The City of South Miami, a
municipality of Miami -Dade County, Florida, herein called BUYER *.
WITNESSETH, that the Seller has granted, bargained, sold, transferred and
delivered, and hereby grants, bargains, sells, transfers and delivers to the Buyer, the following
good and chattels:
All existing Improvements (all buildings, structures, fixtures, and other
improvements of every kind including, without limitation, all landscaping, parking
lots and structures, roads, drainage, recreational facilities, and all above ground and
underground utility structures, equipment and systems, and other "infrastructure"
improvements), and Fixtures (all permanently affixed equipment, fixtures, and other
items of real and /or personal property, including all components thereof, now and
hereafter located in, on or used in connection with, and permanently affixed to or
incorporated into the Improvements, including, without limitation, all electrical
equipment, heating, plumbing, lighting, ventilating, refrigerating, air - cooling and
air - conditioning systems and apparatus, sprinkler systems and fire and theft
protection equipment, and similar systems) located on, under or in the premises
located at: 4300 S.W. 58 Avenue, South Miami, Florida.
TO HAVE AND TO HOLD the same unto the Buyer forever.
AND Seller does covenant to and with the Buyer that Seller is the lawful owner of the
goods and chattels, that they are free from all encumbrances, that Seller has good right to sell
them, and that Seller will warrant and defend the sale of the property, goods and chattels
hereby made to the Buyer against the lawful claims and demands of all persons whomsoever.
*BUYER and SELLER are used for singular and plural, as context requires, and
includes the heirs, executors, administrators, successors and assigns of the respective parties.
IN WITNESS WHEREOF, Seller has executed these presents on the date first above
written.
Signed, sealed and delivered
in the presence of:
Young Men's Christian Association of Greater
Miami
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE
F
Aldred Sanchez,
SEAL
Page 20 of 26
THIS INSTRUMENT PREPARED BY:
Lott & Levine
9155 South Dadeland Blvd.
Suite 1014
Miami, Florida 33156
EXHIBIT C
Closing Certificate
CLOSING CERTIFICATE
THIS CLOSING CERTIFICATE is given this June _,
ASSOCIATION OF GREATER MIAMI, a Florida non -p
Miami, Florida 33126 (sometimes referred to below as "
described property to THE CITY OF SOUTH MIAMI,
(referred to as "Buyer "). For good and valuable consideratio
Property, the Seller hereby represents and agrees as follows:
PROPERTY DESCRIPTION. The word "Property" a
Property located in Miami -Dade County, State of Florida:
The
accepted
The S 1/2 of the SW 1/4 of the NE 1/4 of the
of the NW 1/4 of the NE 1/4 in Section 24,
Miami- Dade.County, Florida.
is commonly known as
Property is 09- 4024 -001
i, by THE YOUNG MEN'S CE
corporation, 1200 NW 78 Avenue,
C) in connection with its sale of
Sunset Drive, South Miami, Flor:
to induce Seller to close on its Durc
this Agreement means the
ie East 25 feet and the S 1/2
South, Range 40 East, lying
e 200,
below
33143
of the
Real
IA
in
.venue, South Miami, Florida. The tax
ATIONS )he following representations are made to Buyer, subject to disclosures made and
tyer in wf.,. prior to the closing of the - purchase of the Property by Buyer:
Property,tfter due inquiry and investigation, Seller!, -has no knowledge, or reason to believe,
re has been' any use, generation, manufacture, storage, treatment, refinement, transportation,
release, or'threatened release of any Hazardous Substance by any person on, under, or about
>erty.
ous Substances. After due inquiry and investigation, Seller has no knowledge, or reason to
that thel operty, whenever and whether owned by previous occupants, has ever contained
PCB or ether Hazardous Substances, whether used in construction or stored on the Property.
Totices. S 1Jer has received no summons, citation, directive, letter or other communication,
;n or ora�' -.from any agency or department of any county or state or the U.S. Government
;rning any,
.:° =intentional or unintentional action or omission on, under, or about the Property which
- sulted m the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of
rdous Substances into any waters or onto any lands or where damage may have resulted to the
, waters, fish, shellfish, wildlife, biota, air or other natural resources.
Agreement of Sale and Purchase. After due inquiry and investigation, Seller represents that the
representations and warranties of Seller contained in the Agreement of Sale and Purchase entered into
by and between the Seller and Buyer dated June _, 2005 for the sale and purchase of the Property by
Buyer remain true and correct.
Page 21 of 26
Definitions. The following capitalized words and terms shall have the following meanings when used in
Certificate. Words and terms used in the singular shall include the plural, and the plural shall include
singular, as the context may require.
Environmental Laws. The words "Environmental Laws" mean any and all state, feller
statutes, regulations and ordinances relating to the protection of human health or tl' er
including without limitation the Comprehensive Environmental Response, Coulpen:
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA' ), the
Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA"), the
Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Consei
Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal law
regulations adopted pursuant thereto.
Hazardous Substances. The words "Hazardous
quantity, concentration or physical, chemical or
present or potential hazard to human health or
stored, disposed of, generated, manufactured, i
"Hazardous Substances" are used in their broades
hazardous or toxic substances, materials or waste
Laws. The term "Hazardous Substances" also incl
by- products or any fraction thereof and asbestos.
This Certificate is made: (1) to induce The City of S
$2,750,000.00; and (2) to induce Attorneys' Title Insure
Owner's title insurance policy on the Property. Seller di
Buyer, title insurance company or attorney against all
including attorney's foes, resulting or arising from reliance
ro
STATE
The foregoing instru
President of The Y
identification and did
, I have affixed my hand and
THE
OF C
TER
stances" mean materials that, becai
- ctious characteristics, may cause
environment when improperly us,
,ported or otherwise handled.
se and include without limitation
defined by or listed under the EnN
without limitation, petroleum anc
i to purchase the Property for
Inc., and George J. Lott, Esq.,
agree to indemnify and hold I
nages, costs and expenses of
atements contained herein.
of June, 2005.
CHRISTIAN ASSOCIATION
AS PRESIDENT
and
and
or
>f their
pose a
words
and all
sum of
ssue an
ess the
y kind,
was acknowledged before me this day of June, 2005 by Aldred Sanchez, as
Men's Christian Association of Greater Miami, who produced the following as
an oath:
Typed/Printed Name:
Title: Notary Public, State of Florida
Page 22 of 26
EXHIBIT D
Warrant
This instrument was prepared by:
GEORGE J. LOTT, Esquire
Dadeland Centre, Suite 1014
9155 South Dadeland Blvd.
Miami, FL 33156
Property Appraisers Parcel
Identification (Folio) Number: 09- 4024 - 000 -0620
WARRANTY DEED
The': -5',1/2 of the SW 1/4 of the NE 1/4 of the NE
1/4, less the. East 25 feet, and the S 1/2 of the SE
1/4 of the NW; 1/4 of the NE 1/4, in Section 24,
Township "54 South, Range 40 East, lying and being in
Miami-Dad e!ColntV Florida.
SUBJECT TO:
Conditions, restriction, limitations, and easements of record, if any; but any such
interests that may have been terminated are not hereby reimposed; and subject to
applicable zoning ordinances, taxes and assessments for the year 2005 and subsequent
years.
Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
Page 23 of 26
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first
above written.
Signed, sealed and delivered in
the presence of:
Witness
Printed:
Witness
Printed:
STATE OF FLORIDA )
COUNTY OF MIAMI -DY
I HEREBY CERT]
acknowledgments, persona
executed the foregoing W;
same, and who
WITNESS my
day of June, 2005.
LOW
The Y
Aldred Sanchez, as
1200 NW 78 Aven
Miami, FL 33126
Suitd 200
SEAL
this day before me, an officer duly qualified to take
v, Aldred Sanchez, the person described in and who
1 --and acknowledged before me that he executed the
as identification the following:
, and he did take an oath.
official seal in the County and State last aforesaid this
Notary Public
Printed:
Page 24 of 26
EXHIBIT E
Guaranty of Performance of The Lease
Page 25 of 26
EXHIBIT F
Lease Agreement
Page 26 of 26
Jun 01 05 02:29p Lott & Levine
LOTT & LEVINE
ATTORNEYS AT LAW
Or-OROS J. LO TT
MZC$A8L D. LaviNs (ies3 -le9D)
June 1, 2005
Luis R. Figueredo, Esquire
Office of the City Attorney
City of South Miami
3225 Aviation Avenue, 'Third Floor
Miami, FL 33133
Re: City of South Miami
4300 S.W. 58 Avenue, South Miami, FL
Folio No. 09 -4024- 000 -0620 (the "Property ")
Dear Mr. Figueredo:
[305) 670 -0701 p.3
DAOELANO CENTRE, SUITE 1014
9155 SO. OADELAND BOULEVARD
MIAMI, FLORIDA 33156
TELBVMONG (305) 670 -0700
FAA (305) 670.070(
The property located 4300 S.W. 58 Avenue is owned by The Young Men's Christian
Association of Miami, Florida, pursuant to the following Deeds:
1. Warranty Deed from Giffen Industries, Inc. to Young Men's Christian Association of
Miami, recorded on December 28, 1956, in Official Records Book 4384, at Page 283,
of the Public Records of Miami -Dade County, Florida.
2. Quit Claim Decd from R.G. Lassiter and W.W. Amer, as surviving Trustees of Bull
Dog Dredging Company, to Young Men's Christian Association of Miami, Florida,
recorded in Official Records Book 18, at Page 528, of the Public Records of Miami -
Dade County, Florida.
3. Warranty Deed from Ben K. Lassiter and Dorothea Lassiter to The Young Men's
Christian Association of Miami, l- lorida, recorded on January 11, 1957, in Official
Records Book 18, at Page 531, of the Public Records of Miami -Dade County,
Florida.
Please note, however, that there is a discrepancy between the name of the Grantee as
appearing in the three above referenced Deeds ( "The Young Men's Christian Association
of Miami, Florida ") and the City's Ordinance authorizing the purchase of the Property,
which refers to "YMCA of Greater Miami ". I assume that, at some point in the past,
there was a formal name change with the Florida Secretary of State. This will need to be
verified and the appropriate documents recorded in the Public Records of Miami -Dade
County.
Jun 01 05 02:28p Lott & Levine
Other matters affecting title to the Property are as follows:
1. Mortgage /Encumbrances: None
[305) 670 -0701 p.2
2. Taxes: The parcel identification for the property is 09- 4024 - 000 -0620. No taxes for
2004 were assessed against the Property because of a fraternal organization tax
exemption. No taxes for years prior to 2004 are outstanding.
3. Other Liens: None.
4. Easements /Restrictions/Reservations:
a. Right of Way Decd to Dade County recorded in Official Records Book 3935, at
Page 239, Public Records of Miami -Dade County, Florida.
b. Reservations contained in Decd from Board of Commissioners of Everglades
Drainage District recorded in Deed Book 2566, at Page 189, Public Records of
Miami -Dade County, Florida.
This opinion is subject to the following exceptions:
1. Taxes for 2005 or special assessments which are not shown as existing liens
by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which
would be disclosed by an accurate survey and inspection of the Property.
4. Easements or claims of easements not shown by the public records_
Copies of the above referenced Decds and other instruments are enclosed. .After you
have had the opportunity to review these copies and my foregoing comments, please contact me
if you have any questions.
UJL:amj
Enclosures
cc: I` ve Boutsis, Esq.
Very truly urs,
��� .Lott
LVTT & LEVINn
3UL -22 -04 THU 03 :36 AM 1 FAX N0. 055569626 Pr 02
FAGE531
WNIaAr11T otlt0 Pea's t4
lia 44M'�.ild!If
Y.. /o�Yla'a rTalel
o(lit, 1102niu>rl'. Ata<te, thb bath • day of 3H tluary A. DI. f9 57
DEN H, LASSITER and DOROTIVIA W�ITZK, big Wife,
of (he rwmtref (1ranV1110 antlSrrrraf North Carolina,
Parr ies o/ the Frmt part, ma T1tE YOUNG MR-913 CtlriFSTIAN ASSOCY x�U
ATION OF MIA)(1, FLORIDA, a non - profit :sorporeCion,
ea:ietir.g undrr the tax., a/ A& Stator of Florida hnufng trr prinrilwt piorP Oj
ne,e in the County of Dade wlStat•1 nj Florida
110 Northeaat I'lilyd Avenue, M1am1 View! 1010 and talr:furfy nur hop lted to tranuct busineJa to the Stem! of F j k' partY of thl J Part.
WITSFSSET11., Thar the raid parriQ6 of the ftru *4 for and in rarwiikmfirra Of Me fuhl of
Tsrt and no /looths ------------------------- - - - - -- ($10,00) - ^_b0[tarr,
and other good and valuable consideration�jo --- ------- -- -- - -- -
to US in harm paid a3' the .airs l,v(y Of she scowl. pw'f. the rr"IF4 whereof it hereby aek,fa�
t..lgrd. have jranrnd, barg■in.d and sold to the amid purtr of rho Wand Pori, !'r 1-t- -arm and
arrigrr,, jari�omr. rho fnttuu,iam dsrcribed :and ,itttate, lying an t bdin6 in the Ce,urtr of
1
DaLIC, and Srate of Florid., to.aair:
The South ons -hall' (s-21) of the Southeast
one- Quartor SE},) of the t1oj- thweet one-
t quarter (NWJ or the Nort-hei,)at one -quarter
i (NF:v j or Section Twenty -four (24)}, Township
51t South, Flange 40 fast, oi'; the $ubixo
Records of Dade County, Florida.
By a:cetotin'• A&,,.ltvr;!ry of tai: '.r:c l ltv3 Ynalca,
i CitrCst tu:r /es:;ocf ,t Elan of Atu;rtE, :10:1',1, "e l�nn- :nJi'i t
GnTt)t)C::tinrt, dS SW'll pnym^nt at' M-1 :t Valorc tuxe ria:;0_; .�C
f .el:a n:;t tits uE,ove oral cv7. 0f ltln 6 for thq y
MEEMM
i, ft r � t . yo.Jr • 1,H ■ .
R ,•1� r �
�roo {'' LOliidr �.
And ehe tail parties of the Jir.t parr do hereby Jelly a imni the title to acid land, enmt 44,11 defend
? tll.• rlrm. eaninrt thr' tswfat eWMA of alt pprtona ueh0n0eWk*Y,
IN fr/17WESS WIIFREOF, the aa:d p-:'r ies nJ At. fr.r river have h:rruma arc their
A-4113 mart rata the .tor and roar show. urritren,
e�
jtval j
ISr'rll
i,
JUL -22 -04 THU 03:36 AM ' 1 FAX NO, 055669626 P. 03
1•,
i
1
STtfTY OF P1.091DA. o�ai{ 1 PArrEra
COUNTY Or
�i 31rrebly QlrMfg, Thar on ibis day penonauy app"red brIb" me, an O&W duly autharisrd
to adnrirlirirr tratht and take arknouirdRrnrnt,,
1n nee te"11 4nnun rn he chi, p.•r,on described is end rail+ ystr—d the farraalad deed. and aekrtou .
1-fr.v1 f,. jnre rn•• rttar r+rriard rhr tams /reedy Prof wluntarUy Jar the purposes therein i
r•r /ursaedc '
Ait1 3fitr1hrr Mfrlif% Thar theanid know" to me
to he the mfr of rkr raid , Ong kparatq and private
vranrinnriun raXen anxi nrade by and before mr, separairly and apart /rum her said hwDa/ttl, did atkrsmo-
Irdge that.Ahv madr lrxr.rl/ a party to said drtvl fur the pnrptm, of rmounrinh. relinquishing and can++ryiri;
all her right. title• and inrt•rr,r, wh.gher duuvr. hu +urylt.arl air of ropame properly. statutory or egnitable,
WE and ru'rhr lands d.nr'ibtvl tlraroin, and that she escri and the iaid deed (rcrly"trltuf ;1Y4nd u'itk- S
nut any riuurnbu.n, rumiraint, apprrhrniian, or fear v/ ur f.ur4 her raid husband.
1911119130 my hand and Dlicial lr+d ar , County of
and State Pf Flairida. fhit day of . d• D. 19 f
Nolary Public, State o/
NORTH CAROLINA My Mmmimlon erpi-
STrtTEOFSUa FAXX S5.
fuunty of GRANVALLE
'ilrrrbg Qlydlfff Thai an this day psrsopalfy opptursd bsjore mc on officer duty amltor6M
to admirtitter oaths and iakt acknawtedhm.n)ti BEN H. tASSITER and DOROWMA
LASSIM, h1a wife,
ie n.r uvW known to be rhr person es dssrribed in anJ who Pzeruitd tht foreping drrd, and acknttw
l eni btj4r me that they executed the saint, frMy and mitsmarily for rho pitrpo rs therein ,
•;Cierpu,�. i II
11thirgrl - my hand acrd a irinl Aral at Oxford , County of Granville II
yy.r�h Caro�i a
unri,3talr� n ,�pi, skis .,(`�1, day o/ .Ianuei7f i - •', A- D- 19 57
My 'Comirl .scion expire; O' , ;yam NotalSy PuDl'La, S ets of North ' ' l Careslina
o � o
Q, 0 ,� yR '„•qrt �;
1 51 1fi
^., n a 5r
Y1
;i
't
r7
:1
a,
l
Y1
;i
't
r7
:1
a,
JUL -22 -04 THU 03:37 AID 1 FAX EEO, 055569626 P, 04
Fax 18 rxMB
QUIT O"xa Vn
THIS INM?tP[TRE made this _.Zkd -day of December,
A'. D., 1956, BET AIN R. 0. LASSITER and X. V. AROR, as
surviving Truatoes of BULL DOG DREDGING COMPANY, a disysolved
Florlvda corporation, Forties of the ;First Part, and YOUNG
MENsS CHRISTIAN ASSOCIATION OF MIANX, FLORIDA, a Florida
n`n- profit corporati on e Part ea of .the Second Part;
K I T N E S S R T N t wTh&t the said Parties or the
Hirst Part, for and in oonslaeration of the sum of TEN and
no /loathe ($10.00) DOLLARS, and other good and valuable
considerationa to them in hand paid, the receipt of which
is hereby acknowledged, hath ramleed, released, and quit-
claimed and by these presents do ralaise, release, and quit-
claim unto the said Party of the Second Part and.its
succeaaors and assigno forever, all of the estate, right,
title, lien, equity, interest, claim and demand which the
said Parties of the first Part have in and to the following
described parcel of land, altuata And lying and being in
the County of Dade and State or Florida, and more partloularly
desoribed an follows, to -nit,
The South of the Southeast of the
Northwest of the Northeast of
Section 24, Township ;54 south,.
Range 40 lent, of the Fubllo Records
Of Dads County, Florida.
TO ILWE AW) TO HOLD the sauna together with 611 and
singular the appurtenances thereunto belonging in or anywias
appertaining, and all of the estate, right, title, lien, interest
end'clalm whatsoever of the said patties of the First Part either
in law or equity, to the only proper use, benefit and behoof of
, 4
14 �p Awl
�'�,�
JUL -22 -04 THU 03:37 AN 1 FAX N0, 055569626 F, 05
t
the said Party of the Scoond Part, its successors and assigns
forever.
iN WITNESS WHEREOT+, Th,8 said Parties of the First
Part have hereunto not their b&4da $04 aeala and have excuuted
these presents an Truatees of VXL DW DRSDGlWj COMPANY, a dIb-
aol.v'ed Florida corporation.
SIGNED SEALED AND DELVERED
IN P ENCScc,OF, U :
(SEAL)
RL4 J --
--�// d /R. -•y�, as tee'
V. d. ARKER
ae to W. W. Artier
STATE OF WORTH CAFtOLYNA )
33.
COUMV OF ASHE }
Y HERF13Y CERTIFY that on this day of December,
A. D., 1956, p4rnonnily appeared before me R. C. LASSITRR, who
after being duly sworn, depoaea and aayeo
That he, W. V. AIiNTsR and J. fit. BRUSTIWOOD were Vie Pl-
rectors of the MLL DOG DREDGING COMPANY at the time of its dls-
aolution on Juno 19, 19483 that J. W. DRUSI[WooD is now deceased
and that affiany and W. W. ARNER are the duly qualified and act-
ing Truatees for the said dissolved corporation; that affiant has
signed the foregoing inatrumant as Trustee of BULL DOG DREDGING
COMPANY, a dissolved Florida corporation, and that said execution
by him Is his free sat and deed and for the uses and purpoaea
therein mentioned.
_..,.... .. «H. O. LASSITER
SVORN.TO and 311WPHIBED before.
wo in. _, oaid County and
Sits e; dye list ardreab/ .
fe-,3 mn'A'A
Ivry Cohols'r iii"
aze Of xlorlea.-
2 -
JUL -22 -04 THU 03:37 AM 1 FAX N0, 055569626
STATE of FuniDA )
} 38.
COUNTY OF DAD$
I HEMY CERTIFY that on tbis Al'asy or i7seeember,
A D., 1956, personally appeared before Me N. V. ARMS WhO
Af ;var being duly sworp, deponee•itnd sayst
That he, R. a. LASSITER and J. W. BRDsRWoOD were the
directors of the HULL DOG DRETDING COMPANY at,the time or its
dissolution on June 19, Iq-,8; that 4. W. BRUS111109D to n0V
decaaaed and that atfiant and R. U. LASSITER are the duly
qualified and acting Trubtaes for the said dissolved corporation]
that affiant hna signed the foregoing instrument an Trustee of
BULL DOG D EPOING ComPANY, a dieaolve4 Florida corporation, and
that said execution by him in his f rea act and deed and for the
uaps and purposto therein mentioned.
ARN%R:
SWORN TO and SUB&CNZDXD before
me` in 1Miami, meld County and
State, the day and yjar last
aforesaid. /
Notary Fublic, Stets of Florida
at Large -
ttyr; Gemznia:'ian azTxl.res: ;
Nolmr po o'c Slave al 8,0114 nr la•a. -
A+, er,lro June: ,1A +:.q, ,
b0li -ff i by MM S,Menp b 1p.uraner, ca,
Stale of florida, tounly of fiailc,
This inslramelll was tiNd for rrlcvrei Ihe, !/. day otr
and duly recorded in OFFICIAL RECORDS
Oaok....,... ,.....on pope..- File RO, Gu
e-.
13. lCaTHCIiMAN
�- ClrJ Circuit Coga
-3-
P. 06
JUL-22-04 THU 03:37 AN 1 FAX NO, 055568626 P, 07
"C"Pa A A," a It I
y
"PCO110 roll" A-11 CVR4W14mm I
Imarrauto, ar.rb
6th rixy.01,
wwmlgs, lzuc.,
vjtijt,&-(e of Florlaa paring its pfirtrilml plate of
b"x1w in Af C'ema"7'01 Dade AAd 51611. of FIC1.1.
NW(Attly *WhOrltrli 10.00112nef 6I#Jt1ArM In she- $Idlr ,j I A,Filfil. pdelY the fir,i Pori. and
YOWTG MIPS Clt�-ISTIAJI A�'_'CCIATIO!,' (111.
coipor-ation, undor the ✓nWii'-Or th-e _'rata of Florl-,!,,
40 Nr r. 3rd Avo.) NIAMI • •
01 she Cr Aly of ria'do t Snuo aj F1 C.). 1.;I,
of the A-vwad p■1 WIT. ES.SF111,
Th- IAO Raid Pdri), of the rime part. Isir And in If 01'.•
Save.n..4bousand, Five 11undrDd
a•e u it hand PwM by the Mir! Fw?i y '01 FAP scrabd part. Ow n evipt tchwrisi is h-rrb, n,&a,m14,st4 A., •
it—i-k hwohJ and "U to fhr raid pat# S n f (h., i•rond jxw. 5 F t: CC r:: ^ 4f:'m
jiluale. hImp to,f brutp in 1ho Uokhiy of
of the :;.W.1/1� of tiro N.E'.jIfil or V.s.1/1_
�Section 2 , Township 54 Couth, ;�o.r.jp )iC n z,
containing' 5 acroo more or I -I-,
Jr., Dade County, Florlda., !as;-uO L
tharoof conveyed to Vado Caun;7,
highijaj purpo-las
SubjuCi tQ applicii.1-le zonlorg
lei
And the• Mid Puty 41 the"fleA pGrI 111I• hFIVIly flitt'j. IIVFjFtfPnl 'j1jT- f4filf- lP if burd. and welt de/en't
0- swine axoinjw'ih,• late /lit ciairna 1of art prF.pAq
FY
flo, YtO Party III Al. fie4s A!u raw-I Mew
Ira"
J,af( P✓-A•
1-nis In /ff- alxjjpqr Ift its ttamr by III proper 110im-ft,
he
C
pf&O'hus. of fit,
JUL -22 -04 THU 03:38 AM = 1 FAX NO, 055569626 PI 08
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and }i. i:.�4'i!b ?IPu�[}NJ
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1;1,6tg lmhrrrnrJlyd n, fFI•b ugII.,I• no lril'pi1y arGn
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JUL- 22--04 THU 03:38 AEI 1
FAX N0. 055569626
t - f s. •.iT yMiV i "'7 r,a vrC�r q ,• '•' ?i'
F'`iu;``1+" y , ,#i1 v+E n ,rtsfS•i;'.t, -
.`iY c ,S,.�x.i •�!f�:;•5{.1�;•�l ���;�ts' a �' d + ;i . yi; k.• ?�a a' -.''r -
� t_ '�' f,. ,�} ' • i. • '' '`' ''bite' �3:•
• - '- �A' �' xflt�ltQ�Olf�t: rilA�f 'N1►y�a4+kalrii ;di•!{ia3,Axitu Coauty,
IttaLe oat ItwW 'tea w Aaianord, and
Ig' bi +r`bxiapsad OA1% l40e riiidila at
Rsd Boaa'. Nindt - floridr` �berarXpai'ter i'etetrred to as !'saeute
' r "
ali3'a►Ba'Wx2as '
t1 3i-TeasntaIJJZ= LA][!a and her hnsbaafd CARL 1J"
have rhea day 60aZveted V Deed to landlord SAW= h.
RO"OVER, All that sertalu tract Of lsod aituxto in DO*
County$ $tat* of Florida, 4t40rihed as folio "al• -
The Worth f of the Boulh ! of the M* of
the pt t,je M* 0 oution 240 Town-
ship 44 5&%.t 4t, Aaiege 40 Sant of Talle-
bass.• meridian,
a"
Utz, in Oonsideratte.0 or said oonvsyarae,
BA]SAM L. ROQCOY,B2t has agreed to lease a portion of said
land to the T +meats abore ns;xod during the rest of their
natural lives#
*OW TOXWORS, in oonsidorstlaA of Ons and Nor*
Dollars, the Dsed above ret'erred to find the isatual coven-
anto' horeia uoutainad, it is agreed as followai-
The Dr ndlord hereby lets unto the Tenants a-zd the
said Tenants hereby Mrs 4an 'the said iaodlord that
portion of the proalaes desea•i.bad is the above suntioned
Deea fro4 M11E LW and CAM, 1ANS to SAMUEL L. ROCIMM,
dated this day and more partioularly desoribed as folluvst-
toginnlrig at a,point at the Northeast
oorner of the paraa� dsseribed is the
deed abore rersrre¢ to, ubleh. point is
loeated Sa that MohpaY known to Red Road
and'raays',thinse Westerly a1o4 the Worth -
Arly bounds 'of ttw areel daser1W in
dud, 'da+t4. to w'poLt opposite i point S'•
tl!ai%4rly 9f the reel' $head loeated oA the
totwa.l■ia `blue leaved theatre ranging
4014 aerly pea * lei. ?VNL 9s4 Road tbrough
weak poina ' a. x *N$ajrl* of the tool, obad
to .00 eo+ujk be"dr• of the prwapea do-
sarlbad• 10fof.,gl'*►ArsptZ+tflatd deeds
b xdf : e Vf pall rty to Red Readl
"wait, vaptgesa� ited RNIC to tine
P. 09
JUL -22 -04 THU 03;39 AM 1 FAX NO, 055569626 E 10
;'1 �, ,; •J 'iii. °. rIH 1• j5 rite „'•''F V ���Ad gy; r.. a :l ?�':
!. .it?.' t,. 1 .F !: 1i, t I , Flt!1; =• -i fyt C
` .C�i S•+ M1',� T 7 41 yr� •S• i�•fl },A�•A” ,�
"E35 +�. t�••.! +Fq
• • ''� ql ?�r'Y'j,•ri 'f•i }'S ? +'f.�: ' a�C . }!•.j f j��. ti•; A. )tirl
point! sip xw+s '.r�s '� /• ;.;.,`.�� t: S np
The tom of . mdi..lease" aiRIA; Vo for the` aa, ;- • t:'
of each of thi'j$Q'ii W Sd TOM MS � iia3'���isAibe i8slli
**as* and tsrmimto upon t ►,dsath o$ the'silrrA�er bt• thiwi+ ; F ::,
The rout shall b+i Ow (il.60t1 Dollar mar year
1w the Tenants to the Laidlard on the date 11Areo#.11x0.
amvsily thereafter daring the'term of said lease, ill
I
adrsnse,
In addition -to said rea,tals•the Tenonts shall pat all i
taxes aMd assessments levied gala• aeseseed by the raderal,
State, county and ltstdaipal oo"romenta on t4a entire lot
desarlbed in the deed from the. Tenants to tbs LarA;Ovd at
hhoneatead rates, The yndlarsd shall pay the excess to :es
oimr the homstead sates. this leasefsh ll be, terminated
and the Landlord sfa11 have th, right to rekeuter the de-. -
mis d prinimov after dotaUit IA the payMxt of arpr tax or
a,asommmoot or ineuranoe prm►iuM for thirty days after writ-
5
ten notion and doxarsi thereof served an the Tenauts by. regla
tored mail at the doxised prs>A1ses. aovover, it the Lapolor
should make isprov"anta and greet structures on that porti011
of th6romisem deserrlbod in the aforesaid deed not hereby.
Y
leased to the Tenants, tarn IVJ that ese!at the %fandlcrd stsall
pay tames un all of the proalsas dsmaribed in said deed
exoept .tljat portion hereby leased.
As additional rental, the 1!enantx shall hereby agree to
par for all five insuranes pr4mivaa ea ail tuildimgs located
on the leased proAdmes and said fire insur#noa policies'
shall be In tho mum of $15,0094 In case of dazaaga or do-
struntiop by fire to the dmiped premissi, the Landlord phal
use the proesads of this fire insurance policies for the re-
pair or replaosaten$ of the 4+nraged or de■trolsd buildxogs.
The Tenant' shall also 9w"k'r a (i*%oval Public Liabilitl f
polio? �kk b4khe3f of fhe L,SIlilardp in .ths. rename of
d1oy0Q0,,
The Ifmants &hall',lblt• 3.9"t or 001eaae w q portion '
2.
ty
1'' "•t _ ' } i , j �YA �l� 4• / 1 t �i,�N;.;f.f'',, f,� ....•, .. , ..e .!; � 1'
. a' '`, �g.: :•i'!•�r rl �' •tali G. },:ia 'l-.. <.S s'ti `•. %i- '.^�.' yA! . 1
:'r.,i itR.li�:. ir' ... f...l� ✓. .t... .. .n .i. e . ae . r ..
JUL -22 -04 THU 03 .'39 AN 1 FAX N0, 055569626 P. 11
3,r.;; ,J 'r �q 'tire f;;l r_.•'�•:.1 '�,'J.
J, •�S''Ii'' �lf 1� �lr:. 1 %,1. Y T,��� �.,, /to r�. :�� '+
•; l p Til �� � �• � 4' -r
R�s4.iy19 '
:a'����- �•:b��;
r •; ,i i :T `ti :";t'. t. l' ,� L �,�; ��'..,yp S: i, �;��,;r. �.` +^��1u:,'i.-'��,9,,' „;; ` a
v t ►��hi ' R �A al ti rl40'.00 N: 9P PL`' th's LAndlordi.
k;`: ; ; .. <; r ,All' steraEi'l1g” eddy Ltl� ` g►r a ra,' oar i
:�'• .r•�DCR,'j,: rr� ;;.� �,, ..; e.. , ,;.,�•, ..,,.'... di,,;•p't.:" S .•..i'''Y: �:<'• '• t�yi
v• a to op$ to `tea loiikesd premiiees + elaiall be 3>aade by the
• Teman i''atb 'th r ok4 Cost Tatar e7tperiae' and a?aa]1 become the
property at uie Y,aMloid at the terminatlon Of thim'laaae.
That maid Frealants agree, that the paid Zandlord and.
Agents, and othor•repreaantativea, snail have the, right to
plater into and Alton said prelvisiss or any pert thereor, at
All reasonable hvure for the purp000 or examining the some,
or making alich rapalrts or Al. srdtionm therein as may be
neosseery for the safety and'pramarvation theveor.
If dorault be made in the covenanta pertaining to taxoe
and ihauranae hAroin ontalrxd, then it shall bo lawful ror
the Landlord to re -enter the eaid•leased premises and the
aatRa to have Rgaiti, reposeesm and 611 JOY.
And the Bald Landlord door eovenant that the sold
Tenants on pexfprming the covenants aforesaid, shall and
may peateablr,and quiotly navp, hold and enjoy the said
demised preraises ror the term,efoponaid.
in WITHLSS W9tRynr`, 4tit+ partiee how intorchnngoably
i net their hands Arld coalm itie' day a�x1 year Sirmt bove
written.
Landlord
r
� 1:
1
An
31gued, ■en1hd and delivered
..-
I
is tho preaenae or
�,
;
!v :j�jll ��i� - +`: Jif♦ ',.l'v :'.,,�; ..
.C�iS
!`XIJ
r
� 1:
JUL-22-04 THU 03:40 AM I FAX NO, 055569626 P. 12
I
iC--,
, T,j 1. / I . 0;1A'.--'.N • ,MIT
S.
q
STATE OF -WhIi: YOPA
OF .
CoUNTY. '18 LWVJM.
Lr
Humi 0`AT1V,*Aha4oA this day personally appeared
batore melp &A 6triaor' tq administer dath4
and take aa)u1Qv10dVW1xtu. AAKM W ROCOWIM. and NAME
ROCROWR" to 140 wall U-n~ to be the P*raons tl&r6rlbsd In
and who executed thi iorego;iiig lease, and acknovl6fted
betore me rhat they 6xiout1d the same freely and voluntaril
for the purpose 'therein axprenned.
AND I FUIITMM CkMTIPYA' That the said IfATTXF ROCJKIDWERm
knows to moo to be the iIfH of the said SAMMI L. ROCKOM,
an a separate and private ejainInutjoil taken and made by
and Wore me, separate17 iind apart 60M her said husband,
, 14 Rcknowledpa that pho jo&ds harself a party to SRid lease
for the purpose or renounulng, relinquishing, and conveying
all her right, title and interest., Uhather dower, homestead
or of doparAto proportyp a atutory or equitable, in and to
the oramloes described therain, and that she ezeauted the
said leRee freely and voluYARI'lly and without any oompulaic:
conntraint, apprehension ar fear of or from liar 4414
husband. fJ
WXT)F=3 nq hana.ajLd or r.10JI11 noul at
County of Sullivan and State of Now Xork, this
4ay or Septombar, A.V, 195.10
Su1jivad GountY
ot3ty Public 453
Ste 0 Y01k No.
tho ta
jM,30,
A'
14
L
A.
R
JUL-22-04 THU 03:40 AN I FAX NO, 055569626 P. 13
17
"A'
X kil i ' MMOPY, thlit; on thin
day ytvx6rA2ly appeared
befors aop in pril
pGia'ata* tuthovitedrta AdmIrdater oaths
And take AoknoviadWZeM
JFXUXZ XJM and CARL.YAOZSO to me
Weil kn-6wa to be the person dei,rIbzd in and wl ; w exeoutod
the foregoing leaser and aeknoWlesiged baroro me thit they
DMOCUt6d the 1prga f r661Y and volwitarily for the purpose
theroln axpreBned,
AND I 'FURTHER 09RTIFYj 'That the vald JSWE LAXS,
known to me, to be the Wire of tho said CARL LAKS, on A
I [vaparate and private OX&MiURtIOn taken and made b7 and
before me, 86PRPAtely and APArt fPOM her aaid hunbandt
did aoknowladg6 that ahe made her -gall a party to said lease
:tor the PurPORO Of rDnOunoiy4g, relinquiahing and convoying
All h0v 1-1911ts titla and interest'' w1lethar dower, hoiumatbjid
Or Ot 5"PArQtO property, atatutory or equitable, In and to
the prozaiaeB doveribed therein, azp'd that ghe oxecuted the
3ald lefias frouly and voluntarfky'
1,nnd without Any compulsion,
c0rWtyftint, apprahension'or fear 0'f or .from •ir a id husband•
NJ M98 my hand And OMcItkl;:Avaj at
County or Sullivan and .State of Has York,
i thin e)
dny of Soptember, A-D, 19.53,
N
"I -ary Publio
7*
AURED N. BUK
Notary Public SWIN-In County
tiff the Mall 01 t*f4
I wo" Nialch Mr
JUL -22 -04 THU 03:41 AM 1 FAX NO, 055569626 P. 14