HomeMy WebLinkAboutK-1 Resolution: Police & Public Works Property AcquisitionCity of ~l~tiami Gardens
1515-200 NW 167' Street
Miami Gardens, Florida 33169
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Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Andre Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
~oxarmuM
To: Mayor an City Co it
From: Danny O. ,City Manager
Date: April 1, 2007
Re: Police and Public Works Property Acquisition
In late 2006, City council authorized staff to negotiate with the property owner of the
"Whatley" property located in the Golden Glades interchange for a City public works
complex. Additionally, City Council authorized staff to proceed to negotiate with Miami-
Dade County for the purchase of the County's police sub-station located on NW 27tH
Avenue. To date, neither of these negotiations has proved fruitful.
Public Works
In our negotiations with Mr. Whatley, there is a considerable gap between the City's two
appraisals and Mr. Whatley's asking price. While a third appraisal is underway, I do not
foresee much of a change in his position. While City Council authorized staff to file
condemnation to secure the property, I believe that this should be used only as a last
resort when no other practical alternative is available. In this case, I believe that we have
found an acceptable alternative that I will discuss in more detail below.
Police Station
Over the past eight months, staff has been negotiating with representatives of the County
for the purchase of the Miami-Dade police substation located on NW 27tH Avenue. These
negotiations have not resulted in any significant progress. At our last meeting, the
County made an offer to sell us their building for $12.7 million. This includes a credit
for monies our taxpayers have paid towards the building.
K-1) RESOLUTION
POLICE & PUBLIC WORKS
PROPERTY ACQUISITION
In discussing the County building with our command staff, and from information they
have received from building users, there appear to be a number of continuing physical
problems with the County's building. In addition, the County police department has made
it clear that they have a continuing need for the space for various County police operation
beyond asub-station.
Another concern that staff has regarding using this building is the actual physical switch-
over of the facility from the County to the City. It is somewhat problematic to try and
change users of this facility in one day at midnight, December 1St, without a major
disruption of service to the residents. The installation of phone and data lines, office
space changes, etc. would take months to accomplish, and this is nearly impossible with
someone else using the facility up to the last minute.
In light of these factors, the price, and the fact that we are quickly running out of time
necessary to prepare for our officers, and acknowledging the fact that even if we agreed
today, anything going to the Boards of County Commissioners takes at least 3 months for
approval, especially something as complex as a sale of one of their assets, I have come to
the conclusion that we need to move forward with acquiring our own police headquarters.
To this end, staff has identified a great prospect for both our public works department and
our police department. Located in the Sunshine Industrial Park, we have identified three
adjacent parcels of property identified on the attached map and parcels #l, #2 and #3.
Parcel #1-Alternate Location Public Works
Parcel #1 is a 5,000 sq. ft., fully air-conditioned building that is currently used for
a two offices and the balance for open storage. This could easily be configured to
accommodate the office space that public works needs and provide secure indoor
storage for high value items. With this building comes a ''/z+ acre walled storage
year for Public works vehicles and materials. This yard could easily be expanded
in parcel #2 to provide additional storage area.
Parcel #2 -Alternate Location Police Facility
Parcel #2 is a 28,000 square foot, full air-conditioned building designed as a
secure telecommunications facility. The building has a significant office space
and common space to easily accommodate the current police department as of
December 1St and for an expansion planned several years down the road. The
building offers several unique features including a raised floor secure computer
room that could serve as a dispatch center for the City; a secure, 4-soild wall
interior room which would could serve as an evidence storage room; large open
space area for the General Investigations Unit with it own secure entrance at the
rear of the building; an emergency generator to power the building; and an
uninterruptible power source (UPS) for steady power supply within the building
and for a small price (approx $15,000), to leave the building furnished with desks,
filing cabinets and cubicles, which would easily cost over $75,000 to replace.
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Parcel # 3 -Alternate Location Police Building Parking and Future Garage Site
Adjacent to the police building on its east side is a 2 1/2 acre tract of vacant land
that is currently the parking for Parcel #2. This vast tract is of sufficient size to
accommodate both police parking needs and a future City Garage facility.
Pursuant to the authority granted to me by City Council, and the provisions of the City's
Purchasing Ordinance, I have secured an Option valid through April 13. In order to
purchase the property, City Council will have to exercise the option.
In the meantime, I have secured the necessary appraisals and environment reviews
(Available for review in Ms. Odom's and the City Clerk's offices). The option price for
the property is $5,100,000. Both appraisals determined the market value of the properties
at $5,000,000. The environmental reviews indicated that there might be some residual
ground contamination from past uses of these sites that is common in industrial areas. I
have attached copies of correspondence from the Florida Department of Environmental
Protection and DERM, indicating that the current owner completed clean-up and have
properly closed the site (DEP letter dated 4/4/06).
As with any existing building that we purchase, there will be additional expenditures to
bring the building into code compliance (such as ADA bathrooms), to re-wire the
building for fiber and phones, to link these building to our current hall computer system,
and to reconfigure the interiors to fit our particular needs. In addition, the Public Works
building will need a canopy in the rear in order to undertake minor vehicle repair out of
the weather, and a fueling station must be constructed on site. It is estimated that these
changes will add at most, an additional $1.5 million to the cost.
With the growth that Miami Gardens has and is experiencing and the general lack of
potential sites that meet our needs, I recommend that City Council move to acquire this
property and abandon the earlier effort to secure the County and Whatley properties.
Funds for the purchase of these properties were included in the recent bond issue.
Sufficient funds are available for renovations and upgrades as necessary.
RECOMMENDATION: That City Council approve the resolution exercising the
option; authorize the City Manager to execute the Purchase Agreement and all other
necessary attendant documents for the purchase; and authorize the City Attorney to
proceed with closing on the property, utilizing proceeds from the 2007 $14 million public
facilities bond issue, and for the City Manager and City attorney to take all steps
necessary to effectuate the purchase of the Property.
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RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, EXERCISING AN OPTION TO PURCHASE THAT
CERTAIN REAL PROPERTY DESCRIBED IN THE OPTION AGREEMENT
ATTACHED HERETO AS EXHIBIT "A" IN THE AMOUNT OF FIVE
MILLION, ONE HUNDRED THOUSAND DOLLARS ($5,100,000.00)
AUTHORIZING THE USE OF PROCEEDS FROM THE 2007 14 MILLION
DOLLAR PUBLIC FACILITIES BOND ISSUE FOR THE PURCHASE;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE
ALL STEPS NECESSARY TO EFFECTUATE THE PURCHASE OF THE
PROPERTY; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
1 WHEREAS, pursuant to Ordinance No. 2006-03-84, which amended Ordinance
2 No. 2005-10-48, the City's Purchasing Ordinance, the City Manager has the authority to
3 negotiate and execute option agreements on real property for consideration by the City
4 Council, so long as any good faith deposit money does not exceed the City Manager's
5 purchasing limits, and
6 WHEREAS, although the City Manager may execute an option agreement, only
7 the City Council can exercise an option, and
8 WHEREAS, the City Manager has executed the Option Agreement, attached
9 hereto as Exhibit "A," and
10 WHEREAS, the property to be purchased will be used to house the City of Miami
11 Gardens Police Department, and
12 WHEREAS, pursuant to the Option Agreement, the Purchase And Sale
13 Agreement, and the Addendum which are attached hereto as Composite Exhibit "A,"
Page 1
Resolution No. 2007-
14 which are attached thereto and incorporated herein by reference, the purchase price for
15 the property is $5,100,000.00, and
16 WHEREAS, pursuant to the Option Agreement, the City Council has sixty (60)
17 days from the date of execution, to exercise the Option, and
18 WHEREAS, the City Council would tike to exercise the Option and would like to
19 authorize the City Manager and City Attorney to take all necessary steps to effectuate the
20 purchase of the Property, and
21 WHEREAS, the City Council would like to utilize proceeds from the 2007 $7.5
22 Million Public Facilities Bond Issue for this purchase,
23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
24 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
25 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
27 made a specific part of this Resolution.
28 Section 2. EXERCISE OF OPTION: The City Council for the City of Miami
29 Gardens, Florida, hereby exercises the Option to purchase the real property described in
30 the Option Agreement and Purchase & Sale Agreement attached hereto as Exhibit "A"
31 (the "Property").
32 Section 3. AUTHORIZATION: The City Manager and City Attorney is hereby
33 authorized to take any and all steps necessary to effectuate the purchase of the Property
Page 2
Resolution No. 2007-
34 and to fulfill the intent of this Resolution.
35 Section 4. AUTHORIZATION: The City Council hereby authorizes the City
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Manager to utilize the proceeds from the 2005 $14 Million Public Facilities Bond Issue
for the purchase of the Property.
Section 5. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON APRIL 11, 2007.
ATTEST:
SHIRLEY GIBBON, MAYOR
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: Dr. Danny O. Crew, City Manager
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre' Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
Page 3
OPTION TO PURCHASE REAL PROPERTY
THIS OPTION is made this ~ ~ day of ~~~ ~ U `` r , 2007, by CORE
DEVELOPMENT HOLDINGS CORPORATION f/k/a CRESLIN OF FLORIDA, INC.,
having an address of 1020 N.W. 163RD Drive, N. Miami Florida 33169-5818 ("Optionor"),
to City of Miami Gardens, having an address of 1515 Northwest 167th Street, Building 5,
Suite 200, Miami Gardens, Florida ("Optionee").
WITNESSETH:
WHEREAS, Optionor owns that certain real property located in Miami-Dade
County, State of Florida, more particularly described as:
14 52 41 SUNSHINE STATE INDUSTRIAL PK SEC 1 PB 76-75 LOT 13 &
SW 1/2 OF LOT 14 BLK 3 LOT SIZE 43500 SQUARE FEET OR 19108-
1172 0500 1 (Folio Number 34-2114-007-0310)
together with:
14 52 41 SUNSHINE STATE INDUSTRIAL PK SEC 1 PB 76-75 NELY1/2
LOT 14 & ALL LOTS 15 & 16 & SWLY 50FT LOT 17 BLK 3 LOT SIZE
87000 SQ FT (Folio Number 34-2114-007-0310
together with:
SUNSHINE STATE INDUSTRIAL PK SEC 1 PB 76-75 LOT 17 LESS
SWLY50FT & LESS BEG NELY COR LOT 17TH SWLY215.69FT
NWLY181.79FT E282.08FT TO POB BLK 3 (Folio Number 34-2114-007-
0330)
(hereinafter "Properly"),
~~uhich Property is specificaily described in the Contract for Sale and Purchase, attached
hereto as Exhibit "A," the terms of which are incorporated herein by reference
("Contract"), and
WHEREAS, Optionee would like an option to purchase, and Optionor would like
to grant Optionee the right to purchase the Property upon the terms and conditions
stated in the Contract,
NOW, THEREFORE, in consideration of the monies herein described and for other
good and valuable consideration, the legal sufficiency of which is hereby acknowledged,
the parties agree as follows:
Optionor grants to Optionee an option to purchase the Property in
accordance with the terms set forth in the Contract ("Option").
2. This Option is effective as of the date of execution by Optionor and
Optionee, and will expire sixty (60) days from execution, unless the
same shall be exercised as provided herein.
3. Optionee may exercise this Option only by delivering a written
notice thereof, signed by Optionee, to Optionor before the time
herein set for expiration.
4. The date of Optionee's delivery of the notice described herein to
Optionor, shall constitute the Effective Date for the Contract, and
the provisions of the Contract. shall take full force and effect. Such
notice may be sent via fax, a-mail or first class mail. Any such
notice, if sent by mail, shall be considered delivered when
deposited in the United States mail. If sent via fax ore-mail, such
notice shall be considered delivered upon receipt of a confirmation.
5. Upon exercise of the Option, the Optionor, as Seller, and the
Optionee, as Buyer, shall perform the Contract as written.
6. As consideration for the grant of this Option, Optionee has paid to
Optionor, concurrently with execution of this Option, the sum of
$10,000.00 ("Option Amount"), receipt of which is acknowledged by
Optionor. The Escrow Agent described in the Contract shall hold
the Option Amount in escrow. In the event the Optionee shall
exercise the Option herein granted, the $10,000.00 paid in
consideration of the Option shall constitute and be deemed for all
purposes, the initial deposit required by the Contract. If Optionee
decides not to exercise the option, Optionee shall have the right to
2
a return of the Option Amount, upon providing written notice to
Optionor of Optionee's decision not to exercise the Option, on or
before the expiration of the Option period. However, should
Optionee fail to provide such written notice, then Optionee shall
forfeit all rights and claim to the Option Amount, and Optionor shall
be entitled to retain the Option Amount.
7. This Option shall be binding upon and shall inure to the benefit of
the parties to it, and to their respective heirs, successors, or
assigns.
8. In the event that either party is required to fife legal action against
the other party, the prevailing party shall be entitled to its costs of
collection, attorney's fees and costs, and interest at the maximum
rate allowable by law.
9. This Agreement shall be governed by the laws of the State of
Florida, and venue shall lie in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement,
effective as of the ~_ day of ~ ~~- fK~ , 2007.
(Signatures to follow)
OPTIONOR:
WITNESSES
l
his ~~~,~-~ _ ~'
Signature
Print Nam ~y
Sl-~ I ~ t~ c.~ -~ ~ r ~e v~
Signature
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
CORE DEVELOPMENT HOLDINGS
CORPORATION f/k/a CRESLIN
OF FLORIDA, INC.
By:
Print Name: YESIL, ENGIN
Title: President
The foregoing instrument was acknowledged before me this ~~ day of
~.-fuC' 20017 by Yesil Engin, the President of Core Development Holdings
Corporatio f/k/a Creslin of Florida, Inc. He is personally known to me or has produced
Gtr S .~ ~ ~ 1 ~/ k N ~' ~^_ _ _ as identification. _ _ _ _
[ 27085_ 1. DOC
~,~yrnpe~ ISSA ASAD
,1 ~ MY COMMISSION # DD571431 /
~~OFf~~l~ EXPIRES: July .5,1A10 (~_•,-~~c(~-
(407) 398-0153 Florida Notary Sarvice.com
ary Public,
My Commission Expires:
OPTIONEE:
State of Florida At Large
CITY OF MIAMI GARDENS, FLORIDA
By
Danny Crew, City Manager
4
` PARTIES: CORE DEVELOPMENT HOLDINGS CORPORATION f /k / rR>* ST TAT nF ~T nRrrle rrtr _ ("Seller")
2` and CITY OF MI (Buyer )
3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract':
5 I. DESCRIPT10N:
6' (a) Legal description of the Real Property located in Mi arni-T)ada County, Florida:
7• SEE EXHIBIT "A" ATTACHED HERETO
8`
9' (b) Street address, city, zip, of the Property:
10 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling tan(s), light fixture(s), and window treatment(s) unless
11 specifically excluded below.
12' Other items included are:
13'
14` Items of Personal Property (and leased items, if any) excluded are:
15`
16` II. PURCHASE PRICE (U.S. c rren N t. a,.8 ceed,..$. 5 100 OOD...bas d. upon. writt n .... $
17 PAYMENT: ~ppi~~~sa~s ~1~ase~ron appaaisa~s.~° Pbe negotiate
18` (a) Deposit held in escrow by ~RTiCTATT7 ~. T FHR T 7.P (Escrow Agent) in the amount of (checks sut~ject to clearance) $ 1 0 T000.00
19' (b) Additional escrow deposit to be made to Escrow Agent within ~ days after Effective Date
20` (see Paragraph IiI) in the amount of ........................................................................ $
21 ` (c) Financing (see Paragraph M in the amount of ............................................................. $
22' (d)Other........... ................................................................ $ 5.
.................
23 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
24` to adjustments orprorations ......................................................... ..... ................ *
25 ill. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: *subject to appraisa s
26 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on c
27' before April 10, 2007 .the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. UNLES:
2B OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THI
23 COUNTEROFFER IS DELIVERED.
30 (b) The data of Contract ("Effective Date's will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
31 final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above fc
32 acceptance of this offer or, if applicable, the final counteroffer.
33 IV FINANCING:
34' X~ (a) This is a cash transaction with no contingencies for financing;
35' ^ (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within days (if blank, then 30 days) afte
36' Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): ^ a fixed; ^ an adjustable; or ~ a fixed or adjustable rate loan, in the princip~
37' amount of $ , at an initial interest rate not to exceed °i°, discount and origination fees not to exceed ~
38' of principal amount, and for a term of years. Buyer will make application within days (if blank, then 5 days) after Effective Date
39 Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by Loan Approval Date
40 satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of othe
41 property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. If Buyer does not derive
42 written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or waived this financing contingency, the:
43 c;ither party may cancel this Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven (7) days prior t~
44 Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this financing
45 contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer shall b•
46 refunded the deposit(s). Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by Closing
47 of those conditions of Loan Approval related to the Property;
43` I~ (c) Assumption of existing mortgage (see rider for terms); or
49` ID (d) Purchase money note and mortgage to Seller (see Standards B and K and riders; addenda; or special clauses for terms).
SG` !~ Ti f~LE EtfIDE6v~CE: At least -days (if blank, Then 5 days) before Closing a title insurance commitment ;,vith legible ~o;~ies of instrulr~ani:
51 listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) sha
52 be obtained by:
53` {CHECK ONLY Oi~E): ~t1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
~,4• rD (2) Buyer at Buyer's expense.
55` (CHECK HERE}: ~~ if an abstract of title is to be furnished instead of title insurance, and attach rider for terms.
56` VE. CLOSING DATE: This transaction shall be closed and the closing documents delivered on Tn»P 1 7~~ 7 ("Closing"), unless
;~7 modified by ether provisions of this Contract. If Buyer is unable to obtain Hazard, Wind, Flood, or Hom~wners' insurance at a reasonable rats:
53 due to extreme weather conditions, Puyer Ir~ay delay Closing for up to 5 days after such coverage becomes available.
59 VII. RESTRICTIONS; EASEf~EE~TS; LlfJilTATlOfuS: Setter shall con~•iey marketable title subject to: comprehensive land use plans, ~oniny^
GO re _r~ ~',ioGS, prohibitions and ether requirements impcs2d b~~ ~gw?r nmental _au'.hcrir,~; re~tr~ctions and matters apoearina on the. plat or o'herwlsF
Fl.;R'R.^.,R--~ F;C-u "r!.1 cc, ^nr;1 Fir,n~ia -.~.~nr,i;,rinn ni Rrai ;n~c..'. anri -h,a Flnri:';a F:ar :+II ninh;c Racarvarl Pana 1 ~f 6
~...., ~.......~.Q Q~~u wnoQnvCn Rtv THE FLORIDA ASSOCIATION OF REALTORS' AND THE FLORIDA BAR
61 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record
62 (located contiguous to real property fines and not more than 10 feet in width as to the rear or front lines and 7 1 /2 feet in width as to the side
63 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see
64 addendum); provided, that there exists at Closing no violation of the foregoing and none pp'r~peQSe(s)use of the Property for
65'
66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended
67 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F.
68 If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable
69 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy.
70 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed
7 t provisions of this Contract in conflict with them.
72' X. ASSIGNABILITY (CHECK ONLY ONE): Buyer rJ may assign and thereby be released from any further liability under this Contract; 0 may
73' assign but not be released from liability under this Contract; or~may not assign this Contract.
74 XI. DISCLOSURES:
75" (a) 0 CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments which
76' continue beyond Closing and, if so, specify who shall pay amounts due after Closing: D Seller rJ Buyer 0 Other (see addendum).
77 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to
78 persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
80 (c) Mold is naturally occurring and may cause health risks or damage to property. if Buyer is concerned or desires additional information
81 regarding mold, Buyer should contact an appropriate professional.
82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
83 (e) If the real property includes pre-1978 residential housing then alead-based paint rider is mandatory.
84 (t) If Seiler is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS'
86 ASSOCIATIOWCOMMUNITY DISCLOSURE.
87 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT
88 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP
89 OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF
~;)0 YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
91 XII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
92' (a) $ for treatment and repair under Standard D (if blank, then 1.5% of the Purchase Price).
93' (b) $ for repair and replacement under Standard N not caused by Wood Destroying Organisms (if blank, then 1.5%
94 of the Purchase Price}.
95' XIII. HOME WARRANTY: OSeller DBuyer D N/A will pay for a home warranty plan issued by
J6' at a cost not to exceed $
97 XIV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
98' C] CONDOMINIUM ^ VA/FHA ^ HOMEOWNERS' ASSN. O LEAD-BASED PAINT ^ COASTAL CONSTRUCTION CONTROL LINE
gg* ~ INSULATION rJ "AS IS" ^ Other Comprehensive Rider Provisions X~ Addenda
100' Special Clause(s):
101'
102`
103"
104 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards': Buyer and Seiler acknowledge receipt of a copy of Standards A
105 through Y on the reverse side or attached, which are incorporated as part Of this COntract.
106 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
107 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
1 Og THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
109 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a
110 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining
11 1 positions of alt interested persons.
112 AN ASTERISK(`) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATE~E LINE CONTAINS A BLANK TO BE COMPLETED.
113' CORE DEVELOPMENT HOLDINGS CORP (DATE)
114 (BUYER) CITY OF MIAMI GARDENS (DATE) (SELLER) ~ T ~,
,_/k/a CREST,IR OF IORID~'~; INC.
1 15' (GATE)
116 (BUYER) (DATE) iSELLER)
117' Buyers' address for purposes of notice 1 51 5 N~rnc~aeGr_ ____ Sellers' address for purposes of notice 1020 Northwest 163rc
118" 167th Street, BZdg.S, Suite 200, Miami Drive, North Miami, Florida 33169-5818
ar ens, on a Phone Phone
119*
120 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation m connection with
121 this Contract: ~ - '
122" Name:
123 Cooperating Brokers, if any L'estin Broker
- ervE es Ina` .. _
FAR/dAR-7s Rev. 7/04 Riders can be obtained from Florida Law ers Su ort S FLSSI 40 515-1501 Page 2 of 4
1 ~4 STANDARDS FOR REAL ESTATE TRANSACTIONS
125 A. T1TLE INSURANCE: The Title Commitment shah be issued by a Florida licensed title instxar agreeing to issue Buyer, upon recording of the deed to Buyer, an
126 owner's policy of title insurance in ttte amount of the purchase price. Insuring Buyer's marketable title to the Real Properly, subject only to matters contained in
127 Paragraph VN and those to be discharged by Seller at a before Cbsing. Marketable title shah be determined according to applicable Title Standards adopted by
128 authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of recedring the Title Commitment to examine it, and if title is found defective,
129 notify Seller in wring specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer
130 shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reasonable period riot to exceed 120 days
131 within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be returned to Buyer. If Buyer fails to so notify
132 Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time
133 provided. ff, after diligent effort, Seler is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing
134 Buyer and Seller from all further obligations under this Contract. K Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Cosing,
135 Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this Standard.
136 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
137 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shalt provide for right of prepayment
138 in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept
139 in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a
140 standard mortgagee clause covering all improvements boated on the Real Property against fire and all perils included within the term "extended coverage
141 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note
142 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in
143 mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein
144 the Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement
145 evidenced by recorded or filed financing statements or certificates of title. If a balloon mortgage, the final payment will exceed the periodic payments thereon.
146 C. SURVEY: Buyer, at Buyer's expense, within time albwed to deliver evidence of title and to examine same, may have the Real Property surveyed and certfied
147 by a registered Florida surveyor. If the stuvey discbses encroachments on the Real Property or that improvements located thereon encroach on setback lines,
148 easements, lands of others or vidate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
149 D. WOOD DESTROYING ORGANISMS: "Wood Destroying Organisms" (WDO) shall be deemed to include all wood destroying organisms required to be reported
150 under the Florida Structural Pest Control Act, as amended. Buyer, at Buyer's expense, may have the Property inspected by a Florida Certified Pest Control Operator
151 ("Operator") within 20 days after the Effective Date to determine'rf there is any visible active WDO infestation or visble damage from WDO infestation, excluding fences.
152 If either or both are found, Buyer may within said 20 days (1) have cost of treatment of active infestation estimated by the Operator; (2) have all damage inspected
153 and cost of repair estimated by an appropriatey licensed contractor, and (3) report such cost(s) to Seller in writing. Seller shah cause the treatment and repair of all
154 WDO damage to be made and pay the costs thereof up to the amount provided in Paragraph XII(a). If estimated costs exceed that amount, Buyer shall have the
155 option of canceling this Contract by giving written notice to Seller withirt 20 days after the Effective Date, or Buyer may elect to proceed with the transaction and
156 receive a credit at Closing equal to the amount provided in Paragraph XII(a). ff Buyer's lender requires an updated WDO report, then Buyer shall, at Buyer's expense,
157 have the opportunity to have the Property reinspected for WDO infestation and have the cost of active infestation or new damage estimated and reported to Seller
158 in writing at least 10 days prior to Closng, and thereafter, Seller shat cause such treatment and repair to be made and pay the cost thereof; provided, Seller's total
159 obligation for treatment and repair costs required under both the first and second inspection shall not exceed the ama~tt provided in Paragraph XII (a).
160 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
161 in Paragraph VII hereof and title to the Real Property is insurable in accordance with Standard A without exception for lack of legal right of access.
162 F. LEASES: Seller shalt, at least 10 days before Closing, furnish to Buyer copies of all written teases and estoppel letters from each tenant specifying the nature
163 and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each
164 tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact
165 tenant to confirm such information. If the terms of the leases differ materially from Seller's representations, Buyer may terminate this Contract by delivering
166 written notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer.
167 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
168 claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days
t 69 immediately preceding date of Closing. ff the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
170 liens executed by all general contractors, subcontractors, suppliers and materialmen in addftion to Seller's lien affidavit setting forth the names of all such general
171 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
172 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
173 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
174 Agent") designated by the party paying for title insurance, or, rf no title insurance, designated by Seller.
175 I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided
176 for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Conh'act
177 J. CLOSING DOCUMENTS: Seller shah furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases,
178 tenant and mortgagee estoppel letters and corroctive instruments. Buyer shall furnish mortgage, mortgage rx~te, security agreement and financing statements.
179 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained
180 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
181 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and finanning statements shall be paid by
182 Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title examination, and
183 closing fee (including preparation of closing statement}, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
134 I_.~ PROBATIONS; CREDITS: Taxes, assessments, rrnt, interest, insurance and other expenses of the Property shall be prorated throixih the day before Closing.
185 Buyer shall have the option of taking over existing policies of insurance, if assumable, in wP~ich event premiums shall be prorated. Cash at Closing sl laid be
186 increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
137 rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will tJ° credited to Seller Taxes shall be prorated based nn the current
188 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's
189 millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's
190 assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of
191 Closing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable
192 assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking
1'33 into account available exemptions. A tax proration based on an estimate shall, at rr-.quest of either party, be readjusted upon receipt of current year's ta.: bill.
1 J4 M. SPECfAL ASSESSMENT LIENS: Except as set forth in Paragraph XI(al, certified, confirmed and ratified specia4 assessment liens imposed by public bodies
195 as of Closing are to be paid by Seller. Pending liens as of Closing chalk be assumed by Buyer. If the improvement has been substantially completed as of
196 Effective Date, any pending lien shall be considered certified, confrmed or ratified and Seller shall, at Closing, be charged an amount equal to the last estimate
197 or assessment for the improvement by the public body.
~noiono ~- e,,.. 7/nn n ~nnn f=~(,.I(h decnnlaflnn of Rce,TnarD anti Thn Flnriria Rar GII Rinhte Rncaniwi r~ano ~ of d
t,,r; STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
t'r9 N. INSPECTION AND REPAIR: Seller warrants that the ceiling, roof fincluding the fascia and soffits), exterior and interior walls, foundation, and dockage c
200 the Property do not have any visible evidence of leaks, water damage, or structural damage and that the septic tank, pool, all appliances. mechanical items
201 heating, cooling, electrical, plumbing systems, and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless
202 otherwise provided in an addendum. Buyer may inspect, or, at Buyer's expense, have a firm or individual specializing in home inspections and holding ai
203 occupational license for such purpose (if required), or by an appropriately licensed Florida contractor, make inspectidns of, those items within 20 days after the
204 Effective Date. Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in wrfting to Seller such items that do not mee
205 the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects nc
206 reported. If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided ii
207 Paragraph XII (b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller rs responsible to repair c
208 replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XII (b), Buyer or Seller may elect to pay such excess, failing whit
209 either party may cancel this Contract. If Seller is unable to correct the defects prior to Closing, the cost thereof shall be paid into escrow at Closing. For purpose
210 of this Contract: (1) "Working Condition" means operating in the manner in which the item was designed to operate: (2) "Cosmetic Condition" means aestheti
21 1 irnpertections that do not affect the Working Condition of the item, including, but not limited to: pitted marcite or other pool finishes; missing or tom screen:
212 fogged windows; tears, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caufkin
213 in ceilings, walls, flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks; and (3) cracked roof tiles, cunin
214 or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage c
215 structural damage, but missing tiles will be Seller's responsibility to replace or repair.
216 0. RISK OF LOSS: If the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 1.5% of the Purchase Price, co:
217 of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing. If th
218 cost of restoration exceeds 1.53'0 of the Purchase Pricy, Buyer shall either take the Property as is, together with either the 1.59'° or any insurance proceec
219 payable by virtue of such loss or damage, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract.
220 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, F.S
221 as amended, the escrow and closing procedure required by this Standard shall be waived. Unless waived as set forth above the following closing procedure
222 shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) if Seller's title is rendere
223 unmarketable, through no fault of Buyer, Buyer shall, within the 5 day pencil, notify Seller in writing of the defect and Seller shah have 30 days from date of retell
224 of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within
225 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reconve
226 the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all righ
227 against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale.
228 Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent's receiving furxis or equivalent is authorized and agrees by acceptance of them to depot
229 them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with tem~ts and conditions of this Contract. Failure of funds to clear sh<
230 not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold tY
231 subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of tt
232 parties, or Agent may deposit same with the cleric of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Ages
233 may represent such party in such action. Upon notifying aH parties concerned of such action, all liability on the part of Agent shag fully terminate, except to the exte~
234 of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, FS., as amendE'
235 Any suit between Buyer and Seller vvherern Agent is made a party because of acting as Agent hereunder, a in any suit wherein Agent interpleads the subject matt
236 of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid o om sanordi for m sdelivery to Buyer or Seller f lien
237 and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party per.
238 subject to the escrow, unless such misdeliveiry is due to willful breach of the previsions of this Contract or gross negligence of Agent.
239 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in suc
240 litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapt~
241 475, F.S., as amended, shall be entitled to recover from the non-prevailing parry reasonable attorney's fees, costs and expenses.
242 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid k
243 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration b
244 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or SeIIE
245 at Seller's opton, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketab
246 after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyei
247 deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
248 L CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any pub
249 records. This Contract shall bind and inure to the benefrt of the parties and their successors in interest. Whenever the context permits, singular shall incluc
250 plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall he as effective as rf given by or
251 that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of this Contract and ~
252 signatures hereon shall be considered for all purposes as an original.
253 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed,
254 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at tf
255 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise providxl for herein.
256 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. h
257 modification to or change in this Contract shall be valid or binding upon the parties unless in writing and exec c~ reynotreadi'e observable b bB b er odr b hi<
258 W. SELLER DISCLOSURE: There are no facts known to Seller materially affecting the value of the Property N Y y
253 Lave not been disclosed to Buyer.
260 X. PROPERTY- MAINTENANCE; PROPE~1' ACCESS; REC''AIFk STf-6i~CL3ARDS; faS51~aNf~EGdT OF L"Of~t~°f~faC h S F~~rb3 Jv~N RRAPdTEf.~: Seller shall rt~?a~r~t;=
261 the Property, including, but not limited to lawn, shrubbery, and pool in the canriition existing as of Effective Date, ordinary wear and tear excepted. Seller sh<
2~2 upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including awalk-through prior to Closing, to confir
263 that all items of Personal Property are on the Real Property and, subject to the foregoing, that all required repairs and replacements have been made, and th
264 the Property has been maintained as required by this Standard. All repairs and replacements shall be completed in a good and workmanlike manner,
265 accordance with all requirements of law, and shall consist of materials or items of quality, value, capacity and performance comparable to, or better than, th
266 existing as of the Effective Date, Seller will assign all assignable repair and treatment contracts and warranties to Buyer at Closing.
267 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into alike-kind exchange (either simultaneous with Closing or deferred) with respect to the Proper
268 under Section 1031 of the Internal Revenue Code ("Exchange'1, the other party shall cooperate in all reasonable respects to effectuate the Exchange, includir
269 the execution cf documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not I
270 contingent upon, ear e~3ended ar delayed by, such Exchange.
FAR/BAR-7s Rev. 7/04 ~ 2004 Florida Association of RFALTCRS'~' and The Florida Bar All Rights Reserved Page 4 of 4
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCWTION OF REALTORS• AND 7HE FLORIDA BAR
EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS}
Buyer's initials -Seller's initials: If to be made a part of the Contract.
1. Evidence of Title shall be defined as:
(a) Seller shall provide an existing prior Owner's or First Mortgagee Title Insurance Policy qualified for use as a title base for reissue of
coverage on the Real Property at the Purchase Price of the Real Property ("Prior Policy'ry together with copies of all exceptions thereto, if
requested. Seller shall, at Seller's option, pay for either: (1) an abstract continuation or; (2) a computer title search, from the effective date c
the prior Owner's Policy or in the case of a First Mortgagee Title Insurance Policy from the date of recording the deed into the mortgagor.
The abstract continuation or title search shall be ordered or performed by Buyer's closing agent; or
(b) IF A PRIOR POLICY DESCRIBED IN PARAGRAPH 1(a) ABOVE IS NOT AVAILABLE then Serer shalt, at Seller's option provide and
pay for either. (1) an alternative title evidence which is acceptable to Buyer's tifie insurance urxierwriter; or (2) a title insurance commitrneni
issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an Owner's Policy of Title Insurar
in the amount of the Purchase Price, insuring Buyer's title to the Real Property, subject only to liens, encumbrances, exceptions or quaiifia
lions provided in this Contract and those to be discharged by Seller at or before Closing.
2. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualfications contained in Paragraph VII. Marketab
title shall be determined accorciing to applicable Title Standards adopted by authority of The Rorida Bar and in accordance with law. Buyer
shall have 5 days from date of receiving the Evidence of Title to notify Seller in writing specifying defect(s) which render title unmarketable.
Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer shop, within 5 days after expiration of the 30 day
period, deliver written notice to Seller either: (a) extending the time for a reasonable period not to exceed 120 days within which Seiler shall
use diligent effort to remove the defects; or (b) requesting a refund of deposit(s) paid which shall be returned to Buyer. If Buyer fails to so not
Seller, Buyer shah be deemed to have accepted the title as it then is. Seller shah, 'lf title is found unmarketable, use diligent effort to correct
defect(s) within the time provided. If Seiler is unable to timely correct the defects, Buyer shah either waive the defects, or receive a refund of
deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Evidence of Title is delivered to Buyer less tfk
5 days prior to cbsing, Buyer may exter-d closing date so that Buyer shag have up to 5 days from date of receipt of Evidence of Title to exa
ire same in accordance with this Rider. If the escrow and cbsing procedure required by Standard P is not waNed, the Evidence of Title shat
be continued after Cbsing at Buyer's expense to show title in Buyer, without any encumbrances or changes which would render Seller's titlE
unmarketable from the date of the previous continuation.
3. Evidence of Title shall be certified or brought current through a date not more than 30 days prior to Closing. Upon Closing, the Evidenc
of Title shall become the property of Buyer.
Ri<d~r~ si~d o~rtftr~~t~ ~;an be ®~~aar~eci ~y ~c~re4~cteteg ~I®rede Leers Sea~~~~ ~e~a~e~, Iraq. ~40A~ S'f~-~5A1
FBCR-6 Rev. 7/04 ®2004 Florida Rsso:,iatia~ of REA~TORS® and The Florida Ber All Rights Reserved
Page of Comprehensive Rider to the FAFUBAR Contract for Sale and Purchase
If initialed by all parties, the clause below will be incorporated into the FAR/BAR Contract for Sale and Purchase betwE
(Sel:
and CITY OF MIAMI GARDENS (B~'
concerning the Property described aS EXHIBIT "A" ATTACHE HERETO
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS• AND THE FLORIDA BAR
RIGHT TO INSPECTION AND RIGHT TO CANCEL
Buyer's Initials -Seller's Initials: If to be made a part of the Contract.
1. Buyer shall have days from Effective Date ("{nspection Period"} within which to have such inspections of the Property per-
formed as Buyer shall desire and utilities shall be made available by the Seller during the Inspection Period. Any inspections permit
ted under Standards D ~ N which Buyer desires to make must be completed during the Inspection Period.
2. Buyer shall be responsible far prompt payment for such inspections and repair of damage to and restoration of the Property
resulting from such inspections. This provision shall survnre termination of the Contract.
3. If Buyer determines, in Buyer's sole discretion, that the condition of the Property is not acceptable to Buyer, Buyer may cancel tl
Contract by delivering facsimile or written notice of such election to Seller on or before expiration of the Inspection Period. If Buyer
timely cancels the Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be releas
of all further obligations under the Contract, except as provided in Subparagraph 2, above.
4. If Buyer elects to proceed with the Contract or fails to timely cancel the Contract on or before expiration of the Inspection Perioc
then the Contract will remain in effect and:
(a) If, during the Inspection Period, Buyer has conducted inspections permitted by Standards D or N, or both, and reports
defects, if any, requiring treatment, repair, or replacement under such Standards to Seller in writing within the Inspection Period, the
Seller shall pay up to the applicable amounts required by Paragraph XII(a) and (b); or
(b) If, during the Inspection Period, Buyer fails to conduct inspections permitted by Standards D or N, or both, or having con-
ducted such inspection(s), fails to report defects, if any, requiring treatment, repair, or replacement under such Standards, in writinc
to Seller within the Inspection Period, then Buyer shall be deemed to have waived Seller's warranties and obligations of treatment,
repair or replacement as to defects not reported.
Rra~~rs aced o~ctfcac4~ cap ~r~~~ii~e~ b~ cc~¢~~ac~a~~ ~~®ri~~ Lawy~~s ~~~p~rt Becegiioe~$ 1~~. iv~E~7~ ~~ ~~ ~~1
FBCR-6 Rev. 7/04 ®2004 Fforide Association of REALTORS® and The Florida Bar All Rights Resen/ed
Page of Comprehensive Rider to the FAR/BAR Contract for Sale and Purchase
If initialed by all parties, the clause below will be incorporated into the FAR/BAR Contract for Sale and Purchase betwe
('ORF D VELOPMENT HOLDINGS CORPORATION f/k/a CRFSLTN OF FLORIDA TN(' (Sel
and ['TTY OF MIAMI ARDENS (BAY
concerning the Property described as EXHIBIT "A" ATTACHED HERETO
LEGAL DESCRIPTION
14 52 41 SUNSHINE STATE INDUSTRIAL PK SEC 1 PB 76-75 LOT 13 &
SW 1/2 OF LOT 14 BLK 3 LOT SIZE 43500 SQUARE FEET OR 19108-
1172 0500 1 (Folio Number 34-2114-007-0310)
together with:
14 52 41 SUNSHINE STATE INDUSTRIAL PK SEC 1 PB 76-75 NELY1/2
LOT 14 & ALL LOTS 15 & 16 & SWLY 50FT LOT 17 BLK 3 LOT SIZE
87000 SQ FT (Folio Number 34-2114-007-0310
together with:
SUNSHINE STATE INDUSTRIAL PK SEC 1 PB 76-75 LOT 17 LESS
SWLY50FT & LESS BEG NELY COR LOT 17 TH SWLY215.69FT
NWLY181.79FT E282.08FT TO POB BLK 3 (Folio Number 34-2114-007-
0330)
EXHIBIT "A"
ADDENDUM
THIS ADDENDUM is hereby made to that certain Contract For Sale And
Purchase between CORE DEVELOPMENT HOLDINGS CORPORATION f/k/a
CRESLIN OF FLORIDA, INC., as Seller, and CITY OF MIAMI GARDENS, as Buyer,
and provides as follows:
1. Section 1. (DESCRIPTION) is hereby amended to include that certain
personal property outlined on the Furniture Inventory, attached hereto as Exhibit "1".
2. Section II. (e) (PURCHASE PRICE/PAYMENT) is hereby amended to
provide that the purchase price is $5,100,000. It is further amended to provide that the
balance due to close shall be $5,105,381.25 which represents the balance due on the
purchase of the real property ($5,090,000.00, plus the sum of Fifteen Thousand Three
Hundred Eighty-One and 25/100 ($15,381.25) Dollars which represents the amount of
money provided by Buyer to the Seller for furnishings to be left at the Property.)
3. Section V. (TITLE EVIDENCE) is hereby amended to provide that Buyer
at Buyer's expense shall provide a title insurance commitment five (5) days prior to
closing.
4. Seller, subject to the approval of the Buyer, shall release that certain
Agreement & Covenant Running With The Land recorded at Official Records Book
16486, Page 3793 of the Public Records of Miami-Dade County, Florida, and that
certain Restrictive Covenant Running With The Land recorded in Official Records Book
13479 at Page 2159.
4. All of the terms and conditions of the Contract For Sale And Purchase,
other than as set forth herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have duly executed this First Addendum as
of the date set forth below.
Purchaser: Seller:
CITY OF MIAMI GARDENS CORE DEVELOPMENT HOLDINGS
CORPORATION f/k/a CRESLIN OF
FLORIDA, INC.
By: By:
DANNY CREW, CITY MANAGER
Its:
AS ATTESTED TO BY President
Dated:
RONETTA TAYLOR, CLERK
Dated: Corporate Seal:
Approved as to Form and Legal Sufficiency:
Sonja K. Dickens, City Attorney
128922_1.DOC
2
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Q~~~~ ~
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~~~
o~ FLOR~ .
)eb Bush
Governor
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Apri124, 2006
CERTIFIED -RETURN RECEIPT
~D~o c~~o c~~~ ~/1.3~ '759
Mr. Richard B. Stalzer
Director, EHS Consulting
Ferro Corporation
7500 East Pleasant Valley Road
Independence, Ohio 44131
~~Mr. Karry B aker
Ntera Holding, Inc.
.,~
1 VLV 1V VY 1VJ V L11VG
Miami, Florida 33169
SUBJECT: Ntera Holding, Inc. (f.k.a. Radiant Holding Inc.)
Former Ferro Corporation FRP Plant, Miami, Florida
EPA I.D. Number FLD 004 120 382
Dade County
Dear Messrs. Stalzer and Baker:
Colleen M. Castille
Secretary
The Florida Department of Environmental Protection (DEP) has completed its review of
the documents generated to support the certification of completion of closure of the
hazardous waste facility identified above. The former Ferro facility is located at 1020
NW 163rd Drive in Miami, Dade County, FL 33169. The former Ferro facility in Miami
was a fiberglass reinforced plastic plant that began manufacturing at the site in 1961.
The following documents were used by the Department to ascertain compliance with
state closure requirements.
• Final RCRA Facility Assessment Report dated May 25, 2004.
Confirmatory Sampling Plan dated April 20, 2005 and sampling conducted on
August 17, 2005.
"More Prot?coon, Less Process"
Department of
Environmental Protection
Printed on recycled paper.
Mr. Richard B. Stalzer
Apri124, 2006
Page Two
Final Sampling Report, Case Development Investigation/Evaluation (CDIE) dated
February 7, 2006.
These documents confirm that Ferro Corporatio eral Reculationls (CFR)1264 lO1.tThe
closure requirements set forth in 40 Code of Fed g
Department further determines that Ferro Corporaai~e ontamenat d run ff or hazardous
all hazardous waste, hazardous constituents, leach ,
waste decomposition products related to industrial use of the property have been
controlled,` minimized, or eliminated to the extent n he CRF se P ons referen edi n thisnd
the environment, as required by 40 CFR 264.111. T
paragraph have been adopted as state rules in Chapter 62-730, Florida Administrarive
Code (F.A.C.).
This determination constitutes final agency action within th a e affec e d by thpt Ord O,
Florida Statutes (F.S.). Persons whose substantial interests
including Ferro Corporation and Ntera Hold~ngFeltt~ •('omor tiond45 day penod begins
n,;tl;ner~ in Fgh;hit 1, incnrnnrate~l herein: __. _ - eriod be rnS On the
on the date of receipt of this letter. The Ntera Holding, Inc. 45-day p g
date of receipt of this letter.
In addition, Ferro Corporation has appellate rights as set forth in Exhibit 2.
Ferro Corporation must publish the text of Exhibit 1 Notice of Rights for Publication
within ten (10) days of receipt of this Order, in a newspaper of general circulation in
Miami, Florida, and provide the Department with proof of publication within ten (10)
days after receipt of such proof.
erro Co oration should also prepare a "Change of Status" form (enclosed) as required
F ~
by rule 62-730.150(2)(b), F.A.C., and send the completed form to the Department s
Tallahassee office at the letterhead address within sixty (60) days of receipt of this letter.
Mr. Richard B. Stalzer
April 24, 2006
Page Three
If you have any questions concerning this matter, please contact Bheem Kothur at 850-
245-8781.
Sincerel
Charles F. Goddard, Chief
Bureau of Solid and Hazardous Waste
CFG/bk
cc: (without enclosure)
Jon Johnston, EPA/Region 4
Rebecca Hoffman, EPA/Region 4
Robert Morris, EPA/Region 4
Engin Y esil, Creslin of r lorida, lnc. Miami
Steve Brown, DEP/West Palm Beach
Mayor, City of Miami
Chair, Dade County Board of County Commissioners
Don Palmer, U.S. Fish & Wildlife Service
Mary Ann Poole, Florida Fish and Wildlife Conservation Commission
EXHIBIT 1 (Notice of Rights for Publication)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF AGENCY ACTION
The Department of Environmental Protection gives notice of its determination to accept a No
Further Action (NFA) recommendation from Ferro Corporation under EPA I.D. number FLD 004
120 382. The NFA concludes that soil and/or groundwater contamination at its former
manufact<iring facility located at 1020 NW 163`d Drive, Miami, Florida 33169 has been
effectively removed or decontaminated, and will be closed accordingly. Documents supporting
the deternination are available for public inspection during normal business hours, 8:00 a.m. to
5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental
Protection, 2002 Old St. Augustine Office Park, Building D, 2002 Old St. Augustine Road,
Tallahassee, Florida, 32301 and at the DEP Southeast District Office, 400 North Congress
Avenue, West Palm Beach, Florida 33401.
This determination is final agency action of the Department.
Persons whose substantial interests are or will be affected by any determination of the
Department with regard to the NFA recommendation have the right to petition to for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S.. The petition must
c/~ontain the information set forth below and must be filed (received) in the Department's Office of
1 ~PTPraI ~~unSel '~onn r~ . . ,7 ~~ro ?c ~r,.it t, t~i~~...:a.. ~~~nn ~nnn
within 45 days of the date of this notice. A copy of the petition~must` also be mailed at the time of
filing to the Department address indicated above. The failure of any person to file a petition
within the time limit constitutes a waiver of that person's right to request a hearing
The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner; (b) A statement of how and
when each petitioner received notice of the Department's determination; (c) A statement of how
each petitioner's substantial interests are affected by the determination; (d) A statement of the
material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends
warrant reversal or modification of the determination; (f) A statement of which rules or statutes
petitioner contends require reversal or modification of the determination; (g) A statement of the
relief sought by petitioner, stationer, stating precisely the action petitioner wants the Department
to take with respect to the determination.
Mediation is not available in this proceeding.
EXHIBIT 2
Judicial Review
Any party to this determination has the right to seek judicial review pursuant to Section 120,68,
F.S., by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure,
with the Department clerk in the Office of the General Counsel, 3900 Commonwealth Boulevard,
MS-35, Tallahassee, Florida 32399-3000. The Notice of Appeal must be received by the
Department clerk within 30 days from the date at the top of the first page of this determination.
Simultaneously with filing a Notice of Appeal with the Department, the party must file a copy of
the Notice of Appeal with the applicable filing fees, with the appropriate District Court of
Appeal.
DEPARTMENT OF
•.,,~ ~ ENVIRONMENTAL PROTECTION
BHEEM.KOTHUR@DEP.STATE.FL.US xazsrdt,urwastaNegalae7ue
Division of Waste Management (sso) gas-s7o~ (MAIN)
Bturau of Sotid and Hazardous Waste (830) 243-8781 (DIRECT)
2600 Blair Stone Road MS 4360 203-8781 (SUNCOM)
Tallahassee, Florida 32399-2400 FAX: (850) 245-8810
wv i ne~lsl l-LIJKIUA "
D(STRiCT
P.O. BOX 3858
3301 GUN CLUB ROAD
WEST PALM BEACH, FLORIDA 33402-3858
September 23, L985
FAQ A BHEEM R. KOTHUR, P.E., DEE
Diplomats Envltronmental Engineer
Project Engineer and Manager
Technical Support
Mr. H. W. Fi.sttkin, Pres.
1`fOaS,}rf
~L~c .
- ~. ipR(:0~.
STATE ,OF FLORIDA ~ _~ /e h a'~ ~ `~
-ENVIRONMENTAL RE~ULATIDN~°-~I(ic..w~.`e-~ ~ y`.~,
~ l ~ ~/
,~~i~-^%-~_~ 808 GRAHAM~'~
__ -~-.--~_ '~~ GOVERNOR
~,~ ' VICTORIA J. TSCHINK£L
~~ ~~~' SECRETARY
~~/ ROY M. DUKE
~rr'~rFOf fi0~~" DISTRICT MANAGER
I)acte CouttCy
11W - Ferro Corporation
Coating Division, Ferro Corp. I _
4150 E. Sb Street ~ ~'~`'
P. O. Box 6550 ~~~~~ ;,~/.•
Cleveland, Ohio 44101 /rr'`' 'r f`'
Dear p1r. Fishkin; ~ ~ ~~ •' p
(_~ ~r~.t.t ~.
RE: Closure uE Ferro•'a Miami,,, Florida Faci [ity (Hazardous Waste '' l'~,:
Closure Permit Number•`HF:'113.-.0.9'3:34-9;'';:iasued April 24, 1985). t-
\\\l r ' '"
In your May 24, 1985 Letter, a "Professional F,ngineer's CertiEi- ~ (:~.
cation of RCRA Closure was enclosed for Ferro's plant at 1020 N.
W. l63 Drive; Miami, FL. This certification (received by the
Department on Jttne 3, 1985) states that clu5ure was completed on
January 18, 1985.
The Department conducted an inspection of fit? Facility on August 1,
198.5. (See attached inspection report.) ,
Based upon the information currently available, fire Department
believes that this matter can be closed. tJu fttrttter action iy
necessary, tireless and until the Department receives information to
the contrary.
If you have any questions, please call Charlc~ Ouseph or my staff
at 305/639-5800.
Sincerely,
~~ , ~ ,. ,
Rohr r~. Uuke SEP
District Alanager ~ 7 1985
R MD : j r s/ 2 Natai•daus Waste
Attachment
cc: Craig Diltz, DER/Tallahassee
Metro=bade County Environmental Resource Management
Keith Cotatnarino, FPA Region IV
~i
AN EQUAL Of'f'nRTUNITY/AFFIRMATIVE AC'll!?t~ t: htl'1_t~YF.n
NOTICE OF POTENTIAL HAZARDOUS WASTE NON-COMPLIANCE -Page 1 of 2
FACILITY NAME
t~%E ~~' rt~r~..~~~~, a, ~~v~
ADDRESS _
{oaf ~~ f ~ 3 Sl
EPA ID NUMBER
TYPE OF INSPECTION:
CITY
~ ~ I !~I'1 J
DATE //OF NSP CTION
~J~~~~~
FOLLOW UP CAV INSPECTION WITHIN 120 DAYS: ^ YES
CEI
^ NO
CI: ^ OTHER: ^
~~. E ZIPS ~DE~~t
PAGE OF
A hazardous waste/used oil compliance inspection was made this date, under the authority of Section
403.091, Florida Statutes (F.S.), to determine your facility's compliance with Chapter 403, F.S. and Chapters
62-730 and 62-710, Florida Administrative Code (F.A.C.). Provisions of Title 40 Code of Federal Regulations
(C.F.R.) Parts 260 through 268 and 279, which are cited on this form, have been adopted by reference as the
state hazardous waste and used oil rules in Chapter 62-730 and 62-710, F.A.C. The following potential items
of non-compliance were identified by the inspector(s). This is not a formal enforcement action and maY
not be a complete listing of all items of non-compliance which exist at the time of th-s inspect-on.
GENERAL REQUIREMENTS:
^ Failure to ensure delivery of HW to proper HW facility § 261.5
^ Failure to provide hazardous waste determination § 262.11
^ Failure to notify as generator § 262.12
V Failure to use a manifest or reclamation agreement § 262.20
^ Failure to provide personnel training § 265.16, 262.34
^ Evidence of release(s) of waste § 265.31
^ Facility exceeds 90/180 day time limit § 262.34
USED OIL VIOLATIONS:
^ Failure to label containers § 279.22
^ Failure to respond to releases § 279.22
^ Failure to document used oil disposal § 279.10
CONTAINER MANAGEMENT:
^ Unlabeled containers § 262.34
^ Undated containers § 262.34
^ Leaking or bulging containers § 262.34
V Open containers § 265.173
^ Inadequate aisle space § 62-730.160
RECORDKEEPING REQUIREMENTS:
^ Manifests § 262.40, § 262.44
^ Training records § 262.34
^ Contingency Plan § 262.34
^ Weekly Inspection records § 62-730.160
^ Information not posted by phone § 262.34
^ Authorities not notified § 262.37
MATERIALS PROVIDED to assist in accomplishing corrective actions
^ DEP Small Quantity Generator Handbook ^ EPA Managing Used Oil
^ EPA Understanding the Hazardous Waste Rules ^ Environmental Yellow Pages
^ EPA Notification of Regulated Waste Activity ^ List of HW/Used Oil Transporters
^ Florida Automotive Recyclers Handbook ^ Antifreeze Recycling Vendors
Florida Fact Sheets
^ Antifreeze for Recycling /Waste Antifreeze ^ Other:
^ Summary of Hazardous Waste Regulations ^ Other:
^ Summary of Used Oil/Used Oil Filter Regulations ^ Other:
^ Other:
^ Other:
^ Mercury Lamp Recyclers
^ Other
^ Other
^ Other
HAZARDOUS WASTE INSPECTION EXIT INTERVIEW SUMMARY, NOTICE OF POTENTIALVIOLATIONS
Page 2 of 2
ITEMS REQUESTED OR RECOMMENDATIONS BY THE "INSPECTOR":
OWNER/OPERATOR COMMENTS:
The owner/operator is hereby requested to submit in writing, within -days of this inspection, 1) a description
of all corrective actions taken, 2) a schedule for completion of corrective actions to be taken and; 3) a ~~`~j't~"~, ~ -; -
description of efforts to prevent recurrence of the above items to the person signing as "INSPECTOR", Flonda
Department of Environmental Protection, 400 North Congress Avenue, Suite 200, West Palm Beach, FL __ __ __;
33401. The actions taken within _ days of this notice will be considered in determining whether enforcement,
including the assessment of penalties, should be initiated. ~ 7~~
IF YOU HAVE QUESTIONS, contact: I~,~'X~r~ ~'J at (56/1) 681=6600.
« r ~ ~-- Date: ~~ (~ ~/ ~~
INSrECTIR (signature): CC-~ x..~t- f,~~~"~~
__ . __ _____ ~_.._~.. ,,,.~.,,,...Isano~ than hp~cne received a coov of this notice and
~/ ,~%" /' PRINTED NAME: ~~ ~ ,ice ~~/~
f ~~ DATE:
~ ,~ ~{/ f ~'<~ f ._" ,'~~r '~~ jam.-~~f.;
t~a~t
DEPARTMENT OF
~ ENVIRONMENTAL PROTECTION
F~ A STATE OF FLORIDA
Southeast District
KAREN E. KANTOR
Permitting Coordinator
Hazardous Waste Compliance/Enforcement
400 N. Congress Avenue (561) 681-6720
Suite 200 SunCom: 226-6720
West Palm Beach, FL 33401 Fax (561)681-6770
(561) 681-6600 Karen.E.Kanto ccdepstate.fl.us
ss
~ ~ DL'PA
RTIHPNT OF
B
~IRON~~AL
FL A PROT8C1'ION
_ S Sou beast DiORIDA .
strict ~ ,
MICI-IELLE 1~gTE1ICq
Environrnen~l
400 N. Congress Ave Specialist
Hazardous Waste Compliance/Enf.
nue
Suite 200
Vest Palm Beach, FL 33401
(561) 68]_6600 (561) 681-671 g
SunCom: 226
6
.
718
Michelle.Matejkx (561)681-6770
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U ir~ ~'
Ci o Miami Gardens
rJ' .f
1515 NW 167` Street, Bldg. 5, Suite 200
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Williams
1VIQVVIOREINDUM
To: The Honorable Mayor and City Council Members
Thru: Danny O. Crew, City Manager
From: Jay Marder, Development Services Director
Date: April 11, 2007
Subject: City Property Purchase and Release of Restrictive Covenant for Parking
The City of Miami Gardens proposes to purchase a certain portion of Lot 17, Block 3,
Sunshine State Industrial Park located on NW 163rd Drive in the Sunshine State Industrial
Park. The property is currently improved as a parking lot and is fenced. A restrictive covenant
that applies to this property, known as the "Parking Lot Parcel" in the covenant, provides an
unspecified number of pazking spaces to property located at 1080 NW 163`d Drive, known as
the "Parcel" in the covenant. See attached map. This restrictive covenant appeazs to have
conditioned the county's initial site plan approval of the Pazcel to insure compliance with
Miami-Dade Zoning Code Section 33-128 which allows the off-street parking requirement to
be met at a nearby property if within 300 feet of the use in question. The restrictive covenant
provides that the Director of the Building and Zoning Department may approve a change in the
off-street parking-related covenant if a determination is made that appropriate zoning
requirements and regulations are in compliance.
Observation of the Parcel shows it is occupied and that it includes significant parking area,
more than many similar properties in the immediate area. The City has been informed that the
building on the Parcel is occupied with high tech communication switching hardware including
but not limited to the equipment associated with a communication tower observed on site.
While the property appeazs to have been developed as a generic warehouse use, the current
specialized and costly electronic facilities are considered to be permanent and subject to
minimal change. Several Cleartel vehicles and passenger cars were observed on site. The
property has been observed at several times during the business day and there have always
been numerous vacant pazking spaces available. By contrast, several uses in the immediate
area cleazly evidence inadequate parking facilities with parking occurring in adjacent road
swales.
Based on the above findings, a determination is hereby made that the Parcel at 1080 NW 163`d
Street has adequate off-street pazking facilities on said property that meets the intent and
purpose of requirements of the Zoning Code of Miami Dade County. As such, release of the
restrictive covenant for off-street pazking at the Pazking Lot Parcel, Lot 17, Block 3, may be
rescinded in the manner prescribed in said covenants. Recommend authorizing staff to
proceed to rescind such Restrictive Covenant and Agreement.
Attachments: Map, Restrictive Covenant Running with Land,
Agreement and Covenant Running with the Land
Parking ~®t Parcel
Parcel
Restrictive Covenant for Parking
EEC 13479P; 2159
c
RLBTRICTIVE COVSN7INT RUNNIlW 11IT11 L]IND
(Pursuant to Section 33-128 of the Code
oP Metropolitan Dade County,.., Florida)
WHEREAS, the undersigned is the, owner or has a right,
title or interest in the following described real property lying,
being and situate in Dade County, Florida, to-wit:
Lot 12, Block 3, SUNSHINE STATE INDUSTRIAL
PARlf, SECTION ~ ONE, recorded in .Plat Book 76,
Page 75, Public Records of Dade County,
Florida.
which property is located at:
1080 N.W. 163rd Drives, Miami, Florida
Gp 1'~ 3 ~ t t~
and,
WHEREAS, the undersigned are familiar with Section 39-
128 of the Code of Metropolitan Dade County, Florida, which
provides:
a
"Off-street parking areas shall be located on
the same lest, pa reel or premises as the use to
be served; provided, if the use to be served
is a business or commercial use, the parking
area therefor may be on a lot or parcel of
land that is in an IU or BU district and is
within 300 feet~fcom the site of such buaineea
or commercial use to be served; provided each
business or commercial uses shall immediately
terminate in the event such parking area
therefor is not available and all those having
any right, title or interest in end to such
buaineea or commercial use property site shall
execute and place on public records of this
county a covenant approved by the director
that such business or commercial uses shall
cease and terminate. upon the elimination of
such parking area, and that no business or
commercial use shall be made of such property
until the required parking areas is available
and provided."
AND WHEREAS, the undersigned desires to comply with the
provisions oP Section 33-128 of the said Code.
NOW,.THEREFORE, the undersigned agraee~ to comply with
the terms and provisions of said section of said Code and related
sections of said Code and desires to do everything necessary in
This Instrument Prepared By:
Lester L. Goldstein, Esq.
Stearns WAavar M111er Weissler
Alhadeff & Sitterson, P. A.
2200 Museum Tower
150 West Flagler Street
0
00
w
cn
ti
cn
~~=
~t~ 13~79P~ 2160
order to continue to so comply and to further evidence its intent
to so comply, dose hereby further covenant and agree that no
business or commercial use shall be made or continued on the above
described real property unless there is at all times within three
hundred (300') feet of the site oP said property sufficient off-
street parking located in a business pr industrial zoned district
that complies with the requirements as provided in the Dade County
zoning regulations, Code and ordinances;, such off-street parking
to serve and be for the use of the above described property.
That the of!-street parking to serve the above described
property is located on the following described property:
Lot 17 Leas the Southwesterly 50 felt thereof,
81ock 3, SUNSHINE STATE INDUSTRIAL PARK
SECTION ONE, according to the Plat therapf as
recorded in Plat Book 76, page 75 of the
Public Records of Dade County, Florida, and
also Less the following described portion
thereof:
Commence at the Northeasterly corner of said
Lot 17; thence run Southwesterly along the
Southeasterly line of said Lot 17 for a
distance oP 215.69 feet to a point; thence
deflecting to the right to an angle oP 90•-
00'00" to the previously described course run
Northwesterly for a distance of 182.79 feet to
a point on the Northerly line of said Lot 17;
thence run Easterly along the Northerly line
o! Lot 17 for a distance of 282.08 feet to the
POINT OF BEGINNING.
All lying and being in Dade county, Florida and the came
shell not be changed to another ofP-street parking site. without
the approval of the Director of the Building and Zoning Department ~ e
in order that he may determine iP the new location complies with
appropriate zoning requirements and regulations.
That nothing herein contained shall in any way vary the
undersigned's agreement to comply with the provisions of
Section.~3-128 0! said Code or any other 'sections or provisions to
which it relates by implication or otherwise directly or
indirectly and that this instrument shall be deemed a covenant
running with the land aforedescribed and is considered as
conditions and limitations and restrictions on the use of such
-2-
pE~ 1347~P~ 2161
land until released by the Director O! the 8uildinq and 2oninq
Department o! Dade County, Florida, or hie successor or the Pirst
assistant in -the absence oP such director or his successor.
IT IS HEREBY understood and agreed that this instrument
and covenant runriinq with the land ie binding upon. the
undersigned, its successors, assigns and heirs Forever and is
given Eor good and valuable considerations and in order to comply
with. such zoning regulations which are hereby acknowledged to be
valie regulations for the benefit oP the public.
it is understood that this instrument shall be recorded
in the public records of Dade County, Florida.
IN WITNESS WHEREOF, the undersigned has caused these
presents to be signed in its name.
PRECISION REALTY
ts~neral YarLner
r
STATE OF FLARZDA) v
)SS:
COUNTY OF DAOE )
I hereby certify that on this 'day, before ma, a Notary
Public duly authorized in the state and county named above to take
acknowledgments, personally appeared Elmer A. Hurwitz, to me known
to ba the person who executed the foregoing instrument, and.
acknowledged before me that he executed the same.
Witriess my hand and official seal in the county and
state named above this ~3 day of October, 1967.
~~
'Notary Public
~„ Commission Expicea:: ~ '(U:~.i
3,
v: ~''' ~~ ' ~ ,
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NatN•t r•~MI IC ;t61E Uf flUUlll~ ' V•~
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Rtr.
STATE OF FLORIDA)
)SS:
COUNTY OF DADS )
I hereby earthy that on this day, before me, a Notary
Public duly authorized in•the state and county named above to take
acknowledgnants, personally 'appeared Robert 5. Hutwitz, to me
known to ba the person who executed the Foregoing instrument, and
acknowledged before me that he executed the same.
witness my h nd and official seal in the county and
state named above this, day of February, 1987.
Notary Publ c nand for
the State o! Florida ,_. ''
My CommiaeloR EXpirea : Ior~Rr .MOC is si.ur ~y «u~luA' 4. ~•' ,~' • , t
Ir cue~l:.,inl nr. ;ivr :,17 1
10MRD tHfIU 6EIExAI 115, nlp, ~~ .", ~~ ~f •
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JOINDER BY MORTGAGEE •.,~sfaiE•Of•,~;.
"''~,
y.....„..~~•
The undersigned, Flagler -Federal Savings and Loan
Aseociacion of Miami, a national banking association, Mortgagee,
under that certain mortgage Erom Precision Realty, a Florida
General Partnership, dated the 20th daffy of September, 1985, and
recorded in Official Records Book 12645, Paqe 1564, o! the Public
Records of Dade County, Florida, in the original principal amount
of $697,000.00 covering all/or a portion of the property described
in the foregoing agreement, do hereby acknowledge that the terms -
ot this agreement are and shall be binding .upon the undersigned
and its successors in title.
IN WITNESS WHEREOF, these presents have been executed
this ;LA day of October, A. D. 1987.
FLAGLER FEDERAL SAVINBS
ASSOCIATION OF MIAMI ~1~~ ~ ~ ~b•~
ban q association .: ~~~ : 6D ••.,'
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-~ ~ RED I3479P.2.163 _ ' • '
STATE OF FLORIDA)
)8Ss
COUNTY OF DADS j
SFOR$ 1~, the undersigned authority, this day appeared
being well known to me and known by me to be
the ,o! Flagler Federal Savings and Loan Association
of Man a national banking association, and which said
Association is known by ma to bs the person described in snd which
executed the foregoing instrument, the said officer of the said
Association being likewise known by ae to ba the o!licer thereof
who, in his otlicial capacity as such officer of said Association,
executed, signed' and delivered the ssid instrument ae an act and
deed of the said Association and in' its name, and impressed
thereon •its Corporate seal for the uses and purposes therein
mentioned alter being duly authorized and directed.
Witness my hand and official seal in the oa ptgjy'fltui
state named above this~~ day of Oct bar, 1987. :•t~~ ~ `~l"
r'
My Commission Expires:
w-llg 8101.028
/ ~ ~' U .r.
N Lary publ c n O! ; ,; • ,
e 6tate of Flori I~~?Lar~~;%,
/"y. n STAN' .'~
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R[CFIAAD P. BRIIV[EI1
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tsar, saunas a bases, ~a.
trot sctoR.u -.~..
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ltii~4l,T fr 1,1 lr/ El9. FiUI ~~ (3:GJ.
AGRBSlIBNT AND COVBNANT RONIiING WITH TNB LAND
TSIS AGRBBIB{N'P (the "Agreement" } is made and entered into this
~~ day of August, 1994, by and between PRSCISIOIi RBkLTY, a
Floridn general partnership ('Precision") and ADVAWCSD TBLffiDU
INTERNATIONAL, INC., a Florida corporation ("ATI"~.
PRBLIIlINARY STATBMBNTS
A. Simultaneous with the execution hereof, Precision is
conveying to ATI the following described reel property (the
"Property"), lying, being and sitaate in Dade County, Florida, to
wits
Lot 12, in Block 3, of SDNSHINB STATE
INDDSTRLIIL PARK, SBCTIOtI OHS, according to the '~~
Plat thereof, recorded in Plat Book 76, at
Page 75, of the Public Recarda of Dada County,
Plorida,
which property fs located at 1080 N.W. lb3rd Drive, iiiami, Florida.
B. In order to comply with the previsions of Section 33-128
of the Code of Metropolitan Dade County. Florida (the "Code"),
Precision executed a Restrictive Covenant Rutu~inq with Land which
was recorded on November 17, 1997, in Official Records Book 13479,
at Page 2159, of the Public Aecords of Dade County, Florida (the
"Covenant") and which provides, in pertlnent part, that off-street
parking to serve the Property is located on the following described
property (th® 'Parking Lot Parcel"), to-wit:
Lot 17, lees the Southwesterly 50 feet
thereof, Block 3, SONSHINB S?ATS IIiDaSTR.UL
PARR SBCTION ONS, according to the Plat
thereof ae recorded !n Plat Baok 76, at Page
75, of the Public Records of Dade County,
Florida, and also less the following described
portion thereof: '
Comeence at the Bortheaeterly comer of said
Lot 17; thence ran Southwesterly along the
Southeasterly line of said Lot 17 for a
distance of 215.69 feet to n point; thence
deflecting to the right to an angle of 90~-
00'00• to the previously described course run
Northwesterly for a distance of 181.74 feet to
a point oa the Northerly line of said Lot l7;
thence run Basterly alpnq the Northerly line
of Lot 17 for a distance of 282,08 feet to the
POINT'OF HSGINNING.
C. Precision and ATI desire, among other things, to confirm
that the Pnrkinq Lot Parcel shall continue to serve the Property
for purposes of off-street parking.
''~'~ 10486~C3194
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NOR T~RBPORS, in consideration of the preuiaee and of the sum
of TEN DOLLARS ($10.00) and other good and valuable consideration,
Precision and ATI agree as follows:
1. The foregoing preliminary statements are true and correct
and are incorporated herein by this reference.
2. Precision hereby confirms the terms of the Covet-ent and
further grants to the owner of the Property, to the extent not
already granted in the Covenant, the right to the non-exclusive-use
of the Parking Lot Parcel for the sole purpose of off-street
parking in connection with the use of the Property and for no other
purpose, it being the intent of the parties that the ownes oP the
Property shall always have sufficient alternative off-street
parking to comply with Section 33-128 of the Code.
3. ATI covenants that if Precision shall ao request at •ome
time in the future, ATI will release this instrument of record and
execute such further instruments so as to release the burden on the
Parking Lot Parcel created hereby, provided that the parties
execute such substitute documentation as may be required and
approved by the Director of the Dade County Building and Zoning
Department, or his successor or the first assistant in the absence
of such director or his successor. It is the intent of the parties
that the owner of the Parking Lot Parcel shall be permitted to
release the burden of this instrument thereon provided that the
owner of the Property shall always have sufficient alternate off-
street parking to comply with Section 33-128 of the Code.
4. The covenant contained in ParagrapR 2 of this instrument
shall ba deemed a covenant running with the land which is
appurtenant to the Property and which is a burden upon the Perking
Lot Parcel. The covenant contained in Paragraph 3 of this
instrument shall ba deemed a covenant running with the land which
is appurtenant to the Parking Lot Parcel and which is a burden upon
the Property.
5. The foregoing covenants may not be released, altered or
modified unless by an instrument signed by both parties and
recorded in the Public Records of Dade County, Florida.
6. This Agreement And Covenant Running with The Land is
binding upon the undersigned, their successors, esaigna and heirs
forever, including without limitation, any successors in interest
in the ownership of the Property and/or the Parking Lot Parcel,
respectively.
Ili WITlIBSS T~RBOF, this Agreement has been executed as of the
date first above written.
Signed, sealed and delivered
in the presence ofs
U1I ~ SBS: PRECISION REALTY, a Florida
general artnersh p
t Nam v By:
ELaer Hurwit
General Partner
tint am :
ADVANCED TELEMSMEDIA INTERNATIONAL,
/~ INC., a F1o=ida corporation
Natse: a 2v° By: ~ : i~l~.,, .
Jorge•.Ramos, President
int N e:
~nobry wknorloAp~~onu eppo~r an neat p~q~~
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STATE OF PI.ORIDA )
) se:
couNTY of DADe ~
The foregoing instrument was acknowledged before me this
day of August, 1994, by Elmer Hurwita, as General Partner, on
~ag:€ o~f P is salty, a Florida general partnership. He is
~reona 1-I y known to or has produced as
identi cam o and he did take an oath.
• ~ ~ `~
Comial.asion Nos
Notary Public
State of Florida at Large
My commission expires:
STATE OF FLORIDA )
sac
COUNTY OF DADE )
O`'8Y Pie' JE/pllt ! lfYIOIAL
~ ~ y C0YYI!liON MYYlmR
CC97667Q
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oFf~~ JUNE 11iia
The foregoing instrument wne acknowledged before me this
/~ day of August, 1994, by Jorge Ramos, as President, on behalf of
Advanced Telemedia International, inc., a Florida orporeCion. He
is personally latown to me or has produced ~ ~,~. ~,~t ,r ucAlr as
identification and he did take an oath.
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amlmies on No:
Notary Public
State of Florida at Large
My commission ezpirea•:
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HARVEY RUYIN
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