HomeMy Public PortalAboutLTC 005-2014SAL H OUR
F LORI DA'S PARADISE
OFFICE OF THE VILLAGE MANAGER
NO. 005-2014
TO: Mayor Jean Rosenfield and Members of the City Council
FROM: Jorge M. Gonzalez, Village Manager
DATE: April4, 2014
LETTER TO COUNCIL
SUBJECT: Summons from Flamingo Way Enterprises,LLC v. Bal Harbour Village
The purpose of this Letter to Council (LTC) is to inform you that we received the above titled action today at Village
Hall. I have enclosed a copy to each of you to review. Village Attorney, Richard Weiss, will be calling each of you,
individually, to discuss this.
If you have any questions, please feel free to contact me.
JMG/AG
Adm in/Manager/Andrea
FLAMINGO WAY ENTERPRISES, LLC, a
Florida limited liability company,
Plaintiff,
V.
BAL HARBOUR VILLAGE, a Florida
municipal corporation,
Defendant.
THE STATE OF FLORIDA
To Each Sheriff of the State:
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION
CASE NO: 14-8812 CA 01
SUMMONS
YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the
Complaint in the above -styled case upon the Defendant:
BAL HARBOUR VILLAGE
c/o Jean Rosenfield, as Mayor
Bal Harbour Village Hall
655 96th Street
Bal Harbour, Florida 33154
The Defendant is hereby required to serve written defenses to the Complaint on Plaintiff's
attorneys, whose name and address are:
Angel A. Cortinas, Esquire
Jonathan H Kaskel, Esquire
GUNSTER, YOAKLEY & STEWART, P.A.
One Biscayne Tower, Suite 3400
2 South Biscayne Boulevard
Miami, Florida 33131
within 20 days after service of this Summons on that Defendant, exclusive of the day of service,
and to file the original of the defenses with the Clerk of this Court either before service on
Plaintiffs' attorney or immediately thereafter. If a Defendant fails to do so, a default will be
entered against that Defendant for the relief demanded in the Complaint.
Dated this day of April 2014
APR 4 2014
Harvey Ruvin
Clerk of the Court
By:
Oft
"if you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA
st
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1 Ave., Suite 2702,
Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-
7355 at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less than 7
days; if you are hearing or voice impaired, call 711:1
"Si usted es una persona minusvilida que necesita algun acomodamiento para
poder participar en este procedimiento, usted tiene derecho, sin tener gastos
propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en
contacto con Lawson E. Thomas Courthouse Center, 175 NW 1 Ave., Suite 2702,
Miami, FL 33128, telefono mimero (305) 349-7175; TDD (305) 349-7174, por to
menos 7 dias antes de la cita fijada para su comparecencia en los tribunales, o
inmediatamente despues de recibir esta notificacion si el tiempo antes de la
comparecencia que se ha programado es menos de 7 dias; si usted tiene
discapacitacion del oido o de la voz, Ilame al 711:'
"Si ou se you moue ki enfun ki bezwen akomodasyon you w ka patisipe nan pwosedi
sa, ou kalifye san on pa gen okenn lajan you w peye, gen pwovizyon you jwen kbk
ed. Tanpri kontakte Krista Garber, kbbdonate pwogram Lwa you ameriken ki
8'
Entim yo nan Trbbinal Konte Miami -Dade la ki nan 175 NW 1 Ave., Suite 2702,
Miami, FL 33128; telefbn li se (305) 349-7175; TDD (305) 349-7174nan 7 jou anvan
dat on gen randevou you park nan tribinal la, oubyen imedyatman apre on fin
resevwa konvokasyon an si le on gen you w park nan tribinal Is mwens ke 7 jou; si
ou gen pwoblem you w tande oubyen pale, rele 711."
MIA ACTNE 4171277.1
3
1N '11.111 CIRCIAT COUICT Or, 7.'lIL
ELEVENTH JUDICIAL CIRCGIT 1N AND
FOR ..41rXMI-DADS COUNTY, FLORIDA
OENERAL JIIRTSDRMON
FLAMT'. OO WAY F.NTF,RPRISSS, LLC, CkSE NO;
a Florida limited W17ility winpany,
Plaintiff,
V.
BALTIARHOUR VILI ACIE,a Florida
municipal corporation,
Defendant.
CO:'Yll'T..AaV'Va' FOR AFCLARATORY RELIEF
Plaintiff, Flamingo 'Way Enterprises, LLC C11tuningo"), brings this action for
declaratory relies' against Hal Hutlxaur Village (the "Village") and avers:
1. This is an action for declaratory reliel'pur.;uant to Chapter 86, Florida Statutes.
2. The amountin controversy exceeds $15,000,00, exclusive of attorneys fees,
inserest and costs.
3. Flamingo is a. Florida limited liability minpany operating in Miatni-Dade County.
4. The Village is a Florida municipal corpomfion located in Miami -Thule County.,
5. Venue is Ifmiw-c in Miami -Dade County because the dispute giving rise To this
complaint. occurred in ibis county; the Agreement (as defined Wow) was executed and require!,
performance in this county, and the real property at issue in this wion is 1("1:4 in Miami -Dade
Catatty.
GCr:srwT.T['umaxr &Arm,%"j',P.A.
PRS17R5iIM.NT APVX:VTKA
Al'!XAW;MS Ar I.+n
G. All conditions precedent to the bringing of this action, if any, have occurred, been
performed or tiYaived.
7. Flamingo has retained the law firm of Grunster, Youkley & Stewart, P.A.
( Gunster") to reprow.st it in this action and is obligated to pay Ctunster a reasonable fee for its
scruices.
8. Flamingo owns real property in the Village (the "Flamingo Property"). The
Flamingo Property is further described at Exhibit A,
9. Flamingo sought to comAruct a residence on the flamingo Property C'licsidcaW')
and toward this end engaged an architect who prepared a site plan (the "Site Plan").
10. To complete construction of the Flambigo Property pursuant to the Site Plan,
Flamingo needed it) acquire additional real property owned by the Village (the "Village Land'j.
The Village Land is further described at Exhibit 11.
i 1. The Village owns and operates a. sewage pump Aution CPwnp Station") near the
Flamingo Prolxaty that the Village, with Flamingo's consent, accesses by trnversin; a portion of
the flamingo Property. The Village sought to own that portion of the, flamingo Property it uses
to access the Pump Station (the "Access Property"), The Access Property is l'uttber desss ribed at
Exhibit C_
12. On November 6, 2012, Flamingo and the Village entered into a Land Exchange
Agreement (the "Agreement") whereby Flamingo agreed to convoy to the Village the Access
Property in exchange for the Village conveying to Flamingo the Village T.and. A copy of the
Agreement is attached as Exhibit 0.
13. The Site Plan was referenced in and attached as Exhibit C to the Agreement.
1MI. PrOt, Y(KY1XV& S MWART, Y.A.
14. The Village executed the Agreement through. the Village CIerk, 1 llisa ilorvath,
and the Village Manager, Al£red TreppWil. Counsel to the Village, Eduardo Soto, Approved the
Agreement as to its legal sufficiency.
15. On or about April 23, 2013, the Village passed a charter amendment proposal
(now "Section 81" ol'tbe Charter), which staves:
The Village shall not sell, lease or otherwise dispose of any coat properly awned
by the Village, unless the Villacc fCjouncil determines that said sale-, lease or
disposal is in the best interest of the Village and such sale, Ica". or disposal is
approved by a tnatioriiy of the Village electors voting on such proposed sale, lease
or disposal.
16, The Village maintains that Section 81 applies retroactively to void or invalidate
the Agreement.
17. In contrast, Flamingo maintains that the Florida CtNn.tilolion, Article 1, Section
70, which states `;Yo 11111 of attainder, em post facto law or law impairing The obligations of
contracts shall be passed(,]" renders Section 81 inapplicable to.thc earlier -in -lime Agreement,
18. To proceed with consituction, of the Residence and obtain linal Site Plan approval
Flamingo must acquire the Village Land, which the Village is obligated under the Agreement to
convey,
19. ']here is a bona tide, actual, present and practical 'need Rar a declaration that
Section 81 does not apply to the Agreement,
20, The declaration Flamingo seeks deals with the present state of ascertainable iucts.
21. Flaniitigo's ability to obtain Site Plan approval and to ainstruct the Residence is
dependent upon the law applicable to the Wets.
3
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P&fXRCiK7NN„4,4A(}: JATf(7\
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22. Flamingo cannot secure final Site flan approval, construct the Residence or
exchange the Access Property for the Village Land, as required by the Agr'cenient, beckiu+e ot'tbe
w(uul, present, udYerow and antagonistic interestsi and positions ut'F'lamingo and the Village,
23. The antagonistic and adverse interests are all before the court by proper process,
24. The relief sought is not merely the giving of legal advice by the courts or'tbe
answct to questions propounded, from curiosity,
tiv-trF RIEFont:, Flamingo prays for a Declaratory 7udment determining that Section 81
does not apply to the Agreement, for costs and for all additional relict' available to .it.
Dated this 3rd day ofA ril 2014
idM'A(`rtYti 4)?1'V.1
CrINSTT?R
Attorneys for Flamingo
One Biseayne'1'oNver, Suitc 3400
2 South 131soayne Boulevard
Miami, J lorlda 33131
Telephone: 305-37&6000
Facsimile: 305-376-6010
By: !at An LA. C ortitlas
ANGHLA.CO RTYNAS
Florida Bar No.: 797529
JONM'HAN H KASKE.I,
Florida Bar No.: 52718
4
t M'4rW YnAtiMY & lRfLWAaT, P.A.
PPJL* !'S,'f1.4A1A&vtismlxrN
M'Vj &I$A.LAW
Exhibit A —Flamingo Propart_y
•u;
Ali of T act'W as so= is shawo cn Plat oati9od, RB&IDENZAL BPd,`T'tON OFBAL
}]ARBOUR, os recorded fu Plot Book 44, Pap 98 of the Publlclocorft of Mhaw-D&UCounly,
Florida, LE39 dsa fot4vsvirgdaaaibed parccel:
Deeming at dra irtasaction eftho Wostcrtyliae of Bel Bayikiva with the &?Awly JIM
ofTmat `H' or4seNoxibariy Bnaaf37,5feot Drava on tbo art ores dWg *d,
Park, assaWfataxraortrmlaa4ownoaaPkdas:tikta,R�vidental:3eodonoi8atliarboar,u
recorded tnPlat Boot 44, Ago 98,Publio Roarnds of Dade Caranfy,Florlda, run b a
NorthoW.etly dkootiwr along the Woderly lose of salt Bel Bay Drive, aiongilia era of a ctrcuis r
ctuvehaving for its olamevts a cadnd aulo of 4163'0UV radius of 924 lock a distance of 70
feet to 4P044, (chord asafd Curveurakiag an angtoto ilia Northeast $om the acid tloutbariy line
of7hd `E' of IGr4r27.011 adistanaa ofG9,9Vft ttorco run clong a ilea daflocting to tho
left 8713'Sg.7Y, rmlfalto the last mmtinned v&oolor autvq adidnnoa ot190 &ot to a point,
them ron in a Soo0mvestegy diseatlon along a linaparalid to and 100 thot dlstaat Wastorly froru
tko Woskrlirllre of Bel Vq Drina along $0 asro of 4 dMdU imrva de9ootbrg to the 1r;it, hiring
for 1te WksnenU a central angia otb°23' 65.72", atedies of924fW%ad stanao Of 102.915 font
(c)mrd ofaaid vulva defleaibig to the left 9311132AS' kom the Icatmentioned redid line, a
distance of 102.9 U tact) to a point on the Notthmiy lbre ofdro sfaemonsia»ed 37.5 foot Drive.
Tbaoce ran in an Warty direction along ftNoAcrty be ofaaid Drive or 3ooduiy Rra of
said Tra: l'B' along he =of a c nmlu mane da0ccthrg to the right having for its cleamu a
central angle of23011'l6.66", atadiva of 120 fed, a distanoo of48.565 ,fed to the Point of
Tenpa4y (PT) of said circular cum, (ohord ofthis auvamaking on angio 9vm tot Node to the
Botofrom Ibo chord of ibo last rnm:bned curve of68121126.271'a a'rord distance of 48.234 fear?.
Ybenoeson Ingest tothelastvw4lonedcamalongtheNorthcslyliraofPMWvaalongalto&
dcAwning1Ic35'3$33°tothe tight diomihechordofdtolistmentlonodwM%6trt&w atd
54.927 foot mthe Patin of Begiaaing ofthe Tenet of land harch) desoribad, containing 0.17 aeon,
retworlen
Exhibit B -tillage Property
Bal Harbour Residential Section Plat Book 44 at Page 98 Beg on SIT, Tr R & X of W/L But Bay
D XI 3588-2W lift Statlon Site and Prop rnt In & To Common Elements Not Dedloated to
Public
A POMMot Tract of RESIDENTIAL SEGilrji't OF BAL HARDMIR, acuofdfng to the plot thereof, as recorded
in plot Book 44, at Page 96,of the "10 Records of Waoni-Dod® County, Floddo,bohg more partiallaly
desclined as follows:
CON,MENCE a'r Nor Irderaeolforl of the Noehelty and Westerly Rlghhaf•Woy4hM of Bat Boy Ddve;1}wnc9
P673032W W. tor154.98 feel to a pdntof tongoncy of o ckOV1010=0 concave to the SOOMI sh thence
aanthuo Northv slady and Weotarly along It's Oro of sold circuloraa re is #Io toff, ha h8 a central ongio
at 12°29D2, and feat for an aro distance of 2615 feet to the POIVT OF BEi311NNM of film
horohcgtordeswfbed porcol of lands Bald point bear N.O"id'17% from the conterof curve; The last
tbod are also known as the NodtlwTy Right pi Way lrreotthac2a0ve mtcntbned WI DW A va,
thongs PL F2°A6'b0' E,. for a dlstartce at 82,41 toehthenaa N, 74°14'i5' E.,iaTa dhianca � t3.38 feet;
therm N60°151W W, fora datamloo 024,466 tool, to the tdotte; tlon with a non-tangont c1 char ouwo
comooveto 1hoSosdhoastand radalto sutdcuve; then0000ntlnuoSouthodyond Southwedo+tyalong the
teo of orildl droukarcurva to ins loft, hcrrhg acentral argyle of b°23106' and a raft of 924,00 teat forest aro
dlskanaa of 10297 test to a point or hterectlon wAh a non tchgontcYculorcum concave to the
southw"t;Oolcl poht beats N,06°37'Ot'f Pam the cotdorot curve; sold as also known as the Nodhorly
Frght of -Way line at the above mentioned Bat Say D;6re. thence aol&AW Nortimly and NotthaastWy
along the aro of&oll cWar curve to the right, havhlg c control an& of JOW13, and a radlut of 12:LCSl
tset for on ceo chance of 2517 feat to the PONT OF MINN NG,
Corrlatinga 1,766 Square feet or a,At Acres, mole or loss,
14AND TXGUANGE AGRri.&M
TH18 L,A XCHANGE AGREEMENT (the "AgreemenfI is mado and mitered
into as of the day of —�,ci 9=I , 2012 (the "Efleedya Date % by and
between BaI Har tar. Viliaga, a Florida municipal corporation (tba'Nillagc"I and Flamingo
Way Enterprises, TJ C, a Florida limited liability company ("Flamingo") (eaeli of the Village
and Flamingo, a "Party" mud collectively, flee "Parties!),
REWAW
® A. Flamingo is the owner of that certain road property located in Miami -Dade
County, Florida, more particularly described on Exhibit "A" attached hereto ("Flamingo
Property'), _
B. . The Villago is the owner of that certain real Oil"
located in Miaml-Dario .
County, Florida, more. particularly described on. Exhibit "1l" attaohed hcroto (the "Village
Proporty");
C, Flamingo desires to construct a two story residence on tl>a Flamingo Property (the
"Projoct") as set forth in that certain site plan dated May , 2011 pr eliated h3' E.A. Caul
Architect under lob Number 011.016, a copy of which is attached hereto as Exhibit "C" (tile
"Flamingo 51te Plan");
D.' Flamingo is seeking to obtain from the Village a portion of the Village Pxopariy
wfiiclr Flamingo needs in order to complete the Project as more particularly described on Exhibit
"D" attached horoto (the "Village Land"); and
F. The Village is willing to exchange the Village Land for a portion of the Flamingo
Property as more particularly described on Exhibit "W1 attached hereto (the "Flnmingo Land").
NOW, THEREFORE, for and In considaution of the aunt of Ton and Noll00 Dollars
(S10A) and other good mid valuable consideration, the receipt -viiareof is hereby acknowledged,
and the mutual covenants and promises herein set forth, the Pwtias hereby agree as follows.
1. &j#ah. The foregoing recitals are true and correct ara incorporated herein
by this referenea
2, 1!Qneriv and Cousideratiog, The Village agrcos that it shall inasfer the
Village Land to Flamingo and flamingo agrees that it mall uwrsfe;r good and marketable title ip the
Flamingo Land to the Village, free and clear of all liens, claims, and cnewubrances, abject to and
in as ocdanco with the tonns and oonditions of this Agreamemt,
3. DilieencegttaraJ tnmeaHnns.
(a) Within three (3) business days following the execution and delivery of this
Agreement Flamingo agrees to provide the Village with a copy of all prior title insurance
policies, surveys, and environmental reports, If any, on the Flamingo Property in Flunihigo's
passesslon, Within thirty (30) days following the date of this Agreement (the "Delivery
Period'), Flamingo shall provide to the Village, at Flamingo's sole cost sod oxpensw
(1) a title insurance comtnihnant ("Commitment") 00m. a title insurance
company aaoeptable to the Village agreeing to insure title to the Flamingo Land in favor, of the
Village;
0i) an ALTA survey of the Flamingo Land certified to the Village and
Prepared by a survoyor aecepteble to the Village (" Survey j; and
(iii) a Phase I lltvlmmentai Report covering the Flamingo Land, certified to
the Village and prepared by an eavitunmental enginaor Qcceptable to the Village ("Phase 1
Report').
Within thirty 00) days f0110"Aing the Delivery Period, (the "Roviety PaOW), the Village shalt
deliver written notice to Flamingo of any of the Village's objections to the status of title as set
forth in the Commitment and objections to matters shown on the rvey. The Village may mise
as additional objections, however, any matters first shown by any endorsement of the,
Commitment and/or recertlfleations of the Survey obtained by the Village; Within seven (7)
days following receipt of the Village's Commitment and Survey objections, Flamingo shall
notify the Village in writing of those title and Survey shatters which.Flamingo agrees tp msclve,
to the Village's sstisfaction, at or prior to Closing (as defined hemin). Flamingo shall have no
obligation to cure or take nay action withrospoct to any commitment a &or Survey matters that
may be raised by the Village In connection with the Flamingo Land, upon which event the
Village shall have the immediate right to terminate this Agreement if Flamingo fails or rafuses to
oure any of the Village's title or Survey olljcetions; however, Flamingo shall be obligated to
obtain the release of any mortgages and hens encumbering the. Flamingo band. Flamingo shall
convey title to the Flamingo fond to the Village subjtot only to the mattetw set forth in the
Commitment and the Survey (with such changes as Flamingo may agree in writing to cause to be
remedied as provided herein, hereinafter referred to as the 'Permitted Xxceptlolw), At
Flamingo's or the Village's option, the date of Closing may be extended for a period not to
exceed forty-five (45) days for IMAPOses of eliminating any title defects with respect to the
Flamingo Land. In the cvcnt that Flamhrga dots not climtnato any dofeots as of the date of
Ctoslttg as the same may be extended under the preceding stuteuee, the Village shall have tire
option of oltharr 0) closing and accepting the title "as is," or (ii) cancoling this Agreement by
written notice to.Flamin
go, Whereupon YmEn parties shall be released frum ali,t'oriher obligations
under this Agrcem®at, except thoso obligations expressly stated to survive such termination,
Additionally, if the Phase I Report discloses any matters that in the Village's sole discretion
reveals the phu€tttco, or likely presence, of any mirtor tal or substance that, whether by its nature or
use, is now or hereafter defined as hazardous whet®, hazardous substance, pollutant or contaminant
under any laws, stahaes, ordhranccs, rules, regulations, orders, .codes, licrmsc% pemntts, decrees,
Judgments. dhWives or the equivalent of mby any federal, state or local governmental authority, or
which is toxic, explosive, eornosive, fXammable, infectious, radioactive, carcinogenic, or otherwise
hazardous, tho- Village may terminate this Agreement prior to thc.expiralon of the Review Period
by providing wrhtcn notice thereof to Flamingo whereupon both Parties shall be teleased from OR
further obligations under this Agreemem,
(b) During the Review Period, Flamingo may, at its note cost and axponsy and with
the prior written inspect and conduct due diligence ♦Atb respect to the Village land; provided
however that Flamingo shalt not conduct any invasive costs on the Village Land without the
Village's prior written consort. Flamingo may terminate this Agreement prior to the expiration
of the Agview, Period if in Its solo discretion it is not antiatled with the inspections. The Village
shall have no obiigaiion to ours any title, sun'oy, or other matters with respect to die Village
Land and, subject to the terns of this Agreement, the Village is transfinring the Village Land in
gins is" condition and will not make or pay for any repairs, corrections or replacements with
taspsatthergem
(c) For the purpose of conducting Its inspections, each Party agrees to provide the
other Party and its agents and Independent eonttnetors reasonable access to their respective
property during the Review Period. In exercising the privileges granted pursuant to this
Agreement, each party shall immediately restore tho property to the condition existing prior to its
activities thereon. In consideration of theright to inspeot the Parcel, each party agrees to
indemnify, defend and hold the ot* party harmless from any notions, suits, liens, claims,
damages, expenses, losses and liability for damage of anykind adai ng from or attributable to any
acts pefbrmod by the inspecting party or its agents or independent oommotors hi exercising its
rights hereunder, This paragraph shall be subject to the Provisions and monetary limitations of
Section 768.28, Yuri& Statutes and shall survive the Cioaing.
(d) if either party is dissatisfied, for say reason or no reason in that Party's solo
judgment, with the result of its investigations, then such party may cancel this Agreement by
noiidying the other party in writing (the "Canesitation Notiee") of such cancellation prior to
expiration of the Review Period. Upon receipt of Cancellation Notice, this Agreement shail be
immediately terminated, and parries and shalt be released and discharged from all further
obligations under this Agreement except any rights and obligations that expressly suryiva
termination. Nno Cancellation Notice has been delivered by either Party to the other Party prior
to expiration of the Review Period, then both Parties shall be deemed to have waived their light
to cancel this Agreement under this Section 3.
4. Iamj is Eieltres tat is . Flamingo represents to the Village+ as follows:
(a) As of Closing, there are no leases or other occupancy agreetnonts, either written
or oral, which alled- the Flamingo Land and Flamingo has exclusive possessiaa of Flamingo
Land.
(b) There are na service contracts, employment agreemwru; or other contracts or
agreements which would affect the Flamingo Land after Closing.
(a) Flamingo shall comply prior to Closing with all -lams, rules, regulations, and
ordinances of all govetome tal authorities having jurisdiction over the Flamingo land.
Flamingo shall be responsible for and shall promptly pay all amounts owed fbr labor, materials
supplied, services rendered amdlor any other bills or amounts related to Flamingo and Flamingo's
ownership andlor operation of the Flamingo Land prior to Closing,
e
i.
? (d) Prior to Closing no potion of the Flamingo Land or any interest therein shall be
aiiennated, encumbered, conveyed or othemiso transferred.
k
(e) Flamingo V not a "forolgo person" within tiro meuming of the United States tarn
laws and to AAA reforanoo is made in Internal Revenue Code Section 1445(b)(2). At Closing,
Flamingo shall deliver to the Villagc, a cettiffoste to such effect
{1) No commitments; relutitng to the Flamingo's Property have been made to any
governmental authority, utility company, school bowd, or any other organization, group or
Individual which would impose an obligation upon the Village to make any contributian or
dedication of mousy or land or to construct, install or maintain any improvements of a public or
private nature on or off ftFhmingo land,
(g) There are no materials or substances tbet, whether by 11rNr nature or use, is now or
lWoUibit defined as hazardous waste, a hazardous substance, pollutant or oonteminent under my
laws, statutes, otdinaucw, rules, regulations, ordws, codes, dloenscs, permits, demos,.judgmants,
directives or the equivalent of or by any federal', slate or local governmental authority, or which is
toxic, explosive, corrosive, flammable, kdoctious, radioactive, earainogeole, or otherwise bazardous
present on ibe Itlamingc Property.
{h) Flamingo is the owner of the Flamingo Land free and clear of all liens, claims, and
enoutnlmmees and is authorized as rite record title holder to enter into this Agmemeatt. The
execution, delivery and peformance of this ,Agreement by Flamingo does not conflict with arty
judgment, order of dex me of any court or arbiter in any proceeding to which Flamingo is a party,
and does not conflict with or constitute a breach oly or constitute a ddaalt under, any Contract,
agrruoment or other hnstalme3nt to which Flamingo Is a party, or by which the Flmningo land is
bound.
The provisions of this parognaph 4 shall survive Closing,
5, yjygRa'a Itenresentatinns. The Village reptesettts to Flamingo as follows:
The Village Is a mutihcipai corporation validly oxisfing and In good standing under, the
laws of the State of Florida. Subject to compliance with the Village's C:mndidons Precedent
(defined herein), neither the execution of this Agreement or the consummation of the
transactions contemplated hereby will: 0) rewh. in a broach of; or dafhultunder, any agreement
to which the Village is a party or by which the Village Property is bound, or (it) violate any
rostriationsto which ilm Village is subject.
6. DrhynitProvisions. in the event of a default by either Party ruder this
Agreement (tha "Defaulting Party'% the non -defaulting party {the "Non-Defaalting Fartf%
shall have the right to terminate this Agreement by delivering written notice of such derfault to
Defaulting Party, wherrxrpon the Patties shall be released from at( flirthcr obligations hereunder,
except as may be expressly provided herein to the contrary. Alternatively, in the event Flamingo
Is the Defoulting Patty, the Village may elect to seek spocifie performance of flamingo's
obligations bmuader. In either eleodon, the Nlon-Defaulting Party shall have the right to seek
damages for the Defaulting Patty's default but such damages shall be Bruited to actual expenses
incurred with respect to undartaldtig and performing due diligence matters and reasonable
s ,
t
attonnops' fees in connection with the preparation and execution of this Agreement.
Notwithstanding anything contained in this Agreement to the contrary, this Agreement shall be
subject to the provisions and monetary limitations of Suction 768.28(5), Florida Statutes, which
limitations shall be applicable regardima of whether such provisions would otherwise apply, and
to die extentpermitlod by law.
7. Deal Estate Taxes/Assosameoll
Flamingo acknowledges and agrees that the
Village Land Is being exchanged by an exempt governmental entity and ogroas to comply with
Suction 196.M,.Florida Statutes, with regard to the osurowfng of prorated real estate taxes. in
connection with the foregeing, prior to Closing, Flamingo shall cause the Miami -Dade Coonty
Property Appraisor and Tax Collector (the "Pax Collector'% as applicable, to identify in writing
the amount of prorated real estate taxes to be paid with respect to the Flamingo Land to the Tax
Collector in order to comply with Seaton 196.295, Florida Statutes which amount shall be paid
by Flamingo at Closing and hold in escrow by tho Tax Collector or the Village.
8, Closing Coats. Flamingo shall be responsible for payment of the following: (i)
the cost of examining title, obtaining the Commitment and any update or mpm t thereof on the
Flamingo land, and the prouhimns and any other related fees and costs for the owner's title
insurance policies insuring title pursuant to .the Commitment in favor of the Villuga with respect
to the Flamingo Land, (ii) all costs of the Survey and aq updates or reasonable modifications
required by the Village, (ill) all costs and expenses of the Phase I Report, and all supplemont%
updates and additions required thereto with respoot to the Flamingo Land, (iv) state
documentary stamps and surtax on the Flamingo Deed as hereinafter deftnod, and the Village
Deed, as hereinafter defined, (v) recording fees for the Flamingo Deed and the Village Deed, (vi)
all recording costs of docmnents necessary to clear title with respect to (be Flarnirp Land and
the Village Land, and (vii) all costs and expenses incurred by the Village and Flamingo for legal
fetes in connection with this Agreement, (viii) the inspections and investigations of the Village
Lunt! by Flamingo including any title commitments or policies, surveys, duo dillg nwitems, and
may other of the Village's costs mid wgiensw incurred by entering into this Agreement,
htoluding those Incurred with respect to inspections pertbrmod by the Village wider Section 3,
hereunder. The provisions of this Section 8 shall survive the Closing or torminatlon of this
Agreement.
9. Closing of Exchange. Provided that neither Party has provided a Cancellation
Notice to the other Party prior to the expiration of the Revlaw Period as sat forth in Section 3(d)
above, the Closing shall take plaoo within flttoo (15) days after final approval of the Village's
Conditions Precedent and Flamingo's Comditons Precedent, as hereinafter defmcd.
Notwithstanding the foregoing, in the event the Village's Conditions Precedent, as harelun.Ror
defined, have not been mat or complied with within one hundred and twenty days (120) of the
Effbadve Date (the "Outside Closing Date"), than the Village In its sole discretion, and subject to
the following paragraph, may terminate this Agreement and shall have no further obligation to
comply with tho terms horeo£ in the event the Village terminates this Agreement as act forth In
this Agreement, Flamingo shall remain responsible for all costa and exponsos as set fortWmain.
Notwithstanding the foregoing, in the event Flamingo is unable to obtain final approval for the
Village Condition as set fbrth in Section 10(a)(H) of this Agreement, then provided that
,Flamingo is not otherwise in default of this Agteamout, and has been diligently attempting to
obtain the approvals required in Section 10(a)(ii) of this Agreement, then, upon Flamingo's
roquesy the Village shall extend the Outside Closing Date by no more than two (2) sixty (60) day
periods beyond the Outside Closing Date {"Extended Closing Daio'j. If at the expiration of the
Extended Closing Date, Flamingo has yet to obtain the approvals required in Section 10(a)(11) of
this Agreement, the Village may In its reasonable discretion further %,tend ilas Outside Closing
Date to allow Flamingo additional time to obtain such upprovahs. If Are Village, In its reasonable
discretion doterrninas that the approvals required In Section 10(a)(ii) of this Agreement are
unlikely to be obtained, or that Flamingo has not dillgontly pursued such approvals, then the
Village may terminate this Agreement upon the expiration of the Outside Closing Date, or if
-- applicable, the Extended Closing Date.
(a) At Closing, Flamingo shall execute and deliver to the Villago the following
closing dwoments:
(i) a Special warranty Deed in form and substance attached horoto as Exhibit
"F" transferring to the Village madmuble fee simple title to the Flamingo Land (Are "Flamingo
Daed"):
(ii) a no lion affidavit in form and substance attached horoto as Mbit
"O"(fh¢"Flamingo No Lien Affldavlt"},
(ill) all documents required by Schodvle 11.1 of the commitment Issued for the
Flamingo Land, if any along with a "marked up" Commitment deleting each. Soheduic B-1
requirement, and all standard exceptiaus;
(Iv) if applioab1% any ssttisfactions, releases, terminations and other
doeumontatton with respect to any mortgages, liens and/or judgments encumbering the Fla ningo
Land;
(v) proof of compliance with Section 196295, Florida Staurtes, regarding the
payment of ad valorem real property taxes. for 2011 and prior years with respect to the Flamingo
Laud; and
(vi) any covenants, Unities of title, or agrxemams necessary to obtain tho
Cloveraanental AWrovals, as datined herein,
(b) At Closing, flit ViIIage shall execute and deliver to Flamingo the following
closing dommoins:
(i) a Spcoial Warranty Deed in form and substauce attaohod hereto as Exhibit
"H' transforring marketable %a aimpio title to Flamingo to the Village Land (the "Village
Dow");
(it) it no lion affidavit in form and substance attached hereto as Exhibit " T"
(the 'Village No Liar AffldavW5;
{
1 �
Y _
t
(M) if applicable, any satisfactions, releases, terminations and other
t dowmentatlon with respect to any tnortpges, liens aadlor judgments encumbering the Village
Parcel; and
('ivj a certified copy of the Village rosoludoa authorizing the transfer of the
Village Land to Planingo.
I0. C411�1ligtSf.�'3'�e�•
(a) Tito Win e's obligation to tender the Village Deed to Flamingoin acoordanc ,
with the tones of this Agreement is expressly conditioned upon:
(i) the delivery by Flamingo to the Village of all documents requited by Section
9;
(il)
Flamingo having obtained approval front. the Village andlos Nifami-Dade
County for a subdivision awl =onsolidation of both of the ViIlago Property
and thoFlanAngo Proporty,
(iii)
Flamhrgo having planted each of the royal palm trees, eaob a miralmum of
Mean feet (15°) of grey wood of Ittorida Fancy quality, in tiro iocadom as set
forth in to Flamingo She plan,
(iv)
Flamingo providing all documents and taking all notion wgttlred by Schedule
A.I of the Commitment for the Flamingo Land;
(v)
Flamingo executing and dol1wring any and ail easemonts for scoess, drainage,
or other purposes over the Village Land and the Flamingo Land as required by
the Village;
(vi)
No material adverse.chartge shall have occurred with respe q to the Flamingo
Land or the condition thoreof, Including 1111o, environmental, or legal; and
(vii)
Flamingo's rclimsomadons and wanontlos herein being tyro and correctt as of
Closing
(each of (i)•(vi) above being a "Village Couditton", and collectively,
the "Village°s Conditions Precedent").
(b) Flamingo's obligation to tender the Flamingo Deed to the Village in accordance
with the terms of thin Agtccmont is exprosaly conditionod upon:
(i)
the dolivery by the Village to ties Flamingo of all dooumcrts required by
Section 9;
(11)
lbo Village obtaining any and all necessary approvats and radfioationa by the
Village Council which are necessary to approve this Agroameat and the
exchange of the parcels, prior to the Closing Date C'Counail Approval");
,
l
(ill) the Village's ropromnations and warranties herein being true and correct as of
Closing (each of 0(%) above an 'Thuning,o Condition', collectively,
"Flamingo's Conditions PrecedetWI;
In the event any of the Village's Conditions Precedent or Fiwnhtgo's Conditions
Precedont, are not ,fidfilled as of the OdWda Closing pate, or the Exttendod Closing Date if
applicable, (or earlier date if specified otherwise), then the Party not responsible for 8ia
satisfaction of such condition preoedent shall have the option of, either: 0) waiving the condition
and Closing "as W' without claim against the other Party, or (JO canceling this Agreement by
written notice given by Closing (or earlier date if specified otherwise). In such event loth
Parties shall, be released from all ftwher obligations tinder this Agreement except for titosa
obligations whiclu atuMvo the termination of this Agreement, in the event the 'Vitlage toiminates
this Agreement, Flamingo shall continuo in all events to be responsible for the village's costs
and expenses. Notwithstanding anything contained horein to the contrary, subsequent to the
Closing, the maintenance of any improvemerds or landscaping contained on any real propesty
shall be the solo responsibility of the then owner, ofthe real property.
11, &MkW Flamingo represents and warrants to the tillage that he has not
deah with any real estate brokers, salesman (salesmen) or finders involved in this transaction. If
a claim for commission(s) in connection with this transaction is mach by any broker, salesman or
tinder, or any other party claiming to have dealt through or on behalf of one of tite Parties hereto
Flamioggo shall indemnify, defend and hold harmless the Village, from and against all liabilities,
damages, claims, oosig fees and expenses whatsoever (including reasonable attorneys' and
paraprofessionals' fees and court costs at trial and all appellate levels) with respect to said clabn
for commissions. Notwithstanding anything to the contrary contained in this Agreement, the
provisions of this paragraph stall survive the Closing and any oweellatiou or termination of this
Agreement.
12. AjWgggbJUty. Neither Party to this Agreement shall he entitled to "go its rights
hereunder without thrs prior written consent of the other.
13, &ties . Any notices required or pettrtitted to be given under thls
Agreement sball be in writing and shall be deemed to have been giveu if delivered by hand or
gout by recognized overnight courier (Streit as Federal Express) or mailed by certified or
rogistered mall, return receipt requested, in 4 postage prepaid envelope, and addressed as
follows;
If to Village at Mr. Alfred Trappada, ti'Illage Manager
Bat Harbour Village, Florida
655 96th Sinai
Bat harbour, Florida 33144
Fax No.: (3Q5) 868.6575
Phone No., (305) 866-4633
with a copy to: Richard Jay Weiss, Esquire
Weiss, Scrota, Heitman, Pastorza Colo & Bonlsfce, P.I,
2525 Ponce de icon Boulevard, Suite 700
Coral Gablcs, Florida 33134
Pax No,: (305) 854.2323
Phone No,: (303) 854.0800
If to flamingo at: Flamingo Way Enterprises, LLC
10201 Collins Avenue
'alianif, Florida 33154
Attu; Mr, Joseph 1nubesi
Notices personally delivered or sent by overnight courier shall be deemed givers on llie date of
delivery and notices otherwise mailed In accordance with the tbrogoing shall be deemed given
three (3) days aftor deposit in the U.S, mails.
14. Miscellaneous.
(a) This Agreement shall be oonstrucd mid governed in ecotrrdanco with the laws of
the State of Florida. All of the Partias to this Agreement have participated fally im the
negodadon and preparation hereof, and, accordingly, this Agreament shalt not be more strictly
construed against any one of the parties herew.
(b) In the event any term or provision of this Agreement is determined by an
appropriate judicial authority to be Wcgal or otherwise invalid, such provision shall be given its
nearest legal meaning as such authority detennincs, and the remainder of ibis Agreement shall be
deemed to be in fall force and eMot.
(o) in construing this Agreement, the singular shall be held to include the plural, the
plural shall be held to include the singular, the we of any gender sham be held to include wary
other and all gendors, and captions and paragraph headiap shall be disregarded,
(d) All of the exhibits attached to this Agreement arc incorporated in, and made a part
of this Agreemont
(a) Unless expressly set forth aerel% the terms and provisions of gals Agreement shall
not survive the Closing and such terms and provisions shall be deemed merged into the speelal
warranty deeds and extinguished at Closing.
(f) Time shall be of the essence fox each and every provision of this Agreeruert,
(g) Neither this Agreement nor any nodes or memorandum of this Agreement sling
be recorded in any public records.
(h) 'this Agreement conatitutes the entire agrcement and understaeding botween the
Parties with respect to the subject matter hereof and there are no other agreements,
representations orwarranties other than as set forth herein. This Agreemeat may not be changed,
altered or .modified exoept by an instmmont in writing signed by the Party agai;tst whom
enfamament of suzh change would be sought. Ties Agreement shall be binding upon the Parties
hereto and their respective successors and pormWed aasigng:
EXECUTET) as of the date first above written in scverai counterparts, each of which
shall be deemmed an original, but all consdtut+na anlry one atgroatuent.
SIG\ATURItPAC."i+S FOLLOW
DALiiARBO LAG UA
Bliisa Horvath , Village CR& AT Tr: a, "VilSagaManniger
APPROVED LEGAL 1111111CIENCY:
BY:
I ay s , 1rillagc At!orney
J J
YLAMIA00 WAX' 9A'C MPItISF,S,
LLC, a F!qd4<rxltcd liability company
M
i
Exhibit A — Flamingo Property
Ali ofTract'E ao eerie is shown on Plolmilllod, )LBSIDE.1ZT3AL3F,MON OF DAL
yl40OUK mmardedInPlat Book 44,Paga98ofthoPublic RsxrdaofDdPnmFDatiocounty,
Florlda, MRS the dbtlawing eemihed p=d-
Bor,inoia$atthe intarm eqn,ofthe Wosterlyline ofBat13ayfkivowiththa3oothtrlyline
Of Tract'E' orthe Notllmty HBO of37.5 foot Drfvo on tbVorthedy SW of as area doslgnatcd,
Part,, at eaW lnmtexitan isr.Lawn on Oatenhtto, Rev idedial Rmlott of Bal klatbout, as
t000rded in Flat)90ok 44, Psgo 98,1'ablie Rewtds ofUady Cormy,Flotida, rsas in a
14vanstorly direction along ft Wo9vAy Ibzt of said DAI Bay Driva, e14021110 w of a oiroalar
ontve hsmbg fbr 1'a olmoota a central aog:o of 4052't1Z90" radios oP82A foot, It divenae of 7b
Pact to apolnt, (Omd of said aura meldag mt angia to dtt Sictihecd frorn the said Soatholy I"
oVMLot'i1' of 140048'27.01") a dlo.anm of d9.979 fogy Vmoo ran alaag e l a° dsRaatMg toiha
Idt 87°33'S8.7S ,rodfai to iha Scat tnenUaa ad alroular awry a4letoaoe of 100 foot to a polat;
dionoo nm In a Souti weatariy dimofton olong a Dob parallel to aad 100 feat dlsorttt Wegerly ftwn
tho Wottosty Dra of Bal Wy Dtl%v olon;Om vac of a oitctt?ercasve daiirmdal;to d t left, having
for its Memortts a central angle of 6°2315.72", a radius of 924 t'eey a distaAce of 102,915 foot
(altardofsaid ome deilaoling m tho Ieft93°S 1'32M`own the lass mentlomd rodiat lira, a
disUos of 102.915 font) to apoiat on iheNorthwly )lee oft. atdtcmcntioned 37,5 font Ihlve,
Thanosrun In an llastm]y dSmttioe akngthe Yo:Utarty llopoPatdd Drive or Soathorly liaa of
ea)d 71aat'B' along tha aro of a ciranlar curve def)eadngtorha rlyy��t isaving €brito olarrnpte a
central angle of23°tl slti,b6°, a radius of 120 ftd, a ditsasne of $8363 featto tlmPoint of
Tangency (PT) of cold adro'alar curve, (ebmd ofthimma mking as angle fttmttboNove to the
P.asc Dom the chord of the iaattnstttianod ourvoofG8r21'2d,27" achord dkteact a°4g 23d {cofl.
Thence tu+ataagenttoihe laattamtloned wrvt alangtheNailurly lino of said Drive e)ottg a ltne
d9thoadng 1113S'33,3311to One ribbt from the coon) of Cho lest motioned rearvb, a dlatence of
54.927form the Point o."ltlgla tgofdueTraotofload hernia dtewibed, ocoWnia9 bA7 scros,
more or loss.
Exbibit B - Viltago Property
Bat Harbour Residential Section Plat Book 44 at Page 98 *8og on SJL Tr E & X of WiL Dal Bay
Dr AB 3588-200 Lift Station. Site and Prop lnt In & To Cwnmon Eletnents Not Dcdioatod to
Public
Exhibit C - Flamingo Site Ilan
wawcwa.++
N.R A AIRS, JGSQPH lM6{fit
L.nwu nu A9:PJb •a rY.Yua �
Exhibit U - Village Land
A P0.4lon ct Tfacl'E' of RESIDENTIAL E CiION OF DAL HAMOA occordfri j to the Plot thftcr, as racadod
in Plat Dock44, of Page Q$, of the Publa Retards of Won*Dade County, MTW,being morn portloutcs'y
dems"d as forovm
COMNJFNCE at the Interseafton of tiro N0&,,Nlj Old ttyettedy 1l WeQl-Way kM of Bal Boy Me; thence
N.73°32S W. tcs 64.96 foot to a point of to,' noy of o ctroular ouNo awicaw to rite Sauthvvest, thenca
continue Northwottery and 1West ly along the Clio of Salo okcuforcurve to he left, having a miro; anglo
of 1212902' atd a rod1W of 120A0 tootforon Ora a"btarroe of 26.16feat to the POINT OF 0EQ1MMG of the
hovehafter dEScrl,ed parcel of fond: toldpolnt bear N.03*013' E, from the center of curs: the lost
deecrtbed arc also known as the NmdMrly r4ght•d-Way Ono of fho abate TnenNoned Sai &syDdva,
thanoe N.22°46'60' E.. for a d*rlco of 62,41 feet; thence K 746141 W E., for a distance, of 19 r6 teat;
them WAM1714' W, fora tl'4tozlca 024,06 fW,to thekrtefaenflon with a iron 9ongerd cirouan (%Ws
conxva to tneSouthaattand taclalto salt curaa thence cortdnuo IallYrglrly and Saalnvatterty along tixS
arc of ecdd OROWX aurae to the raft, hovilga cenifol angle of 6`23'06' and o NK:WA of 924A0 font for an Ora
cisfanca of ?02,97 feet to a port of'xtietsection with a nortfianaent cicularoun'e concave to the
Soutklwettt sold point beam 1%W°37V1 TE from the center a` tuna said arc alto known as the Nolherty
Rlghtof-Woy Line of the above mentioned Sal Boy Delve: thence contGtva Norlhe4y rn cl ft+waftly
doW thean: o!aaW CMottar ors+ia to the right, ha* o a central or?ete of 101851) V and a ro:dus of 120A0
feet f x an Oro Ommoa of 2217 feet totha PC4NttSF xGMNo.
ConivInko 1,766.6quare Factor 0.04 Ate, mote or lot'
rxhibf()F - Ramingo Land
Apo ton ofTra^.tTofREBI'ENTIkSECTONOFKFIARWQ1R,00001 19totheplatthereof`,aslecordad
In frot gook 44, of Pope 98, of the Publa Rowds ofMiomtA4afe Cotnty, tlodda, being Moro P+bfoutaly
CIMOrIbM 05 fopoWB
COMtAMCC at the infarseotton of the ,Vorthe4y and WGOOAj t2'ghtW-WW Chesof Bd &N WNe "iwnco
N,79°82+80' W, forW8 feet to a point of toWanoy of o dmilorccsys oortoowt to Bre Octrihwestt thence
coMMm Norlhwimtetty and Westerly alorg the ore of sold olmular cove tothe 10, haft a cerLd otVIO
of 1212Wi.0and ar4dtusof 120.00feel for onamdistance of26.16Web f0lifPontb"fl-Or 8'13"5,trOM
the een'er cf cm&,, the (aft dosurlbW Ma oW lctawnosft Northery Ruht-"ay ll19 of the above
manfioned But Ow Nve, thence, N.22°46W114.YoraDistance ofe2.41feet thenoeN.74^1kd3'E.,lot o
M6109 of 18,86 foot to iho POW OF SEGHNNINO of the tlerOW*dasar%ssd Parcel of tend thence
t N,74.14'13'E:for adist n000f78A9faohthence kW40WS" Lora*vWoof24.76feettothokrlorseofion
withMe'NeaMtfyf ht-Woy-%neofBelBoy Me(aWfoot wide Rood ), sold Point l N,16"j9`W.
from the center of curve, the above menttonad Westerly Right-or-Wltj brio f*o be4V a noMangerst cWor
cove semaava to the EasteNr thence cohflnus 5oL4hweaWdyalono the arc of salt a'roular Owe to the
left, hov;ng a Gw*d angle of 034M34' and a mOA of 624.GO feet for on arc distance of 61,91 tset: sold
point bases N, 6GII514. W,1rOMthe center of Curve; thence h, CO.1694I W, for a cKatcanos of 7"41091to
the POINT OP BEGINNNG,
CONMI) Q, 2A72 SGudre Feet of 0,06 Mrs% }rota or less,
EAdbit F - H4nu Ingo Deed
flits IHsrw>AwrPREPARrr> BY:
Ed=do M. 30q 1'a:l.
wcin Strata H010Y an pastorm
Cole & Bonist% PI,
=5 Pauc do Loon Blvd, Sdta?tb
Gerd Ra11es, Morida 35134
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and oxecutcrl this day of
2012, by 1�'IrAMINGO WAY ENTERPRISPS, LLC, a Florida limited liability company (the
"(3rantoe' whose mailing address is _ , and )3AL HARBOL a
VILLAGE, a Florida municipal corporation (the "Omatoe'), whose malling address is 655 96th
Street, Bat Harbour, Florida 33154.
-WITNESSETH.
'That Grantor, for raid in consideration of the sum of Tcn and No/100 Dollars ($10,00) acid
otber good and valuable consideration, the receipt whereof is hereby acknowledged, sloes hereby
grant, bargain, sell, alien, remise,release, convey and confirm unto Grantee the real property (the
"Property') located in Miami -Dade County, Florida, and more particularly described in Exlu'bit "A"
attached hereto.
SUBJECT TO:
1. All easements, conditions, coveruwts, m8hictions, reservations, limiwom and
agreements of record,provldcd thstthis instrument Shull not ivimposo same.
2. Real estate texas for the year 2012 and all subsequent years.
3. Existing applicable governmental building and zoning ordinances and ofrter
governmental regulations.
TOGETHER ivith all tho tenements, hweditamenig and applutenancos belonging or in any
way appertaining to rile Property.
TO HAVE AND TO HOLD iliasame in fee simple forever.
AND GRANTOR hereby covenants with Grantee that 01=Wr is lawfully seized of iite
I'ropeAty in feo simplo; that Grantor has good right and lawful auQuority to sell and convey the
Property; and that t tumor does horeby filly warrant the title to the Property and will defend the
same against the lawlltl daims of all petsons claiming by, through or Larder Grantor.
IN R'PP_NFSS NVIMrrU1!, Grantor has causei this Special Warranty Geed to he execulvd
as of the day and year first written above.
Signed, scaled and delivered
in our presence.
Print Name
PriatName
STATE OF FLORli)A
COUNTY OF MIAMi-DADB
FLAMINGO WAY )FNM+RPRISES, Lt.C, a
Florida limited liability counpaay
NOT ROIL EXEC GTION
Iiy;
Nacre: Joseph Imbesi Y
Title: .President
The foregoing instrument was Mdcnowladged before me this any of 2012 by
Jospe#u Imbesit tbo President of Flamingo Nay Enterprism, LLC, a Florida limited liability
company wbo (bock ate) [ j is personally known to me or [ ] has produced a Flwida drivers
liccnsa as identillcation.
a
Notan�Pnb&e, Stafo of Irlodda
FrintNarno;
Commission Expires:
i xIlibit "A"
(to $pvvlal Warranty Deed)
A portion of Yroct'E' of RMEMAL UC• ION OF ML HARMR,Oo9otdlrV to the plat tlimot, as recorded
In P'at gook 44,ttt Page 98,otihe PuWo rme4rdtof f Abm1'Oade Count(, PlpOm beklg more Pwflcuk*
deecrlbod of lalte":
OO)AMEICE (it4he InformolibnofiMHathegyandVOORtyRight-atWayihesofBatBayDrlVa#whce
N,73'32W W, fot54,9& fs0t ;o a pot'd oftnom ov of a olrodOr cum cono 9e to the Southwoab thencs
cantlnue Northvmatoony and Waxfet9j ci9ng tiro ao W aaki abcxfld cUrva b the left, hating o asrnfal ex�Ss
of 1212VO? and mdkts of 120M toot for ott oro distancs of 26,16feaif sold tx W bear NA3°5t IT E, front
fhe ae W of e,mro;tha last dosr.Med ore abo knom) caihs Idofthe+N Mkt of Way Ids ofthe above
m�lonod9a10ayBfiwtiA.enceN.22°A6'b�'E„forddbTanaotaf82.4tfeahilf�ae•N.?A't4'!3'S„faa
dsfv,'tos of 1345 toot to thu POINT Of t-11NNINO of ilm parcel of lard, therroe
M74 E. for a distoriod of 75A9 1e0 lh®nco& 0`40le E, fof a dlatance of 24,76 feet t0 the 1m*s cllrn
with the Wottedy f&ght Warr, a of"Wy 014o (a E0' feet vide Road). soM polntboars N.5b°3829' W,
from the center of curve. the obove moat;;,jwd Westerly Rlght#lA'ay Ano a*o b0bg a nondangant abalfar
cove concave io the Eosfedp irmirce continue WhweiWir along to asa W sold 91rcukv cunfeta Me
left, hoWma a =Irol angle of C&'&6'3d' and a rodke of MOD tool for an om distance el5I RI faetr 000
ONbsati N, 0615114' W, }torn rile center of curia; thehoo N. 6711WW W. for o dhtanoa of 7584feet to
ins POkYf.OF SE�NNINt�,
ContokVngs 2A72 SgUat9 Feet afOA6Aercrf, more or lost.
Exhibit Gt - ftiningo ISO -Lien Affidavit
N071HEN POSSESSION AND G AFF'IDriM
STATE OF FLORIDA )
) ss:
CC3LH+1T OF Iv1IAMI-DAM1 )
BBFORE MLA, the undersigned authority, personally appeared Joseph Imbesi ("ATam,)
who being first duly sworn upon oath, deposes and says.
1. That the AMmt is the President of Flamingo Way enterprises, LLC, a Florida
limitedliability eomparry (the "ComparV).
2. That tho Company is the owrwr of fee simple title to the real property located in Bel
Harbour, Miami Dado County, Florida, mote partivAirly desoribed on Exhibit "A" attakhod horeto
and by this reference inade a part hereof ("Pmperty")
3, 'I1mi tlrare are no construction, mechanics', matarini mans' or laborers' tiers filed
against the Property or any portion thereof,hit there have been no repairs, irnpraymnews or other
work done to or labor, materials or xrvices bestowed upon the Property or any portion thereof for
which any or all of the cost of the same remains unpaid; and that no person, firm or corporation is
enthtad to a construction lien against the Properly ur any portion thereof under Chapter 713 of the
Florida Statutes.
4, That no person, i'i m. or corporation has any Interest, cWm of possession, or contract
right with respect to the Property or any portion thereof, and there are no t&cts )mown to Afneat
which would give rise to such a claim being asserted against the Pniperty or any portion thereof,
5, That therm tote no unsatisfled Judgments or any federal, state or wtuuy iax
deficiencies, which are a Hen against the Nopeity or any portion ibeeeof.
6, That the Property is free and cloar• of all mortgages lions, taxes, assessrnonts, fees,
and encumbrances whatsoever, except for real estate taxes accruing, subsequent to WSBRT
EFFECTNI3 DATE OF TITLE COMMIPMER11. has complied with
the requirements of Section 196.295, Florida Statutes, regarding the, wwrowing of prorated real
estate taxes for 2011 with the Miaml-Dude CQunty Tax Collector,
7. That there is no pending litigation or dispute imolvfng or concerning the k+catioh of
the bonndarW; of the Property or any portion theroof,
8. There, are no actions or prooF ings now ptoding in any btate or fedorQl court to
hiuch the Crsnpany is a patty that would afRctthe Company anNor title to the Property or any
portion thereof,
9. That to the beat of Affiant's knowleto therc to no unrecorded easeawnts or claims
of crag rueats affecting thu Pmporty or any portion thereof.
i
lti. That tlto Company is duly forvud and ingood standing acxQrding to tiro laws of the
Stats ofFlorids,
It. That there, are no mattes pending against tbd Conyaaay that amid give rise to a lieu
Lid would auwh to the Property or any portion thereof betwoon P-4ERT EFFECTIVE DXM oV
TIT.GTi COMMMviENP] -- and the recording of, that certain deed by the
Coo prmy to Bal harbour Villago, a Ftorfda rswnicipai corporation C grantee') widi respect to the
Property and fiat rho Company furs not and .vili not execute any instroment that would adversely
affect the tiilo to the Property or any portion timof is connootion with Ibc. oxecutlon and daliM
of said deed.
12. Affvart recognizes that thauteo is matorlafly relying on the voracity of the contents
of this Affidavit, and that this Affidavit is being givon for the purpose of inducing Grantee to arxept
aoenveya ice ofth0Pro" from the Compmly.
Tri ATI—JBRAFFJANTSAYETHNAUGHT.
NOT FOR FAECUTION''
Josephbnbod
Sworn to and subscribed before -we ibis _,__, day of 2012, by Joseph Ttnbcsl
who (check one) [ ] Is personally known to the or j ] has prohood
as Identification.
WotfgPobfic, Stato ofFiorida.
A ply corm iRsion �Xpiros:
Print or Type'Natna of Notary Public
Exhibit "A,
(to No•J.dea, Poitossaion And Gap Affidavit)
AP041MofTtooMr Of WONNTA MOTION OFBALHARBWi!.gccardIngtothe �q Itha�aataoreoerdod
In Plot Book 44, at ?ago 96, of the PQW Records of MIamFDado CouNy, tioddo, bemgmore patttnsla'tlr
dosodbod 0 fallaket
COMMENCE of the h1vuseciianofthe Notthotlyand Westerlytight-at-Waythes ofWBa o";g ni e
N.73B2'tiG" W. tot US$ toctto a point of tohgctsoy of a 01t0t6or CUme, con oavetothe SoOlwmtf themo
costkweNorthwedaiyandWetfarlyBorgthe arc oftaldcbaalor0.4votottx (elt,htmnaaContra) angle,
of 14`M2 and a roft of 12C.00 That for on am distance of 26.15 two add point pam i9Ai` P10, E, pore
The carder of otrva; #* kzat doacaw oto afro known 0i to Notthoey wd-opmay t w of the above
ma -Monad Ed SoyCdva, thenoo N, W46V E., for a dk woe, of 92A Trait thence U. 74-#1x e, to a
dkfunce of 13,S6 taef to the POINT OR BEGiNMNG of the hem&)afterdonx9ted pace) of kr.d: %mig
97411413* E. fara d furs of 76A9 feott thence S, W40161 P. for a distance of24,76 fuel to the htenactleon
vJdi the WwhWv R10.1Woy@ie of Bel liar DiWe ( a W feet Mde.Road ),add print b at►N, 36"38 V W,
from the canter of curve, the above tnenilmod Wottotty ROW -Way One ako beln0 o non tonasnt ckouta
curve omurve,to the E(IS14) thence aomtnue soWhYt6at ly akrng $le cur Of bald alraular cave Who
lert, hcAng0 control ang-:e of 01' 34' and a rodl st of B2440 foot Vcn cm d hone of 81.91 feet- sob
pot'd bears N, 40°1V14' W. from Me C6I1tcr of OUNW ihohce N. 60116141 W, tot a dhtanca of 76,94 foot to
U POINT OF BEGiNNiNrS.
Cohtahting, 2,672 Nucro Poet or 005 Acres, more or lose.
Exhibit 73 - V Ilago Dcod
'1"HIS llv5^r tit.Drri'at:YAkL'[t BY,
Ed&aaao K sm Bsq.
AM%Suota BelBnon PasturlM
Cola R awjstke, P.L.
2535 Ponce da Loan Blvd., Sai:a 703
Coal Oablm Flortdt 33134
THIS SPECIAL WARRANTY DYED is mado and oxocuted this ___ day of
2012, by DAL HARBOUR VILLAGF„ a Florida municipal corporation (the "Grantor'), whose
mailing address is 655 96th Street, Hal Harbour•, Floflda 113154 and FLAMINGO 'WAY
ENTERPRISES, LLC, a Florida limited liability company (the "Gtantoe'% whose mailing addles
is
NrlTXAME TH,
That Grantor, for and In consideration of the swu of Tan and Noll00 Dollars (,10,00) and
other good and valuable consideration, the receipt whereof is hereby aeknowiodged, does hereby
grant, bargain, sell, alien, mtnise, release, convoy and conf nn unto Grantee the real property (the
"PropelVy located in Mi+ani-Etude Comity, Florida, and more particularly described as in Exibit
'N' attached hereto.
SUBI.ECTTO:
4. All easomen% conditions, covenants, restrfWons; resermions, litnitations and
agreements of retard, provided thattids instrument shall not x0impose same.
S. Real estate taxes for the year 2012 and all subsequent years.
6. Existing applicable governmental building and zoning ordinances and other
govetntnentol regulations.
TOtiETHER with all the tenements, hereditamott#s and appurtenances belmtging or in any
uVy appertakr* to the Property.
TO HAVli AND TO HOLD the same in fee simple #graver.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Proptaty in foo shrple; that Grantor has good right and lawRrl authority to sell and convey lira
Property, and that Grantor does hereby Hilly %wmut the title to the Property and will defend the
same against the lawful claims of fill persons claiming by, through or under Grantor.
IN WITNFM W.11FRE011r, Ckantor has caused this Special Wma'anty Deed to be executed
as of the day arAyew flrst waitteaabove,
Signed, sealed anti dofivarad
in our latesmm:
Print Nave
PriutName
APPIROVl3i) AS TO YSOAL SMICIWCY:
By:
Richard Jay Weiss, Village Attorney
STATfs OF FLORIDA
COtJ YOFMIAN -DAM
BAL HARBOUR VIId.AGii, a Morida
municipal ootfroration
NOT FOR LRRCMION
By:
Name: Allied d. Tr4.,p a
Title: Village Manager
ATTEST:
By
81134 Iiorvath, Viliago Clark
The foregoing instrument was acknowledged befbre me No day of 2012
Alfred L Treppoda, as Village Manager of -U Harbour Village, a klorida rnuniclpal corporation
by
(oberk one) [ i is peroonaily known % me or [ ] has produced a Florida drivers license as
Identification.
[SEAL]
Notary Public, State of Plorida
PAntNamat
Conunission Expires:
I ExtiJbit "All
(ta SpMul Warranty Dra)
I A po&nof Treat T of R£SIMTlAL SECTION OF BAL HARBOUR, acooitft to the platthetoat, m recorded
t! In Plot Book 44, at Poo 98, of the PW6o Rocov* of Wnl-Dods Coumy, Halda, Wng mom porikwlxly
d%abed as focmNx
GOMWXNCE at the Intersadion of tha hftot'Iy and %lestety fjhbof.Way kiss at B(A Bay l)Avo; ttva-ico
t N,73 9M V4 fot 54,98faet to a pDW of trr4enoy of a drecAnr aurvo concave to thg 8outtmost° thonce
owlhue NolMvestetty and Vlettar"y along the am of soldckcuhr awe to the left, having a contra angle
t of 1212VO7 Und a wales of MM feet for on am ddonce of 2&18 feet to the POW, OF BEG4NNM c( the
l hatolnotterdesorrmdParcel ofiartd: sold Pont bomNOIST13'Lfrom the conterofcuivwmekwt
desofaed arc alto (mown rn the No4haity Rgh W Wey Its of the ob" mantlorrsl Bol&ryDdvet
4fri®rr®h!,28°46'60'E. fora dttanoeCYM41ieehChance PL74'td'18'E.,for adlstanagof19,%feel,
the,r_o n6 rMir W. for ay 160,66 0124.06 Wt. toihe lntaftoflon Mth a aw-iwoent dreuur curve
conownto the asutbeaA andradbtfo told curve; tltaro�e coniklue Eoufhertymid Soulharet4xtyalangthe
am of tmd atrctdar ema lathe W. ha*ga oentid oVo at 6`23'W and a roalus of 924,00foet fo;on as
00anco or 1022,97lot fO o paTritof ttteneatbn %,Alh a ggit9uilpEltilCYctaTa cwYa cor oaveto tho
80uthvM,, salt paint boot RW27'011 homthe center of ctt!vo:aald am also Wsov41 as the Norihedy
R�tt-afa8ay Uneatiheiabpw rnantiorted eat Bay odva: ti>atlae aenlnuel,IatinatMt cmdNaif»aaferA;
a atangthea0otealdc�radarctivetathettgtit.havingaaettf;alahn[sotto°9B't8'otdara�nofl�tA4D
festfor an am d3lahce of 22,17lost to the POINT OF DrANNNG,
CtmicAingi T,766 Square Feet or044 Aeres, more or law
Exhibit I-yipage No -Lien Affidavit
jS,O-UkN, POSSESSION AND GAP A_FFEPAET
STATE OF A.ORIDA )
) ss.
COUNTY OF MIAMI-DADS )
BEFORE ME, the undersigned authority, per,ortally appeared AlBed .1, Treppeda
rAfflanVj who being first duly trwory upon oath, deposes and says;
1. Thanb-,Afflant Is the Village Manager of )In] Barbour Vlllege, a Florida municipal
corporation (fho "Cornpany").
- 2. That the Company is the owner of £ee simple title to the real property located in Bal
ITarbour, N iaou-Dado County, Florida, ionic particularly described an Exhibit "A" attached homo
and by this rofbrenoo made apart hereof ("Pmperty").
3. 'Chat thorc are no oonsruction, mechanics', materiahnans, or laborors' liens filed
against the Property or any portion thereof; that there have been no zopmrs, improvements or other
work don.. to or labor, materials or services bestowed upon the Property or any pardon thereof for
which any or all of ilia cost of the same remains unpaid; and that no person, flan or corporation is
entitled to a construction lien against the Property or any portion thereof under Chapter 713 of ilia
Florida Statutea,
4. That no person, firm or carporatiou has any interest, claim of possesslon, or contraet
right with respect to the Property or any portion thereof, and them are no flirts hktwtt to Afiiant
which would give rise to such a claim being asserted agalosttho Property or any portion thereof.
S. That there arc no unsatisfied judgments or any fedetul, state or county tax
dafiotendes, which are a lien against the Property or any portion thereof.
6. That the Property is free and clear of all mortgages, liars, taxes, assessments, fees,
and encumbrances whatsoever, except for real estate taxes accruing subsequent to [INSERT
RVFECTArE DATB OF TITLA COMMITMENT]. � has complied witb
the requirements of SeodDn IK245, Florida Statutes, regarding the escrowing of prorated real
estate taxes for 2811 with the Miarni-Dade County Tax Collector.
7. Ttantthore is no pending litigation or dispute involving or concerning the location of
the boundaries ofthe Property or any portion thereof.
S. There are no actions or proceedings now pending in any state or federal court to
whloh tie Company is a party tint would a$ect the Company undlor title to the Property or any
portion thereof.
1'
i
4. Thet.to the best of ASanea knowledge there is no unrecorded easements orolsims
of emments af%sting the Property orany potion thereof.
M That the Company is duly fmuod and in good standing according to the laws of the
State of Florida,
11. That dteiv are no matters pending against the Oompany that could give rise to a lien
? that would rdigtth to tits Pjq* ty or any pariion theeeof between. j1NSFR C i31'PECT'IVE DATE OF
TJTLE COMMETA'h'Pj and the recording of that certain deed by rite
} Company to k1amingo Way nnerprkm, LLC a klorida lbntied liability company (°omyttee") with
roVoot to the Property and Arai the Company has not and will not execute any instrarnent that
t would adversely aftw the title to the Ihop%V or any portion thereof in connection with the
execution and delivery of said dad.
12. Affraut remPbms fhat Grantee is materially relying on tiro veracity of the oortteuts
of ft Affidavit and that this Affidavit is being given for the purpose of Inducing Grantee to ao cqA
i a convoya wo of do Yrepo4 From the Covywy.
PtJTtT71ER AFPiANT 3AYETliAIATICii3T.
NOT FOREXECEMON
Alfred J. TreppWa, Village Manager
APPROVED AS TO LEGAL SUFpiCTIMY:
ATTEST.
By: By:
Richard Jay Weiss, Village Attorney Rllisa Horvath, Village Cicrk
STATE OF FLORIDA
COUNTY OF MIAMI i7ADF
The foregoing instrument was acknowledged before the this —day of Nfarcb, 2012 by
Alined I Treppeda, as Village Manager of Bal Harbour Village, a Florida mruucipal corporntion
who (cbeuk one) [ J is personally known to me or [ J has pwduaed a Florida drivers lictnso ,2s
identifieation,
[SEAL]
Notary Pubbo, State of Florida
Commission Expires:
Sworn to and subscribed before me this,_,,, day of____, 2012, by Alfi)ed t Treppeda
who (check ono) [ ] is personally known to mo or [ J has produced
asidentifloation,
Notary Public, State Of Florida
My conunissionexpirm
Print or T)Te Name of Notary Public
(scar)
i Exhibit AWI
(to No -Lien, Possosdon And Glip Afficlnt lt)
1 A pvnfan of Tracf'E` of RES D&MAt SCY7M OFBAL iV+ OW, pcearc h2 to the PIOt ihatanf, cs baoofded
In Pint Book 44,0 Pop So, of the PjN;: Racotch of Nllarnr pads Caimty, Flodda bofng mcm pcdlo dosty
d&setload aafofn5wt;
COWENCF.atthe WerswAcisof she Nodhedyand Wett6rlyfthfohvlayltnesoff; goyGjMBFihsnice
N,73.32bt1' W. fior 64,48 to atfo a int of loVeney of a dreuke curue concave tO the SOLgi,,;rest, therwe
ot�12ltZtu)d a rf$Ft otI P0,00 fetyet acm ao�doistancca odfo rne7�fotlhe �,4TQn Gxha
Glt�vrNQ of n
her6hoftaf desorp�red parcsl of lgncL, saki ptnt boar N.036B`i3' F. Wm the conforof OUNO; the lost
dele400d an oiso btoytn db the NwthadY Right of-WaY d e cifhe above nwntloned god Boy DAVO;
thence N. 22'4b'E4 F for a.�stpnoeof£ 2,4t toai; therx a N, 74.1413' i v fora dbtonce of ISMfeet;
fheroeN 0°36'14"VLforaobtoncscf24.Obfeet,tvthelrterseaflanwitIsarson-fpnCW#chmbfmm
aoncavafothe Southeast iarcAaliosoldrxFvo;fhersceconikuoSovfhalyOWSO:Fthuresteuydmgthe
ato*Of I dCAatcxn+retc;ttAleit,hwt�pacentraic oot5°23'9a'cxs:foradmof924DOfeetforonm
dlstarla of I34w fort to K polnf ai s enaoHonwith a non Can t citctFkA Curve ooRCave sa the
^ac i y vaatFegki pdnibearb NAb°37ro:'E kom liv Canker of cwva; sekf orc fto brown CS the North;,,*/
Rlghhaf•Waytfie of fha above mardbnod gal gay t)tNet tnenco ocnipxsa Whody and Naf ieasto ly
along Nta arc of mq d Girctfiar C.m+p to fhe r&;M. ttaWng a oertitt pngto or 10,36,18' and a radufot 12NO
tent for an an dbhum of 22,17 taotta the Po>nrapnec�aanan .
COnlahlrom1.7666gUweFWoraWorw,moroorlash
N TIM CIRC UTT COURT OF THE
LLI3VLNTTI TUDTCTAL CIRCUIT IN AND
FOR MIA_MI-DADS COUNTY, FLORIDA
CIF.NF.RAI, JURISDICTION
VLAMI-;If:i0 44'Ay LT,.C'., e
Florida limited liability company; C;ASE'NCI:
I'la intill;
u,
AJ., I[AR.T OUR VIT.LA(+F, n Flrnidaa
m itmicipal corporation,
Dde-adapt.
,ST.IN:fh�OT�S
l'o Uch $hcrlffof1he State:
YOU ARE TT.FRT!'BY COMMANDED to serw this Summons, and ca wpy of the
Complaint in the, above -styled case tapmt the -Defendant:
BAL HARBOU 2. VILLAGE
do .Iran Rosenfield, as Mayor
Ball Harbour Village Hall
655 96tb Street
Rai Ffarhaanr, floridu 33154
111ae Derclldautt is hereby mquired to serve written dofeitscs to the C;omplaLtt on Ylaitatill's
aionaeys, whose name and ucltlra«as are:
Angel A_ Corfiftq, F;;quire
.lonnihan I I Kmkel, li qui.re
GLNSIER, YOAKLEY & STFWART, P.A.
CtreIiisoyne.Tovyer. Smite 340
Sod) N"Cayoe Rooleviard
1+Iisami,Flm'ielaa 3313{
Altbia 20 days after service ofthis Suntnions on that Dcfondsut, exclusive of the <luy or wi'vim,
and to file the original of the defeuws with the Cleric of this COnt't either before smiea on
Plaintiffs` atternc} or immediately thenaller. IF a Defendant Coils to do so. a default will t�
entered aWtinst 1114L Defendant fuT dre Teliel`demsmiied in ft C'ontphaint.
T}s1ec1 t6ia _ _ day of r'�pril ?.414
Harvey Ruvin
Clerk of,' the Count'
r1x Depul.y' Clerk
"If you are a person with it disability who needs any accommodation in order to
participate in tills proceeding, You are entitled, at no cost to you, to the provisiuu of
certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA
st
Coordinator, Lawson F. Thomm Courthouse Center, 175 NW 1 Avc., Suite 2702,
Miami, Fi. 33128, Telephone (305) 3A9-7175; TOT) (305) 349-7174, Fax (30,5) 349-
7355 lit lemst 7 days before your scheduled court appearance, or immediately upon
rweiving this notification if the tine before the sclicduled. uppeariume is less titan 7
tiny$; if ynu are hearing or voice impaired, call 71 L i
"Si tr ied es unit Persona minusvilida sue nccesifit algtill acontodatniento pars
pallor participnr cn ate procedimicuto, usted tiene derecho, sin tenor gastns
propios, a slue sc It: .proven clerta aynda. Tenga la amabilidad deponerse en
N1
coutacto Con l..awsntt E. Thomas Courthouse Cmicrt 175 NW 1 Ave., Suite 2702,
Miami, Ff., 3.1128, telkfono ntimero (305) 349-717$; TDD (305) 349.7174, por to
menos 7 dias allies de In clta i iada Para sit conipareccaeia en ins tribunales, it
inmediatauent , despuks de reelbir esta notificacibn si of tieutpo allies de la
comparecencia que at Ito prograumdo es mottos tie 7 liras; si usted time
diseapucitacidg del oido o de In voi, Ibtnle aI 711."
"Si ou sa you .moult ki en lint ki benven akontodosyon Pon iv kit patisipe unit pwosedi
so, oil kaill}r. still on pa gen okeim Injon poll w peyc, hru pwovizyou poll jwen kkk
W. Tanpri koutnlcte Kriato Garber, libbdouW pwograw Lwa poll ameriken ki
Enfant yo nou Tribinol Konto'Miami-Dade la ki non 175 a*i'9i' 1v1 Ave„ Suite 2702,
Miami, FL 33128; teiefan li se (305) 349-7175, TDD (305) 349-7174nan 7 jou anvan
(lit oil gen raiidevott poll parks unit tribinal ]a, otibycn itnedyatumn. apre till fin
reseviva lionvoltasyon nit si lk on gen poll w parks call tiibinal lit utivens ke 7 jou; si
on gen pivobikut Pon w tande oubyen pale, rele 711."
MIS nt^1*VFA171177i
3