No Lien Affidavit of SellerNO LIE\ .Ah'FIDAVI7' OF SELLN:N
(including FIRPTA)
(NL~IN YAILCFT.)
ST:~'I'F. OF FLORIDA )
SS
COUNTY OF A11:1~7f-DADE )
The undersigned, ED\i'lV F. GOl\ZALEL and GRACE GO~7,ALEZ, husband and wi lc
havine an address at 10295 Collins Avenue, i;nit 702, Bal Harbour, Florida 331 ~4 (colleetively,
"Owner"), swears under oath, deposes, represents, wan-ants, and says:
1) Owner is the owner of fee simple title to the property describe] in Exhibit "A" ("Property").
2) Owner' has not sold, transferred; assigned or com~eyed title to the Property prior to the
transti;r to CI'hY OF NIIA~'H KF.ACH, a municipal corporation having an address at 1'UU
Convention Center llrive, h]iarni Beach. hI. 33131 ("CiR•") as fo an undivided GS°,•b interest:utd
B:1Y ROAD PAR'1TERS, LLC, a Florida limited liability company having att address at 330
~'~' Street, ~-liami Bunch. 1' L 3 3 139 ("Bay Road"), as to an undivided 35"o interest, as Tenants in
Common, (City and l3ay Road, collectively, "Purchaser").
3) The Property and all impn?vcmcnts thereon arc free and clear of all mortgages; taxes and
jud~.~ncnts except lirr: real estate taxes for 2009 not yet due and payable and subsequent years.
comprehensive land use plans, Toning and other restrictions, regulations and prahibilions
imposed by govenmtenta] authorities, restrictions and mutters appearing on the plat err otherwise
common to the subdivision, a mortgage to be discharged at closing, malltrs which an accurate
sur ey of the Property world disclose, and the conditions. restrictions, limitations, reservations,
declarations, easements, dedications and agreements of record, if any. set lirrth on (i) Chicago
Title Insurance Company CommiUnents Nos. (i) Title No.:300807834, Agent Ordur:`Filc No.:
CITY' OF \913 R 3-24-U9, and (ii) Ti[lc Nn.: 3U0902~03, Agent OrderrFilc No.: BAY' ROAD
UU'fl'.4RCl;L, both issued by 'few Cardenas, LLP with a effective dates of 19arch 3,
3009!uil L•UU p.m., (collectively, the "Conunifinents") (all matters above, collectively the
"Permitted F,xccptions") without intent to reimpose the same.
4) There are no legal actions, tn[crnal Revenue Scn ice claims, State tax claims, orather matter
pending that could ripen into a lien or encumbrance on the Property or the improvements
thereon.
5) There are nu actions or proceedings now pending in any state or Fcdcral Court to .which
Owner is a party, including, but not limited to, proceedings in bankruptcy; receivership or
insoh envy, nor are there and judgments, batilcruptcies; liens or executions of any nature ~~°hich
constitute or could constitute a charge ar lien upon the I'ropurty.
(i) \Vith respect to the Property, no materials, labor or services (i) have been furnished,
per[irrnted or supplied for at least the 9U days prior to this date fir which payment has not been
made in li+ll or (ii) have been contracted to be fumishcx9, performed or supplied at a future data
for which payment has not bcctit made in full; and there ore no unpaid mechtutic's; rnaterialmeti s,
Vu lien :1ffui;rvii or Selkr - A1B-[3RP Main I'azecl \'?
3!26i20p9
construction or other liens afTecting the Property or actual or potential claims on account ofany
material, labor or services.
7) Owner has received no notice of proposed assessments fbr real estate taxes for prior years,
nor has Chvncr received a bill for outstanding real estate lax assessments fbr any prior year.
K) Owner is in sole control and possession ofthe Property, and there are no parties ~a•hich have
am leasehold or license interest in, to or under the Property or rig= t to possession of arty portion
of the Property, subject to the rig}tts of "frenutnt Towing, lnc. as tenant only pursuant to an
unrecorded ]case to be tonninated simultaneously herewith.
9) There arc no unrecorded casements, claims ofcasements or rights of way affecting all or any
portion of the Property.
10) Between ~•larch 2, 2UU9 (ii';l I :00 p.m. and the date upon which the deed to the Property is
recorded, O+vner has not and will not execute any instmments or lake any action that would
adversely affect. the title to or the interest to be insured in the Property and Ow•ncr is not aware of
any matter that crwld adversely at7ect such title or interest.
11) Owner, under penalty of perjury represents and warrants that Owner is not a "foreign person"
as defined in the Foreign lnvcstment in Rcal Property Act wdificd in Section 1=445 of the
Inlcrttal Revenue Code, as supplemented by the rules and regulations pertaining thereto; Chvncr's
taxpayer identification numbers arc: EIriYIN F. GOV%ALEZ and
GRACE GONZ:IL)/Z .Owner's address is as set forth above.
1?) Owner ackno+vlcdges that this instrument is being made w induct (i) Purchaser, and its
successors and%or assigns, to part with valuable consideration and consummate the purchase of
the Property, and (ii) Chicago Title Insurance Company Cummilrnent and its agent Tc+v
Cardenas, LLP (collectively, the "Title Company"), to agree to issue title insurance policies and
endorscmtcnts in connection with Purchaser's interests in the Property, and that Purchaser, and
Title Company arc relying on the veracity of the contents ofthis instrument. All matters set forth
above arc truthful and accurate. Owner agrees to indemnity and hold hamtless Purchaser and
Title Company, and their respective members, heirs, successors and assigns, from all claims,
dcm;uttls, actions, losses, liabilities, settlements, judgments, damages, costs. expenses and fees
(including, without limitation, attorncy~ fees and costs at trial and upon appeal) that arise as a
result of or in corutcction with the falsity or inaccuracy of any statement made above ar the
breach of any representation or warranty made in this instrument.
~S1G~AT[?RL PAGE FOLLO~VSJ
Nu liars AtiiJnvit ul'tiellar - Mf3-nRP Main Parcel y2
~~a~:zove
Sighed, sealed and delivc7cd
in the presence of: (as to all signatures)
Sign Name:
~t1'iatcss ~1
Print Kame:
Sign i:ame:
4V fitness ?r2
Print Vame:
STATE OF FLORID:1
COUV'hY OF MIAMI-D:~DE
EU~VI~ F. GOVZALEZ
(;RAt::F. GO)\ZALEL
SS
T}te foregoing instnnnent w•as aclux~4vledged bclore me this _ day of , 2009, by
EllV1'IV F. GOVLALE7. and GR:~CF: COtiZALE!.. The; arc personally known to me or have
provided _ as identification (strike oraej.
Sign Name: _--
Print T~atnc: _ __
~9y Comrnissio^ Expires: NOTARY YIiBLIC, ST:~TC OF ItLORIDA
Serial No.(None, if blank): ~VO'1'ARIAL SE:~L~
Nt+licn :\nidwit of Scllw- 11n-Bttl' ~t;iin Parcel ~''1
.iPbr?1109
ESIIIBI7' "A"
LECAI: DESC121YTION
(Main Parcel)
All of Lot 1 and Lot 2, Less the \orth tour (4) feet of the H;ast 112 of said Lot 2,
Block 14-.A, ISLAND VIEW ADDITION, according to the plat thereof, as
recorded in Plat Book 9 at Page 144, and together with the East 112 of Lot 7 and
all of Lot 8, Block 14,'1'HE i1LTUN BEACH Rh.ALTY CU1'1 PA~1Y'S PLAT' OF
ISL:~~'D VI ENV SUBllI~'ISION, according to the plat thereof, xs recorded in flat
Book 6 at Page 115, both being recorded in the Public Records of )•liami-Dade
County, Florida.
No lien Allidavit of Scllrr- AIB-BRP A9 ain Parcel V2