No lien affidavit of seller (including FIRPTA) (main parcel)
NO LIEN AFFIDAVIT OF SELLER
(including FIRPTA)
(MAIN PARCEC,)
STATE OF FLORIDA }
SS
COiJ1VTY OF ML4Mt-DADS )
The undersigned, EDW1T' F. GONZALEZ and. GRACE GOi\ZALEZ, husband and wife
having an address at 10295 Collins Avenue, Unit 702, Bal Harbour, Florida 33154 (collectivcly,
"Owner"), swears under oath, deposes, represents, warrants, and says:
1) Owner is the owner of fee simple title to the property described in Exlribit "A" ("Property").
2} Owner has not sold, transfertrd, assigned or conveyed title to the Property prior to the
transfer to CITX OF MIAMI BEACH, a municipal corporation having an address at 1700
Convention Center Drive, Miami Beach, I`L 33131 {"Cit}~') as to an undivided 65% interest and
BAY ROAD PARTNERS, LLC, a Florida limited liability company having an address at 230
5t° Strect, Miami Beach, Fl. 33139 ("Bay Road"), as to an undivided 35%interest, as Tenants in
Common, (City and Bay Road, collectively, "Purchaser").
3) The Property and all improvements thereon are free and clear of all mortgages, taxes and
judgments except foz: real estate taxes for 2009 not yet due and payable and subsequent years,
comprehensive land use plans, coning and other restrictions, regulations and prohibitions
imposed by govemmcntal authorities, restrictions and matters appeazing on the plat or otherwdse
common to the subdivision, a mortgage to be discharged at closing, matters which an accurate
survey of the Property R•ould disclose, and the conditions, restrictions, limitations, reservations,
declarations, easements, dedicafions and agreements of record, if any, set forth on (i) Chicago
Title Insurance Company Commitments Nos. (i) Title X10.:300807834, Agent Order/File No.:
CITX OF MB/R 3-24-09, and (ii) Title No.: 300902408, Agent Order/File No.: BAY ROAD
OUTPARCEL, both issued by Tew Cardenas, LLP writh effective dates of March 2, 2009Ca. 11:06
p.m, (collectively, the "Commitments") (all matters above, collectively the "Permitted
Exceptions") without intent to reimpose the same.
4) There azc no legal actions, Internal Revenue Service claims, State tax claims, or other matters
pending that could ripen into a lien or encumbrance on the Property or the improvements
thereon.
5) There are no actions or proceedings now pending in any state or Federal Cour[ to ~svhich
Owner is a parry, including, but not limited to, proceedings tut bankruptcy, receivership or
insolvency, nor are there any judgrrlents, bankruptcies, liens or executions of any nature which
constitute or could corstitute a charge or lien upon the Property.
6) With respect to the Property, no materials, labor or services (i) have been fmnished,
performed or supplied for at least the 90 days prior to this date for which payment has not been
made in full or (ii) have been contracted to be furnished, performed or supplied at a future date
fur which payment has not been made in full; and there are no unpaid mechanic's, materiahnen's,
No lien Aftidevil of Seller - MB-BRP Mein Percel V 2
3!312009
construction or other liens affecting the Property or actual or potential claims on account of any
material, labor or services.
7) Owner has received no notice of proposed assessments for real estate taxes for prior years,
nor has Owner received a bill for outstanding real estate tax assessments for any prior year.
8) Owner is in sole control and possession of the Property, and there are no parties which have
any Leasehold or license interest in, to or under the Property or right to possession of any portion
of the Property, subject to the rights of Tremont Towing, Inc. as tenant only pursuant to an
unrecorded lease to be terminated simultaneously herewrith.
9) There aze no unrecorded easements, claims of easements or rights of way affecfing atl or any
portion of the Property.
10) Between March 2, 2009 ~ 11:00 p.m. and the date upon which the deed to the Properly is
recorded, Owner has not and will not execute any instruments or take any action that would
adversely affect the title to or the interest to be insured in the Property and Owner is not aware of
any matter that could adversely affect such title or interest.
11) Owner, under penalty of pet jury represents and warrants that Owner is not a "foreign person"
as defined in the Foreign Investment in Real Property Act codified in Section 1445 of the
Internal Revenue Code, as supplemented by the rules and regulations pertainin theret~o,7.Owner's
taxpayer identification numbers are: El)~VIN F. GONZALEZ 21r - ' ~vJ'C and
GRACE GONZALEZ S~t.O- lgl- 3~Poq- Owner's address is as set forth above.
12) Owner acknowledges that this instrument is being made to induce (i) Purchaser, and its
successorsand/or assigns, io part with valuable consideration and consutnmate the purchase of
the Property, and (ii) Chicago Title Insurance Company Commitment and its agent Tew
Cardenas, LLP (collectively, the "Title Company"), to agree to issue title insurance policies and
endorsements in connection with Purchaser's interests in the Property, and that Purchaser; and
Title Company are relying on the veracity of the contents of (his instrument. Ali matters set forth
above are truthful and accurate. Owner agrees to indemnify and hold harmless Purchaser and
Title Company, and their respective members, heirs, successors and assigns, from all claims,
demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses and fees
(including, without limitation, attorneys' fees and costs at trial and upon appeal) that arise as a
result of or in connecaion with the falsity or inaccuracy of any statement made above or the
breach of any representation or warranty made in this instrument.
[SIGNATLRB PAGE FOLLOWS]
No lien Affidavit of Srtler - MB-BRP Main Paiee: V2
3/31/2009
Signed,scaled and delivered
in the presence of: (as to all signatures)
i
Sign Name:_-_, -- `~r`
Witness it 1
~V
ED~~'IN F. ZALEZ
Print Name: ~~~A ~ ~ ~y:~sc~~
/ _ GRACE G0~iZALF7,
Sign Name: G
ztaessu#~2 t ~c R~ ~[~
Anni T~iama• ~' u,~`w ~ ' ~' `~~•l~
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADS )
5~
The foregoing instrument was acknowledged before me this~j day of ~~~ , 2009; by
EDWITI F. GONZALEZ and GRACE GONZALEZ. They • r have
provided ~ L ~ ~ as identification (strike onej.
Sign Name: ~//~~ .
Print Name: ~~ ~ ~~~ _
My Commission E~cpires: NOTARY PUBLIC, STATE OF FLORIDA
Serial No.(None, if blank):
[NOTARIAL SEAL]
,~! CW1Fil~ K MTNFA
dX'" ~~ !fi' COINIISSICN t DD 715591.
py~aadtnn NW7~~~anH
No lien A6fidavit of Seller - b~IB-BRP Main k'arcel V2
313 U2069
N:~CHIBIT "A"
LEGAL DESCRIP'TIU'.V
(Main 1?azcel)
All of Lot 1 and Lot 2, Less the North four (4) feet of the East 1/2 of said Lot 2,
Block 14-A, ISLAND VIEVb' ADDTTION, according to the plat thereof, as
recorded in Plat Book 9 at Page 144, and together with the East 1/2 of Lot 7 and
all of Lot 8, Block 14, THE ALTOl\T BEACH REALTY COMPANX'S PLAT OF
ISLAND VIEW SUBDIVISION, according to the plat thereof, as recorded in Plat
Book 6 at Page lla, both being recorded in the Public Records of Miami-Dade
County, I'lorida.
No lien F,Hidaoit of Belle-• MB-BRP Main Panel V2
3l3U2009