Affidavit by John King, Jr., and Amy King t
AFFIDAVIT
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Before me, the undersigned Notary Public, personally appeared John King, Jr. an
Amy King ( "AtTiant "), who are personally known to me or wlio have produ
'FL- ►�. P av - v 02.5 IZ.00v*F as identification and, who, upon first being c'uly sworn on oa ,
deposed and said as follows:
1. That John King, Jr. is the President of Polkin, Inc., a Florida corporation (the
"Corporation ").
2. That Amy King is the Secretary of Polkin, Inc., a Florida corporation.
3. That the Corporation is the owner of that certain real property described is
follows:
Lot 7, less the North 10 feet Lots 9 and 11, and the North 25 feet of Lots 10 and 12,
Block 2, AMENDED MAP OF THE OCEANFRONT PROPERTY OF THE MIAMI
BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in
Plat Book 5, Page 7, of the Public Records of Dade County, Florida.
said property being hereinafter referred to as the "Property".
4. The Property is free and clear of all liens, taxes, encumbrances and claims of
every nature, kind and description whatsoever, except those shown on Attorneys' Title
Insurance Fund ( "Title Company ") mortgagee's title insurance comn itment #C- 2602785
( "Commitment ").
5. The Corporation is in possession of the Property and no ont else is in possession
of the Property and no other person, corporation or entity has any right or lawful claim lo
possession or use thereof.
6. No judgments have been rendered and no suits are now pending, in any court of
record, which impairs or involves title to the Property, nor have any writs of execution cr
attachment, issued from any court (including a court of the Justice of the Peace), been levied
within the past ten (10) days, upon the Property or in the County where the Property is situate.
7. That there are no mortgages, deeds of trust or vendor's lien notices, or any oth r
kinds of liens of any kind or character now outstanding against the Property except as shown
on the Commitment.
8. That no petition in bankruptcy has been filed by or against the Corporation
within the past twelve (12) months, in any Federal court in the United Sta
9. That all persons, firms or corporations who have perfo ed labor or suppli ed
materials upon the Property, if any, have been fully paid and that there • no person, firm or
corporation who has any right or claim of lien against the Property or having furnish
material or performed labor thereon; and that there have been no improv ments, alterations r
repairs to the Property for which the costs thereof remain unpaid; that there are o
construction, mechanics', materialmen's, or laborer's liens against th Property; that o
violation of municipal ordinances pertaining to the Property exists; that of the date of is
Affidavit, no improvements have been commenced on the Property nor has any labor n
furnished and no building materials have been delivered to or stored upon e Property.
10. Affiant will not permit any instrument to be recorded amonlr the Public Reco :05\
of Dade County, Florida, subsequent to October 8, 1997, at 11:00 P.M., through the date f
recording of the Deed from Affiant to City of Miami Beach ( "Buyer ") with respect to t qH\
Property.
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11. That this Affidavit is made under penalties of perjury. in addition, Affia t
declares that he has examined this Affidavit and to the best of Affiant's knowledge and belief t
is true, correct and complete and that Affiant has the authority and capacity to execute th'
Affidavit. The Affiant agrees to indemnify and hold Buyer, Title Company and Gerald
Schwartz, Esq. ( "Title Agent "), harmless if any of the foregoing provisions of this Affidavit a
not true. The foregoing indemnification and hold harmless shall survive the closing and sh
include all costs and expenses incurred by Buyer, Title Company or Title Agent, including, but
not limited to attorneys' fees through all trial and appellate levels ,tnd post judgment
proceedings.
FURTHER AFFIANT SAYETH NAUGHT
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SWORN TO AND SUBSCRIBED BEFORE ME THIS OF FEBRUARY, 1998.
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AFFIDAVIT
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Before me, the undersigned Notary Public, personally appeared John King, Jr.
( "Affiant "), who is personally known to me or who has produced *FL - 0 ezzNi EIS L=C -g,•SE
as identification and, who, upon first being duly sworn on oath, deposed a nd said as follows:
1. Aft is the President of POLKIN, INC., a Florida corporation (the
"Corporation ").
2. The Corporation is the owner of that certain real property described as follows:
Lot 7, less the North 10 feet Lots 9 and 11, and the North 25 feet of Lots 10 and 12,
Block 2, AMENDED MAP OF TILE OCEANFRONT PROPERTY OF THE MIAM!
BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded
Plat Book 5, Page 7, of the Public Records of Dade County, Florida.
said property being hereinafter referred to as the "Property ".
3. The Corporation is not a foreign corporation, foreign partnership, foreign estate or
foreign trust as defined by the Internal Revenue Code of 1986, as amended, or regulations
promulgated thereunder.
4. The Corporation's tax identification number is 59 - ()LD 2..q1 9 2,
and its address is s1 OCF.Au - MAn
- 33V-1 4 1.
5. Affiant understands and acknowledges that this Affidavit may be disclosed to
the Internal Revenue Service and that any false statement contained in this paragraph could
be punished by fine, imprisonment, or both.
FURTHER AFFIANT SAYETH NAUGHT
POLKIN, INC., A FLORIDA CORPORATION
BY:
JO .1, KING, SDIENT c�c ,�C5 ) i 4
SWORN TO AND SUBSCRIBED BEFORE ME THIS27 DAY OF FEB I UARY, 1998
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