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No Lien and Gap Affidavit , , NO LIEN AND GAP AFFIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME the undersigned authority, duly qualified to take acknowledgments and administer oaths within the applicable state, personally appeared David Dermer (the "Affiant"), as Chairman of MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency"), on behalf of the Agency, who after being duly sworn, deposes and says for this affidavit dated as of the ! 'jtfl.- day of February, 2005 (the "Affidavit"): 1. I am the Chairman of the Agency and I make the Affidavit in that capacity. The Agency is the owner of the Property and the landlord with respect to that certain Agreement of Lease recorded among the Public Records of Miami-Dade County, Florida in Official Records Book 18170, at Page 893. 2. The Agency is the owner of that certain real property situated in Miami-Dade County, Florida, as more particularly described on Exhibit A attached hereto and made a part hereof (the "Property") and has not heretofore transferred or assigned all or any portion of its right, title or interest in the Property. 3. The Property is free and clear of all liens, taxes, encumbrances, and claims of every kind, nature, and description whatsoever, except for those matters described in First National Title Insurance Company (the "Title Company") Title Commitment Number CD04- 101537, with an effective date of January 4,2005 at 5:00 p.m. (the "Title Commitment"). 4. Any and all labor, materials, and supplies which have been furnished, used, or applied upon the Property at the Agency's written direction, request, or instruction within the past ninety (90) days have been fully paid for and discharged or provisions have been made therefor. There are no construction, material supplier's, or laborer's liens against Agency's interest in the Property, or any part thereof, and no contractor, subcontractor, laborer, or material supplier, engineer, architect, landscape architect, or land surveyor has any lien or right to a lien against the Agency's interest in the Property, or any part thereof. 5. No judgment or decree has been entered in any court of the States of Florida or the United States against the Agency that affects the Property that remains unsatisfied, and there is no action or proceeding before any court, quasi-judicial body, or administrative agency which could affect the Agency's title to the Property or the right or power of the Agency to sell the Property to the Purchaser. The Agency is not and has not been involved in bankruptcy proceedings. 6. There has been no change in title to the Property from and after the effective date and time of the Title Commitment, and there are no matters pending which could give rise to a lien that would attach to the Property, and further, the Agency has not executed, and w covenants not to execute any instrument that would adversely affect title to the Property between the date and time referenced above and the date of recordation of the deed delivered by the Agency to Purchaser. 7. There are no taxes or assessments due to any taxing authority with respect to the Agency's interest in the Property. 8. This Affidavit is made for the purpose of inducing Purchaser to purchase the Property and the Title Company to issue an owner's policy of title insurance in connection with such purchase. 9. Affiant further states that Affiant is familiar with the nature of an oath and with penalties as provided by the laws of the applicable state for falsely swearing statements made in an instrument of this nature. Affiant further certifies that Affiant has read, or has had read to Affiant, the full facts of this Affidavit, and understands its content. REDEVELOPMENT AGENCY, c p, rate and politic By: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) SWORN TO AND SUBSCRIBED before me this jf;Mday of February, 2005 by David Dermer, as Chairman of MIAMI BEACH REDEVELOPMENT AGENCY. He is personally known to me or produced a valid driver's license as, identification. "'_ p _()~~A:) No ry blic, State of Florida My commission expires: "tUtlt", YAMUX MORALES m'~I!!v." . j>Jl \ NoIary PubIc . state of FIodda i' . ~"''''''I1lJiIIIIFebl&.2(D \~ "COmrnluIon (# DO 362911 · 'd'Xi'" IondIdIt{NaIonaI NoDy-.. (fl/ 2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:/Minsker/C.M.B.lCrownePlazalConveyancing DocsINo Lien and Gap Affidavit Agency RP V3l'fi f u() II A . ~ >-(\"..01; Redevelopment Agency. Date General counsEf~f EXHIBIT A DESCRIPTION OF THE LAND RP LAND The South 12.65 feet (measured along the lot line) of Lots 7 and 14, all of Lots 6 and 15 and the North 10.0 feet (measured along the lot line) of Lots 5 and 16, all in Block 56, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the plat thereof, as recorded in Plat Book 2, at Page 77, of the Public Records of Dade County, Florida, together with that certain parcel of land lying East and adjacent to the above described parcel; said parcel bounded on the South by the South line of the above described parcel extended Easterly; bounded on the North by the North line of the above described parcel extended Easterly; bounded on the East by the Erosion Control Line of the Atlantic Ocean and bounded on the West by the East line of the above mentioned Block 56. SHORECREST LAND The South 40.00 feet (measured along the lot line) of Lots 5 and 16 and the North one-half of Lots 4 and 17, all in Block 56, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the plat thereof, as recorded in Plat Book 2, at Page 77, of the Public Records of Dade County, Florida, together with that certain parcel of land lying East and adjacent to the above described parcel; said parcel bounded on the South by the South line of the above described parcel extended Easterly; bounded on the North by the North line of the above described parcel extended Easterly; bounded on the East by the Erosion Control Line of the Atlantic Ocean and bounded on the West by the East line of the above mentioned Block 56. All lands described above located, lying and being in Section 34, Township 53 South, Range 42 East, in the City of Miami Beach, Dade County, Florida.