Affidavit (2)
AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally
appeared R. Anthony Goldman, as President of The Ballet Valet
Corp., a Florida corporation, sole general partner of The Ballet
Valet Parking Company, Ltd., a Florida limited partnership,
hereinafter called Affiant, who upon being first duly sworn,
deposed and said:
1. That The Ballet Valet Parking Company, Ltd., a
Florida limited partnership, is the seller (the "Owner") of the
property more particularly described as follows (the "Property"):
Lot 6, Block 34 of Ocean Beach First
Addition No. 1 according to the Plat
thereof, as recorded in Plat Book 3 at
Page 11 of the Public Records of Dade
County, Florida.
2. That the Property is free and clear of all liens,
taxes, encumbrances and claims of every nature, kind and
description whatsoever, except for real property taxes for the
year 1994 and subsequent years.
3. That there have been no improvements, alterations
or repairs to the Property, the costs of which remain unpaid;
that there are no persons who claim or could claim mechanics',
materialmen's or laborer's liens against the Property.
4. Except as shown on schedule "A" attached hereto
the Owner is in full, complete and undisputed possession of the
Property and that there are no mortgages, leases, liens,
options, claims or interests which will be held thereon by any
party subsequent to the closing of the sale of the Property to
Buyer.
5. That there are no matters pending against Owner
which could give rise to a lien that would attach to the
Property between the disbursing of the funds and the recording
of the interest to be insured, and that Owner has not executed
any instrument and has not granted any interest affecting the
Property from the date of the commitment for the insurance of
title to the Property through the date hereof, and that Owner
shall not execute any instrument or grant any interest affecting
the Property from the date hereof through and including the date
of the consummation of the sale of the Property.
6. That this Affidavit is made as an inducement to
and as a substantial part of the consideration for The City of
Miami Beach, a Florida municipal corporation (the "Buyer"), to
consummate the purchase of the Property by Warranty Deed and to
Chicago Title Insurance Company to insure title to the Property,
pursuant to Commitment No. 10-0198-10-003910.
7. All applicable sales taxes, if any, have been paid
in connection with the operation of the Property.
8. That, to the best of Owner's knowledge, no
judgment or decree has been entered against Owner in any court
of this State or of the United States which remains unsatisfied.
9. Section 1445, of the Internal Revenue Code provides
that a transferee of a United States real property interest must
withhold tax if the transferor is a foreign person. To inform
the transferee that withholding of tax is not required upon the
disposition of the united States real property interest by
Owner, Owner hereby certifies:
(1)
The Owner is not a non-resident alien for purposes
of united States income taxation.
(2 )
That Owner E mai liOg address is:
"LIO ~'J~~'
Ml \ C, L ~3f3'[.
(3 )
That Owner's tax identification number is:
/3-35(,0 /10'17 .
Owner understands that the certification contained in
this paragraph 9 may be disclosed to the Internal Revenue
Service by transferee and that any false statement(s) made
herein could be punishable by fine, imprisonment or both.
Under penalties of perjury, Affiant hereby declares
that Affiant has examined this Affidavit and further declares to
the best of Affiant's knowledge and belief, the statements
contained in this Affidavit are true, correct and omplete.
STATE OF FLORIDA
)
)SS:
)
COUNTY OF DADE
~\~e fOreg~~Q~strument was acknowledged before me
this ~ day of YV0 ,1994, by R. Anthony Goldman, as
President of The Ballet alet Corp., a Florida corporation, sole
general partner of The Ballet Valet Company, Ltd., a Florida
limited partnership, who is personally known to me and who
acknowledged the foregoing on behalf of said corporation.
~~,.,a~
Prlnt Name: ~ CYJY~I
Cornmission/Seri 1 No.: CG J/07Qg
My Commission Expires:
(NOTARY SEAL)
AL1/2739
SCHEDULE A
That certain Lease Agreement by and between The Ballet
Valet Parking Company, Ltd., a Florida limited partnership and
Sin City, Inc., a Florida corporation. The Tenant has been
notified that it must vacate the Leased Premises pursuant to the
terms of a separate agreement.
ALl/2739