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HomeMy WebLinkAboutR-2005-048 JJ Kelly Zoning Appeal (final) I/ • RESOLUTION NO. 2005-048 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY JOSEPH R. DAWSON, ESQUIRE,ON BEHALF OF JEREMIAH J.KELLY,FOR PROPERTY LOCATED AT 4160 RAVENSWOOD. ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order,requirement,decision or determination made by an administrative official in the enforcement of that chapter; and WHEREAS,Joseph R.Dawson,Esquire,on behalf of Jeremiah J.Kelly,in connection with property generally located at 4160 Ravenswood Road,in Dania Beach,has requested a zoning appeal from the decision of the Director of Community Development, and seeks to establish that storage, sales, rental, leasing, and repair of buses are legal non-conforming uses of the property at 4160 Ravenswood Road, for which a City occupational license may be issued; NOW, THEREFORE, BE IT RESOLVED BY THE CITE' COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request dated March 9,2005 (ZA-10-05)for an administrative appeal, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved, subject to the flowing conditions: a) The current property owner shall execute a Declaration of Restrictive Covenants, to be recorded by the City at the Owner's expense, which will address permissible and prohibited"bus" and motor-vehicle related uses of the property, such document to be approved by the City Community Development Director and the City Attorney. b) Before any occupational license is issued by the City, the City Fire Marshal shall,if the City has jurisdiction, inspect and certify before use any spray painting booth or facilities which are or may be located on the property. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED this 22nd day of March, 2005. 0',Cam-"� ANNE CASTRO MAYOR— COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES ' COMMISSIONER BERTINO —ABSENT LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY -NO MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: /_� 0 BY: I/v , (MN THOMA J. A SBRO CITY ATTORNEY 2 RESOLUTION #2005-048 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH 22, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — ADMINISTRATIVE ZONING APPEAL REQUEST ZA-10-05—JEREMIAH J. KELLY—4160 RAVENSWOOD ROAD 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Joseph R. Dawson, Esquire, on behalf of Jeremiah J. Kelly is requesting an appeal of the decision of the Community Development Director that storage, sales, rental, leasing, and repair of buses is not a legal non-conforming use at 4160 Ravenswood Road. Property is located within the Industrial Research Office Marine (IROM)Zoning District. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Application Public Hearing Notice/Mailing List Location Map • Letter from Attorney Joseph R. Dawson, Esq. Business documentation backup Occupational Licenses Aerial Photographs (attached) 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Date: March 11,2005 Laurence G. Leeds, AICP, Director Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT . STAFF REPORT DATE: February 28, 2005 TO: Ivan Pato, City Attorney VIA: Laurence Leeds, AICP, Director SUBJECT: Joe Dawson, Esq., on behalf of J.J. Kelly, appeals the decision of the Community Development Director that the storage, sales, rental, leasing, and repair of buses is not a legal non-conforming use at 4160 Ravenswood Road The site consists of a building, paved parking, and unpaved parking. The front portion of the building is a two story office. The back portion of the building is a three sided roofed structure consisting of open air bays of sufficient height and length to accommodate the service and repair of buses. A paved automobile parking area is located between the office building and Ravenswood Road. A large unpaved hard- surface area is located next to the rear building. The site was annexed to the city in 1983. At that time, the property was zoned Broward County M-3. At that time, M-3 listed "motor bus terminal" as a permitted use. The property owner has provided no information as to when the building was constructed on the site. In May 1998, the City Commission adopted a temporary moratorium (Ordinance Nos. 09-98, 04-99, and 18-99). Bus sales, leasing, rental, storage or service were not listed as permitted uses under the moratorium zoning regulations. Further, the following uses were specifically excluded: (1) Auto, truck, trailer, and recreational vehicle sales, repair, service, storage, rental, and leasing, and (2) enclosed vehicle service establishments. In August 2000, the City Commission adopted ordinance 2000-028, changing Broward County M-1, M-2, and M-3 zoning districts city-wide to IROM. IROM specifically prohibits: Sales, leasing, rental, service, display, storage, repair or parking (including fleet parking and "pay" parking lots) of any of the following: automobile, aircraft, bus, truck, motorcycle, tractor trailer, recreational vehicle, construction equipment or mobile home. J.l Kell} 4160 Ravenswood Road To determine legal non-conformity, the Community Development Department looks for (1) "government approval" plus (2) evidence of"continuous, uninterrupted use". Evidence of the first requirement is that the existing building seems to have been built to service, repair, paint, and store buses. For evidence of "continuous and uninterrupted use", staff requires than an occupational license shall be issued every year since the use was established. Section 8.1 of the Zoning Code states that failure to use a non-conforming use for six months, or a change to a more restrictive or conforming use shall be considered cessation thereof and such non-conforming use may not be revived. We have attached copies of occupational licenses since 1999. None of the licenses specify bus-related uses. Further, the City issued a license for a permitted IROM use (indoor aircraft parts storage) from 2001-2003. Based on these facts and Section 8.1 of the Zoning Code, the appellant has not met the second requirement of "continuous, uninterrupted use". The applicant has submitted sworn affidavits, leases, and contracts with third parties as evidence of legal non-conformity. Staff has never used this information as a basis to determine legal non-conformity. • The City Attorney has also requested aerial photographs of the site (attached). STAFF DETERMINATION Both the building design and M-3 zoning suggest the appellant has met the first requirement of government approval. However, based on occupational license history (or absence thereof), the applicant has not met the second requirement of continuous and uninterrupted use. 1.1 Kelly 4160 Ravenswood Road Fir- L_Nbt KJt I 3i�uu 1 P. •4' City of Dania Beach, Florida eDepartment of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat MAR 1 2005 ❑ Plat Delegation Request ❑ Rezoning Date Rec d: ❑ Site Plan -- ❑ Special Exception Petition No.: ❑ Special Request O Trafficway Waiver ❑ Variance ❑ Vacation D Rest ! Other: 426:' AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE ACCEPTED. IMiPORTANT• THE APPLICANT OR THEIR AUTHORIZED LEGAL AGENT MUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMMISSION A9EETINGS, • REFER TO THE "APPLICATION TYPE" AND "REQUIRED DOCUMENTATION- CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: 'It co© P'C'a j Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): `J `2 ` 0 i-61Ce?Legal Description: R�A LeAnd co, p S 0 _q 2- j64 1 _ l p_ ' Q Ligo s4y:' Uri Applicant/ConsultankiLeg�presentative circle ore) I\Ye Address of Applicant: to S Business Telephone: `-16) 210(,Horne: C" t Fax: L1 '4(�`1 -C�'?`J� NaMe of Property Owner: Address of Property Owner: �321 Business Telephone: L22 Home: Fax: Explanation of Request: (. tu__4_ ' cj ) tb. ,Mf% iu CUUM e: JHHM HP LRSERJET 32ob p. 2 Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: &,S._fvas--'L , (hsej Proposed Use: D<,v,- - (PJy�pGd USe� Is property owned individually, by a corporation,or a joint venture? i n j V i O lhr lr1 APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/C n ultant/ presentative: This day of eon 20 -Signature: Date: ' -1 ' Sign Nan otary Public (Print Name) NOTARY PU3L'C SIk1 E OF FLORIDA Robert P. Buckley Commission#DD362870 d F Expires: OCT. 14, 2008 Bonded Thry Atiandc son ding Co.,In rint Name of Notary Street Address, City, State and Zip Code Commission Expires: �1 c�" it 6-1 2.) o o - ti' q-1141 _ o8 S Y Seal: Telephone No. &Fax No. INDWIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This -"0 day of Utz,,4 20_ Signature, � , Dat am Notary Public (Print Name) ,"state of ) NOTARYPL'BUC_ST4It OF FLORil?A Robert P. Buckley Commission#DD362870 -r�o c� V_ Ex)lr'es: OCT. 14 Print Name of Notary Street Address, City, a 'ti�jondins c•.,Inc. Commission Expires: Seal: Telephone No. & Fax No. . NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZA-10-05 Notice is hereby given that Joseph R. Dawson, Esquire, on behalf of Jeremiah J. Kelly is requesting an appeal of the decision of the Community Development Director that storage, sales, rental, leasing, and repair of buses is not a legal non-conforming use at 4160 Ravenswood Road. The Dania Beach City Commission will hear this appeal on Tuesday, March 22, 2005, at 7:00 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida. All interested parties may appear at said meeting and be heard with respect to the proposed petition(s). Copies of the proposed petition are available for viewing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, at 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any.person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mail: Friday, March 11, 2005 L\\ � \ L L t j 1 it �l 1 1 t 1. L � C ',1 I 1 \t f , i • Cn I CIO Cr Ul Cn'i Cn Cn CJ1 I Ul i C71 j(T Cn Cn;Ul Ul CT CJl N O O'OIO O,O O O'Oi0'O O 00 Oj0 O.O A;Z 0 N NIN;N'N;N N;N'NiNININ NIN!NN NIN' N!N NjNIN,NiN N!N N1NIN,N!N'NiNjN'N z CD CO'CO I(1 CO CO (I o C. 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Writ wn/L.3S OlaS P,�ff; ill 2005 Ok S1,19175/iTIO I.Sabia954- a Resort AMOOM do, nice furn, scrn Much 6, 821-SOUTH BROWARD Awn-NeW 1'29i LuX TH S�17 DFLD/DEKR CREEK- Houses SOUTH BROWARD �IOLA-'A/D,i!O d0gs, ho-Med 850-2397 CuIdwe!I Banker S`120OMO Fly 561-6 0 Spad=A06VINS 822-CENTRAL Apt&.,Condos,Multi FT LAUD- Centrally located GARDENS PairrAir Family For Rent HIND-Nei%,el 212$81,0 3/2 area, renov a EM In Kttd= Public Hearing BROWARD 'e'27RS from 1910 0 Laundry 100m. No $650.Call 9 -.21-4.114 PIC, pet Ok. $951 pub FIRLISRS aROWAit0ftiWO - RMS,,0% sets.954-963-0,950 0 Dft Large WdM credit only.954.943 Notices 823-NORTH BROWARD 1862 UR'S!ow vivicy fats$1 FT LAUD-Condo ill.rien,2 4400 W.Sample Rd Suite 1 IS 5 PALM AIRE. - OF No I ICE OF Up di S 1 0&I'D 5CI` MIRAMAR--2,'1,1,,.paint& Pools. sec. E of 95 S800 9%973-6il rondo,d o,Houses DOW W..'O 9 4�925 2710�...� tile, aunory '60.T. S�Wol S 100 apip fee 954-2"-4929 16R. lil.' PUBLIC HEARING 824-WEST BROWARD - ----- nio,;eCurity.J54 684-7436 wwvv mintolra.cor" 1000 SQ ft.NiCe/Cle BY THE DANIA BEACH Houses BRUWARD/MIRAMAR - 1/1 . FT LAUD - Dwritwn, 1/1's 0 $815 954-949-3160 CITY COMMISSION 0 2bd S7 10,3b(I-';54- MIRAMAR- Brand rle- 3,,2, from %625, t,le, / a c, new COCONUT CREEK - New 825-BROWARD BEACH ,11-7400 P1 Refit Finders icg..,d,lsi,-v;ew.a:nent- paint Pets OK 9 54-462-4234 Twrinse,2nd storyl PARKLAND- 3.12 PvI a REGARDING THE Area Houses IPIS,S1500.'54-432-0317 view pool Uu 00002 ore I Iv&tarn rm S2295/ 5.30 -1198 C FOLLOWING H COOPER_CiTY-3/Z�.Icil End FT LAUD-Cast.l/ $7110 file S11ZSimo.561-/02 - 4 ill 8 oldwell I 826-PALM BEAC ,,,, "A-10 05 ��i t .20GOSci Tt MIRAMAII_Jrerhi)03/2,ddh gated new appls.91.5 Fri. COUNTY 60 TO.Cor of Silting& rnicartA,C l200/r­n0:rfIc Beacr;(954)228-94 2 DEERFIELD- 1/1 5600 f7-ourt POMP- 1100 sf, 2/; -0inno•0?54 7T- Notice is hereby given 31in:954-614-452-1 i55 -244-5949 M/I speCl Houses T,- yard vie.pool gated, patio cent a/c, that Joseph R. Dawson, FT LAUD-EAST a/ 954-360-0700,ReritFree.Oiz 559-8338 Coral Sho 827-PALM BEACH COOPER CITY/FLAMINGO I MINAMAR/MEL90SE POINT- paint, laundry rch. Annual Esquire,on behalf of Jere- --3/3/C I I"Ca 13i,Des Chis ,Yew Townhouse, 3/31 1 Lse$650MO 954-767-9970 COUNTY pet ok S16 5030 5.-1139-1'833 Bed,&a full bathr on 1st fir. each Area Nod Palm Beach County inian J.Kelly is requesting f;j an appeal of the decision B community, like- FT LAUD/EAST-0 211,Pool, Houses DANIA-3/2.5 T HSE'll New view.S1450 month'Infinity tile.*Wcentral A/C 0 Pets 3 Realty 954 873-9024, Sables Grand isle V,� of the Community bevel- constr Great Prices,Ft Rent OK /DO 954-462-4234 u -West Palm Beach opment Director that 82111l LUCIE COUNTY Finders 954-347-4'91 FT.LAUD- EffiC In Pvrt Hill, SabloNellinglon-Wellington age,sales,rental,leasing, Houses MIRAMARiVILLAGGIO - 1/1 and repair of buses is not 829-MARTIN COUNTY DANIA - 3.2 duplex, 5 in- Condo Resort style-Spa/ Pvrt Ent,Cable,A/C.S450/ utes to Oce.n. $1200 inCl W!D,$10 In 00 cl.Warm mo.9S4-771-6095 aftn Haver1lill Coroons-West Palm Beach a legal non-conforming Houses ,awn Tiamt,6954-922-7067 lyll�hble'e 305-343-3981- FT LAUDERDALE- 3 Or,2 23 -Palm Springs use at 4160 Ravenswood 830-ROO11115 For Rent* Road. The Dania Beach 832-Rentals To Share Y DAINIA,- 372 cup, like 'Lew! MIRAMAR/VILLAGIO Ill, dUPIPX for rent.$11503 Mo. rT; ,,g mcd yrd, d g--atlocl a ill 9S,1-812-9o(ulll. Pc,!o lakes-Wellington YC City commission Will hear Roommate* 31200r/m.9,V32;7-�2,31, FT LAUD/GLEN COVE-under this appeal on Tuesday, 834-OUt Of Area Rellkl;ons-West Palm Reach DANIA iSCH 1/1 Cent AC, PEMBROKE PINES- 50 Firs RRs.New appis.new March 22,2005,at 7:00 P. Rentals tlip. ncl aw.dry/wIctrasn Mo! 2f2 den pool 5785/irt, Runaway Bay-Lantana soon thereafter, 836-Wanted To Rent ;575,Dep.QS4.920 9891 m. or as 954 392-lF00 rertfree.blz P carpet.$675& $900,954-783-108t in the City Commission Residential tS DANIA BCH rl,211 C-are,L11- PEMBROKE PINES San Matra at the Gardens-Paint Beach Gardens Meeting Room of the Da- 840-CornmerclaULO close to bc 'l-A,S..C,t,8 O�', FT LAUD/IMP PT-2/11;Pool, nia Beach City Hall, too Sites For Rent Sasc/mo.9 4 LOVO n.f,,Is,st,Ise.turn$1095, )an Merin"at"Ainsol-Palm Beach Gardens un urn 995.954 895-1277 West Dania Beach Blvd- 85"Ortinl9rciall, DANIA BCH_C Fall in San Michele Andras isle-West Palm Beach Dania Beach Florida. income 1BR S200 S300 Wk. very FT LAUD - IS effic Inc[ util All interested parties Clean,954-922-1888 5625,1/1 cent a/c Inc!util, the Strand-West Palm Beach Property For Rent may appear at said meet- M RESM PVt Yd.$790 954-523-0546 851-Stores;For Rent DANIA BEACH Village Clossinig-West Palm Beach 852- - "5",pea AT PEMBROKE PINES IiTL� Ing and be heard with re- Warehouses/ EofIJSl,m,ot,ru1rnSd 5u"- UO turn"00.954-401-15a6 z spect to the proposed pet- industrial Waterfiont ClenatiS-West P31M Beach ition(s).Copies of the pro- posed petition are avalla- For Rent DANIA BEACH - 2/1 tiled Cd fir Wrerways Village-West Palm Beach Close 10 LI51,195 SMAil Pet MMINA ble for viewing In the De- 8 ok S745 0 9549.62-5299 Mm in SwJ& Windward at the Villages-West Palm Beach partment of Community Service For Rent Development, 100 West 854-mini Lockers- DANIA - C.Ott3lle, 1/1, a/C. 1/1 Starting at 5 Yacht Club on the Intracoastal-Hypolullo fans frrd Mierl, no Pets 2.;2 Starting at Dania Beach Blvd. Dania Storage For Rent S5?695i-tS!i-9;'42 between 856-Wanted To Rent -9— �O—. Beach, Florida biilt a 11,1111,Pembiole Rd VIUAGE South Palm Bead County DANIA-Nice o'F� -Boynton Beach the hours of 8:00 a.m.and Stores,offices .,IIU(,3ke Pines FL 3302S Bean Lake 1�311 954 435 9997 Special Starts at$IU/Wk 4:00 p.m., Monday - Fri- Warehouses Yahr Realty Group,Inc 13orne Restrictions May Apply day. interested parties 858-Wanted To Rent Dens Restrictions Apply Oration Club-Delray death- 1/1 -IMO free S250 "'Fully furnished hotel rroom may appear at the public Commercial- DN H2O P.AC:ncl 9 54-441- PEM PINES-$SCO Moves you so weekly&daily rental, Cables Boynton Beach-Boynton Beach hearing and be heard with income Property 7400 ELL Rent Finders ri to LUX.1/1 Pool,9011 style (Nci Lease) villa,L&L RE.954-963-7878 41,Flee Cable TV&u0itles. Gabe,PA Flat Vista-Boca Raton respect to the proposed 890-SerVICO TO Renters DAVIE- I llc�iZ Garden V,I- Is PEM PINES - Laundry facilities, outdoor iarbo(Fown-Boca Raton petition. TU­1� Microwave I elngelratci, Apartments- hear 5' eff.All UUIS,ncl.W,D S650 In accordance with the Houses den 954-499-7669 pool, hopping nearby o weeill�noutekeeping svce Americans With DiSabili- Heron Pointe-Boynton Beach DAVIE - 2/1, ceramic tile, 75 State Rd 84 ties Act, persons needingU PEM PINES/PINE LAKE- 2i2 Ft Lauderdale.2 FL 33312 ale yarn, wci, S9,35�frio. cable Incl. efter,,mat Camino Real-Boca Raton Alftsistance to participate FAJR HOWINIG S850,'MO 561 305 6504 ciersol, co,01305-331 S571 (954I 5134 4001 any of these proceed- `;ne Apple Grove'vilhge-Delray Beach DAVIS Lg 2/2 Duplex W/ ice spacious Lli PEM PINES - TH 312, Lak.! FT.LAUD- N gs should contact Yard, Neat 9CC is Nova apt Fresh paint.NEW floor, Louise Stilson, City Clerk, NME '40 Pets,FIL/ 'yew "'Petj nice laundry pool Riverside PAIttions of Boca Del Mar-Boca Raton Southeastern, _e rile, S.3900/hroi 0;54-"84-5188 lentetlyrid, 1 95/mO.J&J Manor. 54 522-c.480 at 100 W. Dania Beach RE 954 471-2928 Ri�,.efve itA,,hley Lake-Boynton Beach Blvd, Dania Beach, FL All real instate advertised FT.LAUD-Nr Downtown,2/1 h:roln Is subject to the HALLANDALE-1/1 5 100 hl,0� PEM PINES- TH 4,'2 pet patio, renov. tile, idly, �,ili Mail,)a!Broken Scund-Boca Raton 33004, (954)924 3622, it Federal Fair Housing Act, R mad Raic Sect 8 ck Mar 75 0,age Pets,$,�5rr 0 954 609-9-;QS which makes It It I to NE S, 111,di IS !-Oc, lr,ets if lillelk��!Xrl least 48 hours prior to meeting. M�n,9,�4 advertise any Preference' MNO-2/141 SiElOSt$749, S1475 -464 ;8lo FT LAUD - RENT,'I3LJY1 Lalge. limitation or discrImirl ava';Iah I alles-Boynton Beach Any person Who de- tion based an race. color, 828 SW 5 Ct$799 NCIW 8PPIS /I S65CL So - J 111, ;550, 2 WESrON- 1-3kefInt IH 21212 cia I'love-I n.9�4 484 0534 tides to appeal any deci- tell ion.tax,handica I fa, rile ri,g ,-dry 954 922 829I De l ewe ✓.estun cables 1`,,6ji.,,way(!ub Boyrrnnb�or:h Sion made by the City Moto status, or natforusil San Michele,EAC Cord Avail FT LAUD/SAILBOAT BEND origin,at the intention to HNUL-I SiiaCiOUS Condo on 3 Commission with regard man*any such prisforia, islands Renttlil Alt arnenl- .111 S 0 954-�Go.7015 W.Las Cuss.tg 1/1 151"50c via Lgarol-Boynton,Beach to any matter considered as,limitation,or discri;#' ties,S1050 0 611 960-050t, SSIS iro yrly 954-749-3510 1,/ininqs at Delray- Beath -I I I l�Nice�ricl tIr FT LAUD-SE 1�tn,Nice I Of, at this meeting or hearing nation. EM ICW �lew, lew calpet All HNOL SC14 will need a record of the Furthermore, in* Bloward BaIC, Pool. Nr Ill at ToWn Place-:Ala Piaton union Rights Act StSiO NO PEX5 9,4 Y64 4r00 $975,4,'l�) 4/63 6493 Neeriord Village Delray Beach proceedings and for such c CENTRAL BROWARO �ppl, Go ­ver with no,) C I purpose may need to en- =11, discrimination Apts.,Condos,Multi oiled on'go,marital%let- HOLLYWOOD Slc�0 4 W2 Family For Rent FT LAUD - Wilton memot sure that a verbatim Us ..I f�,'C,,o yd, vv,d i,,!!s ok Central-South Broviraird County . so orientation or 9S,1-�69-2900 - 66 Ur I.m;)Pl record of the proceedings political affiliation. BROWARD, - 1;tit $5�' 41,21 Ok Fil_/S 9.14-943-5l.. 'edm Key�pan;nrrls-Davie is made,which record in- T�I $—7, Las,,Jiro �135 Olds!,ear dvint-1 eludes the testimony and The Sun Sentinel will not HOLLYWOOD S"et 001,FF-2 Low MI 954- LAUD LAKES-26R S815,18H knowingly 2325 Fillmoie�Q T-pical accept any ad- curacy Club Place-Pembroke Pines evidence upon which the viertial poi,:t! W,C.301­iS. Tg-.g 176-110 1.REN I F lNDEkS S69S,cent a/c, new cript, gated,bait 954-486-432A of the H_OLLyWOOD BROWARD - 1/1 S570 Villa (i,iDles'lan Michele-Weton vkh"n appeal Is to based. :aw.All persons ors,harsh OAKLAND PARK - 3 story $6.45 Lou Ann Cunningham y N�d, 9r,.:-�l 1 0600 kertF­e.O,Z "Dc'm wllott 1,g$1600 IT. �i i�,hclj�pa!'-ire I aie-Perlibroke il,nes formedthat Ithiviellings ;�d yo.119i"I"le Rr Planning Associate drrertisridl atiolalvallab eon No 7 Palm T,ee RE�)b,t-t67 27.0)$ S.0 C,iefluLse'N tile Gli,en-pl,irilation March 13,2005 an equal opportunity ba- HOLLYWOOD 2/1 11 0 r�dt- BROWARD- sis, :,Iga ,ent AC.t;ie, pi,,.t ok. TH 5 53GO ii5ort in )own- OAKLAND PARK-1�pactous a. THE HOME SPOT S4-989-29L)O­ntfree.but Also 21 Or so$1200 clean 2/1, 2/1'/�apts S770- iO d renKeylartrtants e Fines E­tside HE 0954-764-6061 1875(ileat loc close to shop 8,lIrl 0 154-565 W91 HOLLYWOOD 2r'!Si',O Tile, .1111C.A.0-717� r111 Ale. ii.!rbof %land(;U�-Sunrv;e EQUAL HOUSING THE NOW SPOT OPPORTUNITY La0d L.A01%.1/1;11 Dall.9 ISt OAKLAND PARK P.­C rPQ,&954.938-4563 0'4=441-7400 FL Rent F !!arbor Town Jacaranda-PLinia6cut If you're 100"to buy' it Kau believe in Ou HOLLYWOOD/EMEBAILD HILLS THE IN APTS -P saill,rent or Irr4wove a .e been disacr=rM RROWARD- 2,,2 S675 Water itilonRuct 111111an!dtican against In connection with —2�1.st ,br,porol,patio ham In L Fla.wo've pt the sale,rental or finarl WATERFORID LADS- 954-1 I-OZ6 R.htF­a.o,z at rawgfd$s-sunfrise can The of pertinent ***WARD-312 2 sty wt—iii, YOU 09 kliferson at Young Click-Hollywood a arprilis hr ym =11.41 a.EA1111MAX COMIPLEX, pool, on-ra in'pasc sl000 $9"Mom Dove)HoUsIn shiis urban POOL TIEII111110111� 4.73-s-naw Rantel"'bur FREN 0A do 9 a 1 0101111-11:0= a'..0 1 BIR WITH,n �f. mlifeirson'Plact-Fort Uuderd* DavaP -on Is" 561,35 43$X i elm a, I R ,au cuu c: 0urfl Hr LHStKJt I J2�UU P. 3 Law ®ffi'iees Of • 10 S E IYP`H IR". D A WTV S 0 N, P.A. 633 SCHMeaSir ivenin, same m Fort Lama, Fienda 301-3951 Telephone: 954-467-2160 : 954-467 February 16, 2005 Tom Ansboro, Esquire City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Permitted uses of property located at 4160 Ravenswood Road Property owner: Jeremiah J. Kelly and Dorothy Kelly Dear Mr. Ansboro: As you are aware, I represent the rights and interests of Jeremiah J. Kelly and Dorothy Kelly. This letter follows our telephone conversation of last week regarding the present need for the City of Dania Beach to acquiesce to my client's request that the intended use of that property located at 4160 Ravenswood Road for bus-related purposes be considered a lawful pre-existing use and my clients, or their successors should be granted an occupational license for such use of this parcel. The history of the uses of this property to store, sell, and repair buses dates back to 1989, and is as follows: 1. 1989-1997 This parcel was used for bus related purposes by JJ Kelly Charter Bus Company and JJ Kelly Used Bus & Equipment Company 2. 1997-1999 Travelways, a bus company leases property for use as a charter bus company and stores and repairs buses on the parcel 3. 1999-2000 JJ Kelly Used Bus & Equipment Company stores and repairs buses including a paint booth used for buses, trucks, and boats 4. February 2000 Contract for sale of the parcel entered into with Ken Anderson who requested an occupational license for bus-related uses and was denied; transaction was terminated • MRR .10 2005 2: 38PM HP LRSERJET 3200 p. 4 Tom Ansboro, Esquire February 16, 2005 Page 2 5. May, 2000 A portion of the parcel was leased to World Aviation; A Kelly Used Bus & Equipment Company continues to store and repair buses including a paint booth used for buses, trucks, and boats 6. January 2002 Subleases with Atlantic Bus Charter and Diplomat Bus Company for the purpose of storing buses on the parcel 7. November `02 Sublease with Greyhound Bus Company to store and repair buses 8. November`03 Contract for sale and tenancy by Americas Bus Superstore, LLC, and uses the parcel for sales, service and parking of buses 9. January`05 JJ Kelly Used Bus&Equipment Company continues to store and • repair buses and a contract for sale is entered into with Saad Mahmoud with the intended purpose of using the parcel to store, repair and otherwise use the facility as a bus complex It is clear that the use of the parcel for bus-related purposes has been continuous since well before the zoning change from M3 to ROM, and in no way have bus- related uses been abandoned. As such, my client, or his successors in interest, are entitled to an occupational license pursuant to section 27.80 of Ordinance No.2000- 028.. The fact that an occupation license was not issued for this use at the time of the zoning change should not deleteriously affect the issuance of an occupational license at this time since any of the entities listed above was entitled to one, but that the City had wrongfully refused to issue licenses in the past when application for one was made. The wrongful denials in the past inhibited my client and his tenants from participating in the application process fearing rejection by the City. Accordingly, I had been retained to review the legalities related to this zoning change and its application to the uses of my client and their tenants. My reading of the ordinance, including Section 27.80, leads me to conclude that my clients, or their successor in interest, would be entitled to an occupational license for bus-related purposes as a prior lawful use. • 1 would reiterate my request that the City either grant an occupational license to my LAW OFFICES OF JOSEPH R. DAWSON, P.A. The Trial Lawyers Building - Suite 301 633 Southeast Third Avenue Fort Lauderdale, Florida 33301 (954) 467-2100 Fax (954) 467-0058 February 28, 2005 Tom Ansboro, Esquire City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Permitted uses of property located 4160 Ravenswood Road Property owner: Jeremiah J. Kelly and Dorothy Kelly Dear Mr. Ansboro: This letter follows my letters to you of February 16 and 17, 2005, and that letter to Larry Leeds, of January 19, 2005, relative to our formal request that an occupation license be issued to the above-referenced parcel for bus-related uses a prior lawful use pursuant to Section 27.80 of Ordinance No. 2000-028. In using the term "bus- related uses,"please understand that this term is broadly defined as uses including, but not limited to, repair, maintenance, painting, and storing. Accordingly, please find enclosed the following: 1 . Copies of repair, maintenance and storage records for busses which were repaired, maintained and stored on the property during the time period commencing in February of 1999 to the present; 2. Copies of leases and contracts for the parcel by entities using portions of the parcel for bus-related purposes; 3. Copies of Affidavits from Mohamed Durrani, Yasser Elfourani, and Mohamed Elfourani, each of whom spent significant amounts of time at the convenience store located directly across the street from the parcel, which provided them with excellent opportunity to observe the parcel during the time period in question. Please review these enclosures and advise whether these are satisfactory Tom Ansboro, Esquire City of Dania Beach February 28, 2005 Page 2 regarding my client's request and that we may avoid appearing before the City Commission on March 8, 2005. 1 shall look forward to hearing back from you in this regard. ery tr ly yo s, Josep R. Dawson, Esquire JRD/mc cc: Jeremiah J. Kelly o: -r irn nr LnSthCJt l uduu P. l AFFIDAVIT STATE OF FLORIDA ) • COUNTY OF BROWARD ) SS BEFORE ME, the undersigned authority, personally appeared MOHAMED DURRANI, who, being first duly sworn by me, deposes and says: 1. The statements contained herein are made of my own personal knowledge. 2. I was a co-owner of a business located at 4191 Ravenswood Road, Fort Lauderdale, Florida, which was called Super Stop Food, Inc. 3. 1 owned this business at this location from 1991 until I sold my interest to Mohamed Elfourani in February of 2001. 4. During the time I owned this business, I had the opportunity to view the property owned by JJ Kelly located at 4160 Ravenswoo Road on a daily basis when I travel to and from my store, Super Stop Food, Inc., as it is directly across the street from my property. 5. 1 have seen that the property located at 4160 Ravenswood Road has continually and consistently had busses parked on the property, and that it appeared that these busses were being parked, stored, services, washed and/or repaired at this facility. FURTHER AFFIANT SAYETH NOT. MOHAMED DURRANI BEFORE ME appeared MOHAMED DURRANI, to me well known, or who identified his or herself by shcwinaiidentification in the form of a Florida Drivers' License was otherwise sworn and who subscribed before me this ' ay of February, 2005, NOTARY-PUBLIC State of Florida at Large My Commssior. Expires: Ruben MUCOOZ ° Dion DD335" ^, Expires August 18,2008 AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF BROWARD ) BEFORE ME,the undersigned authority, personally appeared YASSER ELFOURANI, who, being first duly sworn by me, deposes and says: 1 . The statements contained herein are made of my own persona! knowledge. 2. 1 am an employee at a business located at4191 Ravenswood Road, Fort Lauderdale, Florida, which is called M & E Super Stop, Inc. 3. I have been employed at this business since February of 2001, and as such come upon this property on a daily basis. 4. 1 have had the opportunity to view the property owned by JJ Kelly located at 4160 Ravenswood Road on a daily basis when i travel to and from my store, M & E Super Shop, inc., as it is directly ac,oss the street from my property. 5. 1 have seen that the property located at 4160 Ravenswood Road has continually and consistently had busses parked on .he property, and that it appeared that these busses were being parked, stored,washed and/or repaired at this facility. FURTHER AFFIANT SAYETH NOT. AA - -A -- YASS R ELFOURANI BEFORE ME appeared YASSER ELFOURANI, to me well known, or who identified his or herself by showing identification in the form of a Florida Drivers' License #=- �;'/ and who was otherwise sworn and who subscribed before me this � of February, 2005, NOTARY PUBLIC State of Florida at Large My Commission Expires: W Cv r,+,s.+ n1DD anus AFFIDAVIT STATE OF FLORIDA ) COUNTY OF BROWARD ) SS BEFORE ME, the undersigned authority, personally appeared MOHAMED ELFOURANI, who, being first duly sworn by me, deposes and says: 1. The statements contained herein are made of my own personal knowledge. 2. 1 am the owner of a business located at 4191 Ravenswood Road, Fort Lauderdale, Florida, which is called M & E Super Stop, Inc. 3. 1 have owned this business at this location since February of 2001, and as such come upon this property on a daily basis. 4. 1 have had the opportunity to view the property owned by JJ Kelly located at 4160 Ravenswood Road on a daily basis when I travel to and from my store, M & E Super Shop, Inc., as it is directly across the street from my property. • 5. 1 have seen that the property located at 4160 Ravenswood Road has continually and consistently had busses parked on the property,and that it appeared that these busses were being parked, stored, washed and/or repaired at this facility. FURTHER AFFIANT SAYETH NOT. -EL-F0URA#I__ BEFORE ME appeared MOHAMED ELFOURANI, to me well known, or who identified his or herself by showing identification in the form of a Florida Drivers' License # C //,sr�s/-��� , and who was otherwise sworn and who subscribed before me this 9 It day of February, 2005. NO,ARY PUBLIC State of Florida at Large My Commissioc Exai�ss: Ra,bon M,noz W corrran sim DD3 4Epm Aigtw,s.2M 010 X!x 3 A/0 �lv o2 ('0103 ��uz�� l ✓a�.oe-0 9�0 k - iao3 69 r Imations United Transportation Services Eugene D. Krom 954.565-7717 3299 N. Dixie Highway Toll Free 1-877-446-9499 Oakland Park, FL 33334 Fax 954-565-866 1 0— C1 ri C 0 C) 0 0 ll C/ 5-00 (10 C 5��) 00 ( -500oo 9 7 7 ;z `�� 5D0. 0� v►1e� sob, o0 -7. C7 YCC),C) C, Co. Ole) Cc 5cr- ct -500 cc ot CW 0 A0 c �"V 1+6 v f OPa 1 �J E 16 L/ & 5T I�)6 Al 44 l AM Fc 3.3160 goo s0 � i�l C e�C9S.�)3.8j G 6 Y C . /C0 i_. 3.0/qq /0 qq gas -7 �sQ.dv 03/oa � ld r 1 aye 3 3/ - � � 3R l 3 ff /�/ ,•-r�•:`i,yam,� A cz�a4� �.- � �---3-asp--------.� � �------= �S3s=. SD Cn 05 00 -��� •-- ���.�_q �So.0 c ot OLD ---------------- j Jis Tp DAVIS ` K Charter Motor Coaches and Cruises JIM DAVIS President P. O. Box 16147 Tel: 954-472-2858 Ft. Lauderdale, FL 33318 Fax: 954-472-9538 /a'�� ,�r it �: '�g'�n �� k^�►�� r � S1/1111111u1b halt 1111 '/`j��i I�1 tx`�3 ,��s lay , 1 il, ► 1 ,� � lul Jir 1� � ,. ,,, ,�,� i, t tl atUul�u"t►.�►'��•►�i 1 z \Lrnu lr�'Iluiul.l*S,UY S° ' -{'R�°" • � # ems= I,ir-,t �-�'�'�.. • +ram. D ;-, r�d•: Ir ■ 1 ,. ro'. W';"' 561111.1111U1111U�llilu�,al� i► y-� 1 � N-• � \Ul.ullr lll►rlll./ i►11►'.i�„ Nlll �W(ir/Hli� W, c- �. 'w 0 -� /�v _. �lvy - sJ .-- j �., ---- ----------- - ---11 -6 r r�s� ps-1 oa 03 law ��fSS 14 1'7 s1716 Lto,;�3 3�� , ,/��._` O y �U� PSI�C�-t� ��.S • J�( 1 ? 7 F klo �� 330ai-- - oc CA 3 Lro�A _ ��5�•00 on _ oi�3i/�_ � Jo 3 - 7 ,�1 o a - /�OC��57.1( 0'� �Zll Jo3 l FC9 )C)-3 • /o/a� /o3 ��,Sbo-b 11 /2112-1 /�I _ _ -- D�b IZ� 3 / `° as 0� JaH ,a�, zovJ— c 9�� _ a � � � CFI �- 37 i,o(D fey 07DL 71, oi i C—Icvz�� TO-L). c� J 1 G 111o3 4- 1o53 i x Neat W. Derr Cround Fleet Manager 647 East Dania Beach Boulevard ,3 M � 7 s, o(O . f Dania Beach, Florida 33004 Tel:954.929.3880 Ext. 453 Fax: 954.922.5647 Cell: 727.423.6083 www.SunCruzCasino.com "{d el' 3 S ?c N� — mao,,D .- c, - 3 �' s -- 44 7Tad br. l�— arch l 03 � t ���SO J� oI 4s levz�' 06 �t 1 j ct/S0 6,F 37i, b;�?5 .3( So Crec(,+ -}-ham '{�� �I1�5,%7 lice Iv3 �f77, � GQ' 03 371 o ao �3 37l0-3 ��171D 112s � . y(rvulruvJ Namo: DesnnASIM 4k Tltla: AgalWtnt Wnfctor, Rcel&state ® Phone: 214- 0-41 X Irm. Fax: Z1 MW Date: November 21, 2002 No. Of Pages: 6 To: James Confalone Fax number: 305- 42.7371 SublOct: Commercial Sublease, Florida Air Shuttle b Greyhound Llne= Commenta: I have underlined the changes we made to the sublease. 2 �-' -" 6 96 1 sum currently In a rnseting but if you will call my secretary (Pat 0214-849-8199) she will get Me Out Of the maebrig to discuss any questions you may have. Thank you. Deanna THE INFORMATION IN THIS 7P," MITTAL IS CONFIDENTIAL AND VENDED ONLY FOR KE RISCIPIENT NAMW ABOVE. N yay OM n%40W Vie tntan&d n3aWW1/W s parson rVS00AfW#*ovl"tft MIS bona y to ft I►1ttMOod rm 4wwr, Y" ww hwoy noa+Ary " any 00"U k mow, (1tw u iar or cvy#V of ras ftgaanr l ar Vw lnlba"06en cantakwd vwom is Oictry prv&wled 7 you raovhw Due unn►ed&WY ft Wy w end return the Mtinaffa"to us�Dy. 7henh you. to +n q1 o "An Equal Opportunity 1=mployer" ' I COXNMCIAL SUDLEASE I This subleese Is made ber.reen Florida Air Shuttle, inc., hereinafter called Sublessor, an Greyhound LJAV, Inc.,hereinafter called Sublessee. Sublessor subloases unto Sublessee the promises at 416U Ravenswood Road,Dania, Florida. The subleased area consists of the back SAO outside lot east of Second fence and not the S®rvice Area Buildings,Paint Booth or Office Building. (See attaehOd legal drtc Ytion as Exhibit"B"and survey showing parking ar--A(the 'Tr4MIM"). Aooess to building or to the front tefaant's parking lot shall not be blocked. 1. Term. The term of this sublease shalt be for it period of one(1)year and shall commence on Novcmbor 15,2002 and shall terminate on a month to month tauancy. Either parry may terminate with 30 days notice. 2. BU*heat Base Rant for the sublease'torm will be paid as follows: p,M, per month for thi buses(max,)together with sales tax and all other applicable trues and fees. In addition to Base Rent.tho 3ublossoc will pay its QsrVon$1 arbpgt'fY taxes, 3. DoposiL Sublessee will patty a first month's rent of HM.00 plus sales tax and it security deposit of HQN.QQ. The security deposit will act as a security for the parforrnanee of •Sublesseo's obligations under this sublease,including without limitation the surrender of possession of the premises to Sublessor as herein provided, If Sublessor applies any part of the deposit to cure tray default of Sublessor, Sublessoo shall on demand, deposit with Sublessor the amount so applied to that Sublessor shal I have the full deposit on hand at all times during the term of this sublease. The parties agree Sublessor will not be obligated to pay interest on the sceurlty deposit. At the time of execution of • the sublease,the Sublessee will pay to the Sublessor the sum of$9,000,00 which wil I be first credited towards the first month's rent of S4 00, plus sates tax with the balance as thv security deposit, 4. Dee Datr- Monthly rent will be due on the first of each month. In the event Cie rant is five(5)days past due,a late fee equivalent to five percent(5%)of the monthly rent will be due ajsd will be added to the rent duo for that month. 5. Real &ad Personal Property Taxcs. Real Eroperty IME sbatll be paid by$,Abieasor Sublessee will be responsible for the payment of the intangible and commercial rni-sonal property tax assessed on the proporty associated with the operation of the Sublessee's busincsa on the property. Sublessee will be responsible for the disposal of his own garbage and waste. b. Insarance. The Sublessee will be requirod to maintain the following insurance during the term of the sublease and to name the Sublessor as an additional insured(or;osc payee)as the case may be. A. Public liability arid property damage irisuwce applicable to the Premises-in amount&and coverage not less than S1,000,000,00 per accident and $1,000,000.00 per person for peTsanal injury and $1,000,000.00 for property damage will. excess bodily irk ur> and property damage coverage of S 1,000,000.00. Sublfl;lw will obtain and maintai,i all otbdt insurance required by law. All insurance will be through companies approved by the Sublessor. Sublessee Shall provide - 1 - / *J VUJ UVO I Sublessor with a Certificate of Insuranoc Showi»g Sublessor and Lossor as additional insureds. T?tr cettificau sltall provide for x wn-day wri1en notice to SubleOor in the event of cancellation or material change of coverage. To the maximum extant pertnitted by insuranoo pplieie9 which may be owned by Subleases or Sublessee, for the benefit of each other waive any and all rigbts of subrogatlost which might otherwise oxist. B. IRWMW self-twurea in the aortal courttm of Ats����p Aa -. +_ ,g it jt not in dtfe g nnd *this anblease_env meintafa A e�tf-itxtwracust ryt@ tioa llor Its Insungcy otwsatloarr lsert►utscler 7. Care and Maintenance of Promises. Sublessee acknowlpdgea that the promises arc in good order and repair,unless otherwise indicated herein, Sublessee shall,at his own expense and at all times,MaintteiJI the premises in a good and safe condition,and any other equipment upon the Prvtnises and shall surrender the 014111K,at termination hereof,in as good condition as received,normal wear and tear oxceptod. Sublesde shall also maintain in good oondition the kn9pim parking areas and asphalt pavement. A. In the event there Is any reason to contact an attrnney for it hag=dispute,the prevailing party shall be entitled to reasonable attorney fees and costs. a. Altcmd oas. Sublessee shall not, without first obtaining the written consent of the Sublessor,make any alterations itt,to or about the Prem ices. 9. Utlllttim All applications and connections for nccessary utility service on the demised Premises shall be m®do in the name of the Sub)esgeo only,and Sublessor shall be solely liable for all utility charges as they became due,including chose for sewer,gas, water,aloetricily,and tolagone services,and garbage and trash collection. The utilities shall be prorated until a r:vparate electric meter is installed and the ratio will be 75%to Custom Air Transport and 25%to Greyhound Lines Inc. until such time as a separate meter is installed and in this event he fill:cost shall be borne by the Sublessee. 10. Entry and Inspection. Subleases.shall permir Sublessor or Sublessors agent to enter upon the Prernism at reasonable times and upon r,as.mablc no►icc,for the purposr of inspecting the saute, and will permit Sublessor at any time to place upon Prernisw any usual"To Let"or"For Lease"signs, and permit persons desiring to sublease the same to mSpcci L-,; Premises thereafter. 11. Intlemnitication of Sublessor. Sublessor or Lessor shall not be liable for any,damage or injury to Sublessee,or any other porson,or to any property, u"urring on the Premises or any part thereof, and Sublossae agrees to hold Sublessor harmless fm,n any�c4ims for damages,no matter how Caused. 12. Defult by Sublessee. Any one,,,r more of the .>llowing events shall be deemed to ba a default by Sublessee: 12.1 Fi6luwe to pay any instei Irrient of rent or pay any other charge under this subleaso within five(5)days of the due date; 12.2 Pailufe to comply with any torn, provision,or covenant of t1lis sublease other than the covenants to pay rent; - 2 - 12.3 If Sublessee or Surety becomes insolvent,makes a transfer in fraud of creditors. makes an assigntnent for the benefit of creditors. or a receiver is Appointed to take posw3sion of the dernised Premises,the assets of the Sublessee or Surety; 12.4 If 5ublesree deserts or vacates,he demised Premises or removes or attempts to remove all or substantially all of Subleases personal property; 12.5 If Sublessee does any act which croates a lien on the demised Premises of the lard on which the demised premises ars locatdd which is not bonded w vtsmed after ten(l o) days written notice. 12.6 In addition to any other remedies provided by law,the foilowing remedies afro available to Sublessor at his option and may be applied Cumulatively or individually in the event Sublessee abandons and/or vacates the Prsm4vs, (a) Terminate this Sublease, in which event Sublessee shall immediately surrender the demised Premises,pursuant to Florida Statutes. In this case, Sublessee shall pay to Sublessor all sums due as of t)ie date of termination. Sublessee hereby waives any righu or redemption Subleases may have in the dernised Premises; (b) Rc-triter and take possession of the demised Promises hoiding the same for the account of Sublessee,in which case, the entire amount of Bttse Rent for the renaming term of this sublease,plus othet charsec enumerated in this sublease for the reniaindw of the terra,any costs of reletting of the Promises. Aoceptanee of surrender shall be by written notice anty and the acceptance of keys or changing of the locks shall not be deemed ttn acceptance of surrcridor cf the Premises; (c)..Without prejudice to any person or fu ure right of possession,bring any action in law or in equity to collect rent and other charges due, for general or special damages,to restrain any violation of any term,provision or covenant of this sublease and/or to foreclose or protect any security interest or lien arising out of this sublease, a separate agreement between the parties covering the property within the demised Pr=Ws,operation of law,or by sutute. (d) Delinquent rent shall bear intcrrst at the highest ratio pcnnitted by the usury laws of the Stets of Florida. 13. Abandonment. if Sublessee shall abandon or vacate said Premises before the end of the term of this sublease,or"I suffer the rent to be in arrram, Sublessor may,at his option,cancel this sublease,hereof,or Sublessor may enter said Promises as the agr.nt of Sublessee, by force or otherwise, without being liable in any way therefore,and relet the Prcmijcs with or without any furniture or equipment that may be therein,as the Agent of Subiessee,at such pncw upon such terms and for such duration of time as Sublessor may cieuttrmine,and receive the re•,t therefor,applying the same to the payment of the rent due by these presents,and if the full rental herein provided shall not be realized by Sublcssor over and above the expenses of Sublessor in au::h reic ting, Sublessee shall pay any deficiency. 14. Porsonal Property, All personal properv, placod L, or rernovcd tom the Premises above dwribed Shall be at the risk of Sublessee or the owner themcf,an:'_ Sublessor not be liable to Sublessee for any damages to said personal property, - 3 - rA!� 06 1 S. Time, It is understood xnd agreed bttwccn the parties hereto that time is the essence cf all terms and provisions of this sublease. 16. SurranderPresubcs. Sublessee agrees to autrettdarto 5uble ap this lease and upon any cancellation orthis 9ubleasc, said subleased Premises In as gooaond tionmd apPOfearr►ce ae said Premises were at the beginning of the term of this sublease,ordinary weer and tear, damage by firm slid windstorm or of W acts of God, excepted. Sublessee ogress that, if Sublessee dogs not surrender to Sables®or, at the end of the term of this sublease, of u n an term of this sublease, Said subleased Premises,than Sublessee wiU pay to Sb any cA'rcr+llatlon ofthe damages that sublessor may suffer on account of Sublessec's failure to so surrender to Sublessor poseossion of said subleased Premises against Sublo,vvr on account,of delay of Sublessor in delivering possessioa of said Pfemim to said 3=c*sding tenant so far as such delay is occasioned by failure of Sublessee to surrender said Pm iaos- 17. Heirs,Assigns.Successors. This sublease is binding upon and inures to the benefit of the heirs,assipj and successors in interest to the partial. 18. Subordination. This sublease is and shall be subordinate to all existing and future liens and encumbrances against the property. Dog Rarkiam 19. Uses of Premises. Sublessee expects to oonduct the following business on the property; 20, 'Power. The tower on the property is not pen of this sublease. The Sublessor will be entitled to the rents and profits from the use of the tower. 21. Entire Agr menL The foregoing constirutrs the entire agreement between the parties an may be raodINA only by a writing signed by both parties. Tile`olluwing Exhibits,if any,have beer. • made a pare of this sublease before the parties,exocuti m herra:', Signed this day of SUBL S1✓ OR: Florida Air Shuttle, inc. D3 ; James Confslone,President SUBLESSEE; Ciroyhound Lines Inc. By: -4 - • . rnn i�u. Pic le, lb 177 CJ E;J„+I14t�.19 rJ 21 3 hwObf OVN ft War*W rd mid&,-w sham t-W ra oftAft daor2Cd ROW Praperty aw Rer Y(oo+ac'�+ery'R'b%� 4 WUWX 90 rM tMta aV cor12.iona d ft OontrW to Sale W4 Fxc've mid arty r4rrs and W lenda('Cordmic I: 5 L DEOCTOPTMft r fi&Al lPv cc 7' c ' ` .v d ac�rsy. �L ir �» f.:,*f"fir '15 n M Pemm ftwfy e+dteclw Lange, r bay.6 lea,atd,eA�nr UfTt3Eg ' c Wow, 2' Ct*r Wft inckpoad mm: d' 7s at POrW*uS Rq*q(snd leased sarr43 I Any)041ded era tP It. PURGHAW P'v0! ¢18 orr .r notcy� ...,. ,...I ....... ... ...., . i t W D ltdd im®r mm b r crow h ftn of . . s s� N �w rt+ e m b# adv to QMW AgUrt W&-—�MW Oda w � fmOFw WrOU M at . . ................. .. . , .. ... , ,.. .. .. .... (��� ' +n!�stanekhg Gsea fsrra�ph Nla1l t�vtr>g�s�anate 2r wwmt p hftft 1 ktdmw d. ..... v g 4►may 0 wttn a wider t Zi° n N9aB r►the e-wunt of. ... ., ,....... ... Q i ria end now to-aw CSee P—gvO M*h ft tt►41t�n ct ........... .. s NP M D� . . 0 ON BWOM to t7 W by mh or LOON LY MV Al cam i r ot7' N bar>`t tom,saJq= AOM et, AM CCUNr9VMM WrOMWE DAM " mom=�a s m 8t PWW CR RCt OP ao. s;� � c _ t»c ,tre�(ina ft dpoartW wA at awl apriom,be mu-wd and this offer mJnrtrv.4r.LII.m orm- j 1 T)O TYMN RM CW-ANY COLMIMOPPOIS OjALL BE 2 DAYS FWM YWR DATO TH E COUN• O Fg DeLrvmm (t�IN dam,d Car"=C D"J wm be the date,M on t v laot or*of itre� Mw 6r1C Seller t1m s'gm or r=Btl 1Ns 04W or`"iV 'mod=XtEmft K mlah data W not 0t wwiw 9vt k+in this Carty, lhw,th0' vg DW dell be the date O tW*I&d aX%d for ►� amcptVveof we's of'sr or,K wicaft a*fulfil rr, Cl 0V This b a®sn na wtft mm ne OWWVW%ft tar t a' 0(W T►M Cbn"M la OWOVW an SUM oDfa'+u,g WPVM of o bon(tiW ApprO7 VATM M"wtv E+ica)..a Data for I.-JEC 9' Ot y CNEj:0 A 6090 0 sm er Cl a f led of A4 retie 4n;m"DalrMod am"of at an tr,Rtai i,,N- 0' tptte Mt 09 sd S6.d V*d orfQlmgah has not to %of®rfAcg&T o^snd for a tom of t' Y &,tyer v,C Muft Wg=lm wM*,—OvA Or bW*,ftn d d94 elber MaGbe Date and usa mma*tm dlo*re b obuin Lea, APA! 8rtd, 4 t0 sei9fy llvrr a end candttfons of the Lnmr Appn�rai 8nd dce6 tff!t0�1.B�Ya shed psy aN Ian arna�t!Bt yer 3 IdO to otrtaY a Loan ApPry rd X=oo VU ur+do tree ,aatf,e,tt>B orne far trap AMWU O, MtW d i tt s t t�m rt,00t flue senr+s and ornate m,apt thv Lawn aC +a'et'Otomblg a,«,atrmr part'ttWrva tar,=ti..tt:r,ne e 5 to tv Clitt MO CciFdt Carrtrssk a'7d Slyer 00 ba pssRYUW Vip dapoe3�3); fl' UP;AULOOM co v mwtm Ow tttw for'ss -r*or T 111-0 UIV&*m w tie atesnc ad B end d*r&:aider>t"rwere ot>Ducoe for tar"I sc mi.F At tu=AL dgY5 o bberllc the,s dv4 b*m cj v: 7' 0(a)rMv me Mr><11f -Mlt"It Mgt"OCK.00 ar><,eat¢rtat+m mudra e+ =5"leld ed rMA,rl Corrtrttrrg^tr"R1Q, a+tgr r Cep,an oat 'e poloy of tF1k rcR ftwidw rscrahoesaw at d A today :or 0 pl Absrraa ofti%or ot,'ier avhdgr m of tttlo(epee�for ttrrns� ob a�ied bl'(ChIECK ONLY C+e�: ell O)sa 9eosre e+OWVC rrd doR mrw to dryer 0r Buyer,$aUorrw,0r OW b$„ Q(2)N4V d Bil*%swarms, r r A CLOSM OArm Trio tvr=&,el be dosed me the dowV doornecka adh'ece+d on '061loo byOttxprpA=�$or Vtft[bntract.N 8+hw is wabl a to ub( n Ftez m Wind.Roca ar kdornsawr -r�mr lencv oG a r889KX elt5{e r CLA to A "ru wriot W oorCW*V,SLW may deW Ci)s*y far up to 5 aa,M attar much cmvVe 58tb'nav"fable. ' A 1aMS; Fes; W W/CT1O,ttst Sassy siW CorwV w cmab tftb u btL- carrpnanef»o Wand iam plwr �xhlnp,ast�,oyorso.prCRttbttypry and Other n3�A m ,%hVcsed t y g4rgfrYflldrrto"r.Oe . OM WV rnmt�ert VPWMnC on t..plat orcw+an++sg �O�1RtOh'to trim a lWedar;*Amzroevrx tw er*mWwlw tfft of M=rd W')t O"..rvd d entry,urkowrlad Pw=UVXY gas mwr m of 19=0 a>�aC 'JCua tc +aa►prt�'erY pnoa End not more Tm tp'W to wc'ri as to ttts Mw cr amyl trrw end 7 1,,12 feat in w4th am to Q es l ao, P,ne 1 of 4 la— aaaan�un); orrndo0, ;tit !Here ex►sta at Crain? no viow.w,) cf"trig trrego:m afna na,gnn �Da , t,sa at ?any for pear, d3 Vlll. DOCIJPA)JGY,Sete:a reif defver owJtua d tY m Buyer ai Urr•e of CZas g x.1m a .- s tlQrein. :`Pr��r; h!�pr.3g0 64 to ba rw M or OOaL OW bayOM CtD".t"ro'act and rwrllt MFW and IV tonAR04 or Of up Ma b®6�'JCfow pvjua't t F. 66 a ox*wcf is to ba bags C4ArW,&.bv ws.T1e4*I mWm of Ices to Avpwiy bum otftff of oaxpom cv d'�tl f,o rva�onee+o mid:strz 98 fb•mdr co f m trot 9mo.Eric ahat to doomed a NM Woop%a PVPQPV In 10 ardaft oonodor,"ct 9-4 a*Wq Q=4 r*Cc. 97 OL TY9MNft7TV4 OR H.MCVJRn-rSN Pr4vra pwgt yvc'tiwltt+en a hwr,-Ar�prprl6j{or o,rlder4 and sddena,dma cxrrb�alrjared ya 38 visbrw at"oem r In of V ft ftm eQ" X AS€3;IQ�1lLQll�'TY!4CFiB:tC�l.Y OtVq:Bv�er a m�eaa�n erd tfxir�y be feea6eC sr�t tlt'y tuner�Atty unc'or tt,ic CQnrax, %a a lliT W rd b9 rg&WW t►=r* �tl ay ttrc:.vvwt,,or D rW not sadr tttk 00*wt. 71 )0. "T bD) Q CHECK WiAE U ttq PtqXAY Is 04poll to a epn* 39MWwn Aen I^epoaed by a OtbIC body pa>Yabk in instal�ttr vrhEr` '3' aor fi La ClosiV�.�:� Ty who shall vac' dLa&r Ctrsk o 0 a�n ott)w ha+S,swam). ?4 (b)Ran*a nshtMay OCUrrtV re po iPW mar MW arpx*aratso in a in s A%dS et q m8f prf wm rx�tr.sus+-.,vm- 'S aorta WOO MIT G;Vcsed bo It Mw Erin. Le+alc or macr^, mm vowa RKWOf m"rd Cizto godotkma ham L11w fxnd in a*dt%s r-.Amm 7 AAddit-ld Ir#n+rrftm sodon or rill taW.V M*boOoMi-Dd from ya.r 00urdy pj.go Fjm&ay. {*N the rwi of ft Rortaa tt1Ct��$P't M mOdw tpl h0u6 t119y pryn!4Y b mwdm,*X (�)tr 8afly's a'tone*por®Ott"�ddmad by fAA P&OJOn hVBWrWN*in Reed NoPerty Tax Af,thg pwthm&,aA rnmpy we,that Ok 10 H BWcr w41 ba to be is n„wtw x a nattsov.r>gre'marl,BUYWq UL.D NOT EXM:i.ft'ie'FitB CO?iTFiACT tSNY1L tt BVYEA R4 FMOOVFD AN@ RM TM HOMEOVMBa'ASSOCA710N DcsQXMAE. Q )M AAAX1& W l edM!Sgftr V�gj=be rol for pagertsrwo in a of bfsw"W,,and raW under Studds D(f tumk,:hen 2%of the PI PI 6 nl am �mdw N gat O -Ow by V�oop D,=myi v Or > Gf Na-;ter��Y e M. MM ADOMOA-WMIAL CLAUSM Coax mere which am Aq4cl AdC we atled.'ad fo to k Guam**: 0 WAFHA O FCLVrAI 4S. o LEAf}HhSED PA24T 00)MTRIMrCN OWROL Um 0 M A.ANO, Q Sas t5' 0 der C.rrfpr�hr ®fcrm • (81: �� %d ,�.n/i f�treiY �,� ;�' - f' Tom/ / i LG Q• � A'P a• _ T A i1V17 lowT %4f/s�1r � � MA TRAf3SACTiC)NS�r I-gWW7Y �r W t�MOW Wo a shwhem e%1oh no 5 of M�C X= ��C73 raCO'�t eta x�y al St!ci9rog A TIM IS 8dT'W=TO BE A LkGA4Y MDINC CONT7VCL 1p NOT pjL1.Y UMDO;STOCD�WWTW ADVr OF AN Art Y pWR To SQQ�tt_ p TNiS PCIRM HAS BEEN APPRO%4 D BY THE A&SCC7Al OF taF.^LTOf�B®AND Tt ft:PLQ►t1D.>,W. '2 AGPraml does roi ca,f:Be te®U1 oOOM#sat arty of the*M ord r mmatforts In true Corgravt be a eptaC by tt*t ,n a � aertiv.�tr vl>Wrmctian.7ta�tne st+d ootdtiorx sdra�k!1»"mod bred upon the r�pctire kttereara,oC�.�s anA nar�}mrmg FOLLC7NNp A:JNE Nt1MMM IN TWE 7isE MAFic;W NDCA';ES }{iINF OOM AC A MANK 7D Be CCAtPt. m. CATP Of 1 i ("WE 9ELLeYZ) /' MArR aWram tar a nolm p J ors fo'PUTPOW a ryw5no pnona f W4*C&The=n@n beto'�M�1n 0y`a`"deer°"°e')' 6a�raw�57errt 1 �' rna Con:racr h9 ifl and covaer�t�p t�fDkE�g we tfq MY tlPOOn errtAy9d to c mwmalco n c:anrtac1L�n ' � s t3rv+ocrs, K any �;Nv D6 D$TiVfvEL7 FFYJM'M@ Fi�ID1�.�T}IE F�L'ii#pa aq-t.?N�RS.�^nag• r`, /nr�J Ado +of.P-� WC Trw%rOA am�AJ Rg-m P"W.,w 1/"�i'rf"'" "�y� ��.Q.tt! — �Y Q.[.u.c1-surd •..'�j,,,c,J .�...�C; ,�^C.�= �Cl.�t7��.:�� �',i-��'s! STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) ;ate. any rsnang lion ar sr be oona,aaad cixt`lod,cor;fired or r3!lied end Seller ehall,at Crs,ng,be cr,argec a-,a.^ncLr; t-4-j t_ -e _ or esa&ss pert for t`1e rnpro,'sr>anf by ilia pubic body. N.INSPECTION, REPAIR AND MAINTENANCE See warrants tt,at u'*cw+u-?g,roe!(inaudmg the to a and scff s:'arc a:cero arz 6 j� 2 *;Or &eawEZ for equiyaent' and oocwaL)v of the Prcperty oo not hevaany%nsbe e0aenoe of leaks, water camaoe or stn,ch.73 ray-;z:dG z;: : 33 lark, p004, all apeienoec, meOh&gK_a tarns, ne9tJrlg, Coo!N, e#3CRCal, pturr?bi% systurns 9ne machinery are n working C-o-ot.rf' 7-;1 ?< Sr)at D3�nnrt'YJ Tc"ne Items soacr`ted unless atherwize xcmiac jr.an addenciu'n.B..tya'WY kls'PBCf,Or,at Buyer'S 3x'J9r&C-, 7,'Ve I 'rM-_+ '0 9` ring r^70171e rnSpOt'tion3 and noting an OOCupation9l ircw*0 for%4h puracee(h reQutred)Or do n D,=na'9ty'ICBrweC -force:c dci:r r�ti '92 of,mom hero wrnr 20 days after the Eftecirm Date. Buyer wna{,pry to Buyer's occupancy an not rrora u,ar.Z.',osys after Elac'ss Liate rgccr- 97 to Seder sin er'Z 71a?d an CIO not moo the above stoarda as to cwfvcs. Unwss LiLW bme6, repots ouon Defects, 3.yer craw�e 0 -10 = s. BL Se+'ers hararr,es as to oelacts rv. 1`90011ed. if rapalrs or repiacemants am mcuireC to Comply with nZ a490aarC. S64tif Stc i� strap pay up!o the wrount pr0000C in Pa"agi=h XII 1,b). Seller Ls not recuir>d to maze reGalrs or raaacemeras ct a Cosrrctc 20C oe S®iier is raearxrsbie to repair or rapiace rf me coat for such weak or rBpia09me rt azootxd:me smoun! DroAoee ar. - 20- ma/e•+ect ro Day 9uoh excess.laarig wnionrr ether parry may O&ricoi this C-Omris,.ff Seibr as inane to con,3ci -Ie dArtc:Ib pnur 'c 2::2 tG oa< ;rt0 escrO.v at C'oerg.Sager shall,upon reasonaoie nct;e,prwdb utlf:taris seance a no accaa;to the Prnperrl TO( r.'Krylrpns, (^r_'uC^u .,Ci•. -- 2CV Dror= Doelrv. to conf:rn that al Te ns of Persc r a PrD;erry are 0-1 tru R"I`t=ery and,sut,jcic!'.D the fortago;ng,Mata:i re0u:* reca"s brc rK 2rt nave :lean raae arc the•. the Property, InCtuckn6, but not bred tn, lawn, srntibbery nnC pool, ff anv, has Dent I rr!i%4rieo in!:F ^cr,rr 20! Ell e .Vc D.zte, ordinary wear ar+d tear exceptm. For purposes of this Corttracl: (1) 'vNonong Condtnon'Mears ODe•ailr�9 In t x3 rrar:- .vrro, -e­ ,•s 20E oesgnec to ocortie.(2)*Cosmetic Concu.ion'means aesm�gtic imperfwrions Ina!do not attecl the Wononc Conamon of ire ter,ar_tot {t h7 xT!&j marcQe or o-.'1er pooi M stas: rrusriing or tom rycrti q6, fogged wlnoowe;tsars, wom spots, or ciscoicranon of lox cy,%wip s, vE l Qr. .. --- 20E -mirnwits, rlaa naps, eoratofnes, dents, ecrtspes, dNos or oaulkjng ii c Whnga, wall, too trig, hxuras. Or mirror=, Ana minor craokt rn foors, :Aea ,!�•3- 2 o-Tr,9,ry9, erdewaiks,or cool oec)cs;and(3;cracwceo rnot ties. CL"or mm Ong)arr, or limited root Vie"i nos be cc�oerK 212 c-rw(>Qce,ac iong as mere is no evidence of act'-,al looks or leakage or stru %at damage but rrissrcng blw wlil be Servers responsi eLv is rec:ace Or rcp�; . 211 0. RiSK OF LOSS: if the Property is oern%2ed Dy fins or other casuattr before Closing and cost of restoration ooes not excaad 34c Of!Da assassec .-& 212 O+:)e so damaged,cost o'reis-toratwon snarl be an obfigaWn of Seller and CID009 ehali prooeed pursuant to the?erns c tic Z-ont vcr .. r rsst^r 21 3 )On ccss b:;tSpweo ai Closing.If the cod of reatcrabon ex000de 3%of t'ie aeeeaaed valuation of the Prooerry so camagec.Buyer srzn a;tncr t:.ce t^? 214 as s,tagathor Vnh either the 3%or any insurance pnxo ds payable by virtue of ajcn toss or Damage.or*cww a rerfun•7 of dopoaros). tne.c }reee s;')"; 21.5 &,)a Safer from 8;1 Axvnor cbhgaWr-*Linde-this 3ontracL 216 P. CLOSING"OCEDURE:TYe deed srw og moordad upon Gearenoe Of funds.if the tine agertl insures adverse mArars pursuart c r52' 2'7 as a-tended. MG GSCrow and dosing proceciim ra%ired oy this Stanobard shall be wa.N c.Unless vANW�S set for jn DbO.B rho fo o•-,ng c:os c p-.,:.n%_ 5:• 218 rxall appr-.(1;al Dosing X.Qg ds shall be heir in escrow by tr*Caaerig Agent fur a period of not more ttlnrl 5 day,ante( Ctosurg �2)if 2 9 Lin,^a lcataUae,th•-ugl no Uin of Buyrar, Rapt"I,wttNn the 6 day period,nott!y Seller ir1 W-Mrlg OI the deect and Sewer snarl ha.'e s aatT fn:�ce:_ 220 c!+sr.Cr ou5cz ton to axe the defect;(31,d S�elier faaas to briery axe th opfac i,all agposrts and Dosing tjrds�',upon tivrttlen 7emarc on. B 3 ru 2'21 cgs after demand.De rs%rr)eC iC 5uya and,simutiBneouslywtttl sijcm reF,eyfre ,Buyer shalt re4m the Phxxet P^ODaty, a 3 a;re RNa� cem, a',_ v-yy nine°:-petty to Seder N spepal warra-nv OCOa and tA of sale;ano(4)If 3L)tr falls to r1-ika t)r7*y uwTanci fur!9,,M, txryV' �rl;,w!Ara G� ^,:_,. „fir.":^ -23 ngrt9 aF,alrst Seder as to ary intengyrlg defer accept as msy De ava.UDe to Buyer oy vtr k Ot vrarrar-;ac cCrtainec r:ne osec or Da e-sale << D. ESCROW: Any Ciosing AgwTI or eacrDw agem rAgam� rOOeiwtg funds or equivalerrt is authOrtzed and apses by ecue,Dtttnez Dr--ia^n -�f- .'2E Dr�pry, noo sane it ascrDw aka, s+.wl7leel to ciaaranoe, disburse them In aoDordanca wtM terms and Ooncitons cf Ms ;OntraC.. cagdrlc c'n;-,cs .26 s._,A nci excuse Buyer's -Q,' .snog C In doubt as tc Agents duties or liabVives rmoer r-e pro.asor•,s :0 this Contract. Agarlt tray.r' ?yr.;_�,Nvr "- f !27 -Q tO hoic 76 sJaect matter of the esorOw unilf the par:Ies Aerate agree t0 its diab irsemarrt or unttl a 2; cgmerrt pt a tour: �r CCm DBBn sGc c '19 trine the ng-.s cf t r3 Dames, or Agent may C300 t same with the clerk Of tna orcuR court having jxisdct;on oe, the ci:sc;na Ar.ar.cne, .,rt Mprex- _ '29 Darty anc aJSC acts as ACJBr1t may mpreeern Such perry in suCr a--jon- Upon rr=Tt tng all psrtips corcerned of SLkr acliOn all TL-,_ i,t Cr. I.rr ;,y-dr• , 3D t I",talr.rratf:, excep'iC the exiert Of si=Lrfing for&r/t,GMS prwiously de NGrea out of qs:royv,f!a IrenS50 Tai a5late DMKar A.;e-Y h•i'I '31 naorr of O'r:aCa 475. F.S.,as arnanoed.Any Burt Derwow Bvyer avid`oiler wre ein Agem Ib Tide a nary bacau;c of ac:ng a;Agent hr 32 cur. wnerev,tgent rtarpleaob f-e wood rest of the escrow,Aydrr shall raar.�sr reasor,ac+e anorreys fW,ine cOSt9 I lour 9G 1ti-t^7 1 oSE i :i. 3-7 Jd.'C trO and OA Of the escrowed finds Or a0urv'dI`@rt and r W9601 and aWArOW 8E DOuri�09"m tvOr Of th9 lV!Fsv IWr D9r7y T?ne LLG:r; 3: any perry Dr p6rg01)JQr msee!Nsry to Bts/W.y Sabw of items oubjact tO the escrow, un''eas such rrUsde•.ery rs c_a!0 wdl ul Drcapr,c+;re 5 Corr __� Or.grCM ree,gence of tigant. 3F R. ATTORNEY'S FfiGS; COSTS: In any Btigabon.Ir Jucing breach, enfor .r or Interpre-a:'on,arcing ox Df trus Cc r-z c1, tna prr..:,:r; .7 ;atcr, wricn, for purposes of t'ks Sianoab, sr,W rncwoo Se;iar, Buyer and any brokers act,;ng In agency or nova?o^ty reavOnsr* _ a_Dlo,-ac n - 'n 47�, F,S.,L3 a,r,w)3ec,stall be anrt:od to recover from tre nan-C.revail:n9 party r><awU34 PttoroneyS tees,costs anC e-< &rises. rot oc S. FAILURE OF PERFORMANCE If Bu^,'er sits to perform vUs Coat act wtthin the tune speaf;i . nclud;ri9 (rdymer cf al'. nDcs.z, t7; iC ELyer ono oepcsia(s;agreed to De OE3C,tray De rec-'9'Dd and rTLWOd by ana for ine ac:coun:or Sena as ag•aao i1 're ax9r�1 it O'Ins Ccntraa ate r fuG cet1Qn.3m-2 any c:airrs.whereupon,Bop, ,anc Seller shall Do reie.ed Of all obngat_,u r)or?r rks :? e' 5a*a's Damon, may pr-Ogec r, ecl r to arvbrLb 561tars nghts moor t+ e Contrac. I'for any :aascn utnc� a-.rah re ^f S it � e nNe a Ke aDb 2fsr detgen!e'to ,Seller fats,neg;bcix or re usct to pern this .On ram ,Elye'tray sdewc specif_peifur i,3"_s or -e oeposrr;s;wrnou: ttiereoy AaMnig arty aCtrn for oarnac a 3rLnq 5urn Se ens Desch. r r T. C.ONT'FAC f NOT RECOADABLE; PERSONS BOUND; NOTICE; FACSIMILE NOrt-)er f^de Ccntra t o e er0a hs Conva�snd' b rd are irurH r lie DerlGtt of the pales arc Melt's CC&S.SL,rs rn;nrer '.ti^nanr er the CG,fy-_ Ce.-1res. 'f ti_' GD;YEI ltnd DrE ;"arioe-;na!Irviude aH. Notice ar,D deuvery giver, Dy cx tO this 2'Orr,e) o,Dro-Sar raorosenLng ar,ra'ty _ ?-1a,;zr-w. A -..D�.o;^'wst t'e r v"T'3rg�and rsy oe mace Dy mail, �:Qr'sona 031very or 6.ecirnruc rrsc,a 4 IdaiC(e rac4rv10 cccv cr r^ y r:!u s6 lgrgpn 9^fll:G•Co si.99C rD-al!prrposes a;an or07a';. u. CONVEYANCE. Sea a sna!a cc,vcy maice!ab;o tr+e to ne Pr ~ery D at rc� warrar�'. !n steer, �rs3;a Yp i3,a,, eL:'rJ(3'16Fa tc Inc- Bra'_Y Of S9aler, B,:D;ac. my to matters cOrtt2:nW in Prragaor '.'1 and Se ctherrriSP bc`raC'H-: Oj sc yes! or Euyw De i-5.,1ver-to:} al dDSOI ire blu Of SaIG wQn .vaRlr^tV of MI!, sib 9s o iiy to suCh ma7e1S - VOTHER AGREEMENTS:Nc Drix or[,rG-o-r a groemenis or repmoanta'"Qr1f Sr,SU k3 oinosrg'Xon 9a.ye -- zU; !D S G';2nQe!n Irts C 0y ar_j&7a11 JB va1C or binrIng upon the parieB un;ooc, in wr«ira ate exeC,rt:�c bq t'n9,ar,cs W.WAARAN Y:SoWr .B-2ItS tn,ar 7e.E de nc ^,s known;l0 5,01gr mfl tr ty atfec-ung tf1H�1iIJe of t*F OpPRy K LCh t i Or .aT'�r:revs'1C! C'DEAt GaSC'DDii33d iG 3l'Ye>-. • C[I�.o�:.ac •r� ';r'r', rv.rr.-, 9^orwrwi4q...,...�....,..�,.... ____ ..._. _ „. v rvk'r: 1 n8 TRie GOR1rlVimvl(sr1a9 be I — •v �Vrta r,C"Ni poicy of true insu anoe 1n the emoint of the Purct�ass a jJsI icensed title inBu Lr a P;rg?ePh\1 a.rtq ft`ose to pr1�9,Yl3tJ71r1 9rCeing to issue 6lrys. upon r=Cad 5c by 81 be d:echar2W by Seller at or bebre G fl Buyart maketabie title to ma Haa;P the dada 1 ?outmtl `or"da Bar and In actor=-Cp w�`aw Makvtaplp tltl9 ahali be delwm,,na�+eCCordn�� 9uby&:cv,',:rare-5 cor c-h aetacUve, notify suer rt Buyer�have 5 des g M aPpic�s T,r 5 a•nceras d wits 1a3J1 �y 1 gum at1dM..YvtiCfm 5s AI^9 ddect(a) whiCim rr3nder tttie u�marl(gtbryg �n �the rite COrrr'1 f'ranI IC?JCari•I18 rt•,24 ape Deno r”to ezcepd 120 d2 oarys after }�on of the 30 day Pend, delver �i have 30 aays from r9caD::" nc ace e s.To.e 25 ce returned to Buyer. n `�` "'fy S Seder aver use di6gerrt effort to "'then notice t: Seder Ei t1)extgndx, ire t:r*,a c• _.e 126 t 0r faits to so notrly Seiler, remove the dewcts: 0r 127 r� lei eort tc co'recrt rory�shall tb deem to tteve Crt 'Ewes irD 1 rEalLrc at ceDos".is J Km of aeDost(e),?hereby � tlme DrDvidr30. tr Seder is u'1 Q to t;m co rat a clo as a thigi&.iy�. Seib srtVI n tr?e,s rourro un r -- e a� 8 0 12 ers0 10 Buyer lam than 5 12ys R'i0r to etve tb Lli ts. Svuer him furt}hgt . Buyer 5181 er ner w 129 des CloeviB�Buyer may exend 'BetrOna under trus Contract.if Seller is?p 0—ii L'18 cr nce with trtis Standard• Closinfl so t,nat glypr sr1211 have up?0 5 des T},au-, 11Ue Cor^�r-wr,en?'30 B. PURC}{ASE MONEY MORTGi SECURITY S date er vcO,C !oexar 1rs sa, r 31 30 Cey g 4 pi in the E+enl of dei9ult M a first gGREFMGNT TD SELLER;A One 32 h wade 0r in part withou mortgage end a 15 day race DUrrChase Money M01`1grs4e anc mortgage note to senor s^al 33 in rlCatiOns off eoo819 titlon In event Ot Irani of the a P"P�d Or Igsser mJrY�a9p;sr.al qr1; �f C^?J31 er good standl";shan f0rbld m p ovi0?l;r n 34 stanctt3rd mortgagee cause covering BH or adv�nCe, under,Prior limo, rtY seal require all prior Jana end enCu-nC)rw Ce; VnPis located on fie Real(P ' Bets)'shall reQuire Buyer to maintain poicles d rStir3n^9 cp^2 rr� endorgg-r�tte•and such�h�rfsl1 W"d Pef118 as Sr3liar m �'�'against fire and all penis in, i 36 and 30C�rrtty ag-aement shall bA of wn Uo In form and y noq:r+re, In an equal to thar h h k Bed with n 'he to m -axter�ed cc�e-.B 9a9� mor ot Ig est 138 Real gag n0tea and sagreemente 9� r9QLdred by SiSeder,but Seller may only rBgUire clauses ands �;at to O �perty 3 IOCattld,All PwSioft�Perty end md by s rrg8 and ban Insttnrti ns or state or n2Uo Uyerags Cxy-1arv) founc in ~� nal barks located in the 00-X v wiler5rr tn; 14C C.SURVEY: t uye r�9 tX or a=19r1ed Ail,at Setlary option,tie 141 RV7=Y:Buyer,9i Buyer fie, whtlin Of title. H a t7Allppn 17CRgage,the sub)W to the lion cf a swL.rry e9,sy,,;i,.,.3r tap oy a leg SVrad Ronda yea,I the SUVW hi deliver evid®rx�of tM and 10 exam Payi,r� "W exceed the Pali payments InwQon, others a volets may have the Rat mi 18nds a 8 ry naztbOrtt;, on the Rppl ptDp6r y Or that tf wr'iim� End cme iec 143 0-WOO()DESTROYING OR OOKnams Or �iota*.eo therot•�n�,Dach on SetDaCk ie)Gs•ease 144 a, least 10 de ) at Buyers °Bovenvn"I regulations,die Senile 1�' �7aUsm irrfeVartoi @=udl f9 ferlOAs tier Ord is ar'y yi p�����n9 red by a Ronda C:ertihed Pest CQrnr01 Operator 145 ht bn rtteted by the both ere bond Buyer may,wftimin 5 9 Organism nfsstatOn Or visible darn 147 Operator and all days from date of ape lrxn wooc DssT v♦r t repair 6 e1 Oarnage up to the Wnount prDvOW In P r � estlrs dated try an appraPr<ately lieenseo nonce tnersof,nave cos?o trvaur�nt o+ and days sitar receipt of G�ntraCtOr s �$� tl�t11t18t8p COeta RxUeed that amou sa0ror.Seller area pgy cots of rraa:.'Jtji t-'c 48 Crt3dt at Z" a er tlae gpjpu Paragraph ate b'Y �Wfft,�n noti to Seller,or Buyer ��Shall have the cAt•on Df ar61;,,y It 1s Cc',17 c 50 b t� repoi UnOer the Plondn Doll ��•1+OrBar115ms'shah ba O r ek�c t to proceed wCh trt8 r3 Asa t Sa^ tan 7 ecerve G 51 E. 'W 19MS AND CGAM:Sew CmtrDl Act, as ertier>dec}, earned to vtcludQ all wcoo d '52 In 'A'errants and rcPhoeertta that there is ingw$andtheaOT70YmB cr�ns•n9 ryou;sc 153 Dh�I antl t is to the Real grass t0 15 a�I�.Seder shay,at bast 10 daya before le a1a14tsble in aoeordanoe whh StanOara q, i Real Property st f6eierr to' is 6ntend x use 1 Iratfon of the Want ocaUpa 1 y r9ntel rs �� banish to Buyer COP196 of all written l8 ut�pdon for lack Of Ig9aJ rgm of aC oss. �C ant• trine sees and estopF81 iettcr�from each tenant sPng re ra-u a sarrme intom,a5on"I be f t,,N& d Wl advent-�rani�y�,� d paid by tend tt. rc ant to corrtrrn suoh Irf>Tinatim it the er 10 6vyer within that lilting pari,>d in h8 torte of a Seiler Is unanIe to ObMn&Lcr ��er rrwr. 157. r*boe to Seiler at least 3 de terms of the leases ditTer _c A ,s afEdavtt, a=or,ter- 58 G. LIENS. days Prior to Closing.Senor ahap at eri20y trorri 5a11ers rePreee.lts6ons,BL"r may tw,.tg INS Contmcl r,�'eC Iw. salter allay kxrm to Bu at CbaU�g, deliver and ass! al 7 Of ien rX 'Y� titre of CIi an a 5davtt original leases t;Buyer Y rig,,Tttcn Potential tier)=known to to the absan�,un 91 d0tary�edh6 dale of Clceing. if the R",Pr end fmrther attss impirl,met these haw been no i Ot�i PrVc�ded for herein, of any fnanCing slaterr,an;. harts tY has oxen vnArovBd or rept3ired wiLnin imm t f lov a Seiler��to the Reel prop 82 alai e0 by RA Wwftt oor1tr8Ctbrg rubooltriWbrs to aay5 urine �, aabconti-actom, auPAlers end rhStO islmen in addrJon tD Salfertis lien atlda gases or ,•fivers Ot col 64 33 Oo1z-rU�On ion x a CrBam for d arkl '�aifirmng that all cle-13 for i, Ong for'h the rerres of N PLACE OF CLOStNO: �eS reyg bean pW7 or vviA!]e o-js Or 4 4 65 Goad Lnw bo nerd In the �d at irne PrOpe o1 this Corr t9Gt.V'G �pairA win rn cou C serve B o a ras s ror s 57 6e I.TIM I. E�vvh�O nxiacf g t�Pi �9f r�°� «,It no title Ili oeSonaled*ge sr woe of the 57?0"y or Ctr,sr c;OSlny dLdr..,.LICS•r.c 58 J. CLOSING DOCUM Srwor" Saturpay, -&LMay,Or a legal des she �S�end state«ne Tonal legal YaldayS srari ca aX : 52 ENTS:Selby Shay Unlztt the deep,bill of sale,Ce'i»t9'- li 3 P.M.of me next bus,,., d uoed.Any t me pi cro,ay.Ti ne i9 c1 the 70 K �Q 9V WopG�l8t ii 8f7(7 arrB� g t Res, Bt Y9 919U fu7tivh ,q�JC`lon Ion a Owl,o QO s�C+'eMence In this C orYaCL Documa7' Lie Du Taty stamps On Cie deed and n'g9a9s,mortgage racte. , sss,gnTcrts:I bn-c. roriey rnort949 grid an rT 9Gt vE instTtl,04_is Snag be e9rt3e ant and ,�2 reoording of co se�atty 6sB+;to Sells"dee0 and Anana�p satsments snap be asap pv g„ BVee idle ftu-4rce com'nitmer't Wit)rg D�umenrsrY-.ti J } r4 x rJe gervq .ner^sry t e B ioe+icv, thle exam 'erv.iso pro..Joed by taw o- 60S.anc recording of purrnzsc Tc.^.a, mo,r. bag ct �c P�� NB 6v�Cen;,e km 80.^6 r1Ce with Fars7aph V.C1 igg 0'1o'uding pn?parallon of ciCSnq cq r Ssionitac:.:,ear 6 tC"i'k3%Cti'ICm ny'Ei9;- CREDrM:Taxes• t, ral�r•ad oy t;he ear/ �r snag have trte option Offrant Rt1, Ineu grace and otingr ba :-L wg aver BxiSting pD1;ygs 0'rsuran_ ezPenscts of:he Prppery wall be prom:ad tr.. 3 Adva-"� , Es may to C+aured br Proratlols to ^9 Mz?ssurta�e.In wn;cr fin,premi xns ougr tie oaf ai ,a -9 the Ov,ant 9eC deppsi'a wG9 be aadrted to t)O mans to Lign day prior to Cii sin or °nat''e prorated Cam, a de g, CGCUPanCy. i,x n Os�nc '.Au 0 art Y6ars tax ;duq&li0wan�n�eoe for . Escrow posIs neid by mort,,pf e�fl'oe c rd n;-er, vba m nv-vmum alloys *Recount,homesraaa snC Diner Qxem ec to SuAer. Taxee a ,y,urs i sage:e rct fxeo ano OUrBr1'years a P P 3 eC�aSNC or 8��n18n n0' saesamerr Is eva11ab1e taxes wl� p OnEI,.f Cif 2 'et o! ieble, then tBSes will be P Dra ed based upon such 9 occu,5 a•a Cate'+lien ire rear o!Closing, vfil^1 enpra, l"s prorated on prior yw�s tax. If the-e ere co sssassmert arK prior u at an Cut abme 8 `^Qrt3 not in 0etence on mt 18IeC impro,,grt,Q,.,ts on the r s r-tllags. I! 4 saes rmQr; tC De a�}!9gy upon b l°rn gry 1st o prior year,roan Maas Shoji rocaT, pr �z•-Uer. assessmerll gity�Ir tc eccourrt avaueble a this parties; 'a1Yng vvhrch, Ga Prora'sd be56C uDOr 5 brf or)ool"Cliton net e P xsmpt6 . A t8x P Htion p et Sti be made tc the Coun Rno,»'"s rrrhes .np g M a e ne t Ln the Qfact 5 signed at Closer g, aeod cr an eat mare stall. gDDe^ry gDGra ser br an r �4ESSMENf LIENS: part-r,,Excvo w set brth in PwagW? luatec roan tom,;�r cr-az 10 C2JC1 p tY Serer. Pgndin6 'la;ma as or Closng Bh19f�I Dart„seco, 6 arrfl that r ;al sassrnelr bans impoeed py be sa&rn lorrip ^,6•T' and 7?�Fl -M Bar A6 `I . '�k()9r a cos an;;al :u.rt.,�c as :r LEASE AGREEMENT THIS LEASE AGREEMENT MADE AND ENTERED INTO as of the 2�'h day of May, 1997, by and BETWEEN: JEREMIAH J. I ELLY and DOROTHY M. )KELLY (hereinafter referred to as "Lessor"); - and- ]KELLY CRUISERS, INC. (hereinafter referred to as "Lessee"). WHEREAS, Lessor is the owner of the premises known municipally as 4160 Ravenswood Road, Dania, Florida 33312 (the "Premises") and as more particularly described on Schedule "A" hereto. AND WHEREAS Lessee desires to lease the Premises. NOW THEREFORE, THIS LEASE WITNESSETH THAT: 1 LEASE OF PREMISES. (a) . Initial Term For and in consideration of the rents, covenants and agreements hereinafter reserved, mentioned and contained on the part of Lessee, its successors and assigns, to be paid, kept and performed, Lessor by these presents does hereby demise and lease unto Lessee, the Premises, and Lessee does hereby take and hire from Lessor the Premises, for and during an initial term commencing on the date hereof, and ending on the second anniversary of the date hereof, upon the terms and subject to the covenants and conditions hereinafter set forth. (b) Oration Term Provided it is not in default of a material provision of this Lease, Lessee shall have the option to extend the term of this Lease for four (4) additional periods of one year each at the same rent as outlined below,by giving written notice prior to the end of the initial term. 2. FIXED BASE RENTAL- Subject to the adjustments provided for herein, Lessee shall pay to Lessor, as a fixed annual base rental for the Premises during the term hereof,the annual sum of$105,228.00 in equal monthly instalments of $8,769.00 advance without demand on the first business day of each and every calendar month commencing the date hereof. The rent due for the portion of the initial month of the Lease term, if such month is only part of a full calendar month, shall be pro rated. Lessee shall make payment of each such instalment to Lessor in lawful money of the United States at such address as Lessor may designate in writing. 2 3. REAL ESTATE TAXES S /-�S �r'p During the term hereof, Lessee shall pay all real estate taxes relating to the Premises. 4. 1 i4E H PREMISES Lessee (or its affiliates) shall be at liberty to use and occupy the Premises as a terminal for the repair, storage, fuelling, and operation of motor vehicles and the conduct of other lawful activities related thereto. The Lessor acknowledges that such use shall not constitute a breach of this Section or any other section of this Lease. Lessee shall not use or permit the Premises or any part thereof to be used or occupied for any-unlawful purpose or in violation of any certificate of occupancy or certificate of compliance covering or affecting the use of the Premises or any part thereof and shall not suffer any act to be done or condition to exist on the Premises or any article to be brought thereon which may be dangerous,.unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance then in force with respect to the premises or any part thereof. 5. REP IRS AhM MA=EEANC Lessee shall, at its cost and expense,keep the Premises, including the interior and exterior of the buildings erected thereon and facilities located therein, in good condition and repair, excepting reasonable wear and tear and damage by fire or other casualty covered by Lessee's fire and extended coverage insurance, and shall at its cost and expense maintain all portions of the Premises in a clean, safe and' orderly condition, free of unlawful, obstructions. The Lessee's covenant to repair and maintain shall not require the Lessee to put the Premises in a better state of repair than the Premises areiin+on:the date of the commencement of the term granted hereunder. Lessee's covenant to repair and maintain shall include, without limitation, all non-structural repairs with respect to buildings on the Premises, reasonable care of landscaping, regular mowing of grass, and maintenance of the access road and parking area. Lessor covenants to make all structural repairs, including repairs to 1 the foundation and supports, masonry walls, ceilings, floors, garage doors, roof and r electrical systems, Ld4e fuel tcs. Lessor will make such repairs promptly at its own expense upon receipt of written notice by Lessee to do so, except that Lessor shall not be obligated to make or pay for any such repairs to the Premises rendered necessary by the fault or negligence of the Lessee or any of its servants, employees, agents, invitees or customers. 6. UTILITY SERVICES Lessee covenants and agrees to pay, as additional rental hereunder, all meter or other charges for gas, water, electric current, sewage disposal, garbage collection and other utility services used by it in or for the Premises. Lessee agrees that Lessor shall not be obligated to furnish any of the above services and that there shall be no abatement of rent on account of the interruption of any such service. 3 7. AT TFRATIOI Nothing contained herein shall obligate Lessor to make any changes or alterations in the Premises. Lessee shall not make any additions or alterations to the Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. In the event that Lessor shall consent to any such additions or alterations, Lessee shall make such additions or alterations at its sole cost and expense subject in all cases to the following conditions: (a) Lessee shall procure and pay for all required pen-nits and authorizations of all municipal authorities and government subdivisions.having jurisdiction over the Premises prior to undertaking any addition or alteration; (b) Lessee shall make any addition or alteration promptly in good and workmanlike manner and in compliance with all applicable covenants,permits and authorizations,building and zoning laws, and all other laws, ordinances, orders, rules, regulations and requirements of all municipal authorities and government subdivisions having jurisdiction over the Premises. $ ir�ruauTt'S LIENS Lessee shall keep the Premises free and clear of mechanic's and materialmen's liens and other liens of a similar nature in connection with work of any character performed on the Prerises by or at the direction of Lessee, whether or not such work involves any addition or alteration to the Premises. In the event that one or more mechanic's or materialmen's liens shall be filed against the interest of Lessor or Lessee in connection with work performed on the Premises by or at the direction of the Lessee, Lessee shall notify Lessor thereof promptly and shall either pay the amount claimed.forthwith or otherwise obtain the discharge of such lien forthwith or deposit with Lessor forthwith such security as Lessor shall specify to insure payment of such lien and prevent any sale, foreclosure or forfeiture of the Premises by reason of such nonpayment. On final determination of n proper such lien or claim for lien, Lessee shall immediately pay any judgment rendered with all p p costs and charges and shall satisfy the judgment and release the lien of record at its expense. If any such lien shall be placed on the Premises and be ripened into a judgment which becomes final, Lessor, at its option, may pay such final judgment and clear the Premises of such lien and the funds expended by Lessor on account of such judgment shall be repaid by Lessee to Lessor forthwith upon demand. 9. �n��t T a1.T(`F WITH LAWS Lessee shall, at its sole cost and expense, promptly fulfil and comply with all laws, ordinances, regulations and requirements of all municipal authorities and government subdivisions having jurisdiction over the Premises and of any fire or public liability insurance company or similar body concerned with the Premises or affecting Lessee's occupancy of the Premises. Provided, however, that Lessee shall not be required to fulfil or comply with laws, ordinances, regulations and requirements where the need therefor arisesan occurrence or condition that occurred or existed prior to Lessee's occupancy of the Premises 4 10. T IESSFF.'S LIABILITY Lessee will protect, indemnify and save harmless Lessor from and against all liabilities, /.ghobligations, damages, penalties, claims, causes of action, costs, charges and expenses, including attorneys' fees and expenses, which may be imposed upon or incurred by or asserted against Lessor by reason of any of the following occurrences: (i) any accident, injury or damage to any person or property occurring on or about the Premises or any part thereof; (ii) any use,nonuse or condition of the Premises or any part thereof; (iii) any failure on the part of the Lessee to perform or comply with any of the provisions of this Lease; and (iv) any claims for the performance of labor or the furnishing of materials or other property in respect of the Premises or any part thereof. In case any action or proceeding is brought against Lessor by reason of any such occurrence, Lessee, upon Lessor's request, will, at Lessee's expense, resist and defend such action or proceeding, or cause the same to be resisted and defended. 11. LESSORS LIAT3I= Except for loss or damage caused by Lessor's negligence or breach of any of Lessor's covenants hereunder, Lessor shall not be liable for any loss or damage to any property or person at any time in the Premises by reason of theft or any action of the elements or arising from fire,wind, explosion, snow,water, rain, steam, gases or electricity, no matter from what sources the same may come; and Lessor shall not be liable to Lessee for any damage by reason of inconvenience, annoyance or injury resulting from the repairing of the Premises, providing such repairs are performed promptly and in a reasonable and workmanlike manner. 12. INSLMA_ NCB Lessee, at its expense, shall during the term hereof, maintain: (a) Insurance with respect to the Premises including the building leased hereunder and other improvements thereon, against loss or damage in an amount not less than the replacement value of the Premises, including the building and other improvements thereon, as determined from time to time by the insurer or insurers; (b) Public liability and property damage insurance applicable to the Premises in amounts and coverage not less than $1,000,000 per accident and $1,000,000 per person for personal injury and $1,000,000 for property damage with excess bodily injury and property damage coverage of $2,000,000. All insurance policies required to be maintained by Lessee pursuant to this Section 12 shall note Lessor's interest therein and provide that any loss be payable to Lessor and Lessee as their respective interests may appear. Upon Lessor's request, Lessee shall deliver to Lessor current certificates of insurance. 13. RTCIHT OF ENTRY_ Lessor and its employees and agents shall have the right to enter the Premises at any reasonable time for the purpose of examining the same, making repairs, or, at any time within three months of the expiration of the term hereof for the purpose of showing the same to prospective tenants. 5 14. DESTRUCTION OF OR D MAGE To PREMISES If the Premises are destroyed by storm, fire, lightning, earthquake or other casualty the Lessee shall have the right to terminate this Lease as of the date of such destruction and the rent shall be pro rated to the date the Premises are destroyed. If the Premises are damaged but not wholly destroyed by any such casualties the rent shall abate in such proportion as use of the Premises has been destroyed and Lessor shall restore Premises to substantially the same condition as before damage as speedily as is practical,whereupon full rent shall recommence. 15. CONDEMNATION If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, be condemned or taken by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease on the date when possession thereof is taken by such public authority and the rent shall be pro rated to the date of such condemnation or taking. Such termination, however, shall be without prejudice to the rights of either Lessor or Lessee to recover compensation and damage caused by such condemnation or taking from the taking authority. 16. ASSIGNMENT AND SUBLFTTIN Lessee shall not, either voluntarily or by operation of law, assign, transfer, mortgage or otherwise encumber this Lease or sublet the Premises or permit any part thereof to be used or occupied by anyone other than Lessee, Lessee's affiliates or their respective employees, without the prior written consent of Lessor in each instance; provided, however, that the consent of Lessor shall • not be unreasonably withheld. 17. SUBORDINATION Lessee agrees and acknowledges that this Lease shall at all times be subordinate to the lien of any mortgage or mortgages now or hereafter placed on the Premises by Lessor, and Lessee agrees that it will, upon written request of Lessor or Lessor's mortgagee or mortgagees, and without cost, execute any instrument as may be required to effectuate such subordination; provided, however, that such instrument shall provide that so long as Lessee shall faithfully discharge the obligations on its part to be kept and performed under the terms of this Lease; its tenancy shall not be disturbed nor shall this Lease be affected by any default of Lessor under such mortgage or mortgages. 18. QUIET ENJOYMENT The Lessor covenants and warrants that it has the right to execute and perform this Lease, and further covenants that the Lessee shall peaceably and quietly have, hold and enjoy the Pre;rnises and all rights, easements, appurtenances and privileges belonging or in any way appertaining thereto, during the term of this Lease, subject to the terms of this Lease. There has not been any oil, fuel or hazardous substances of any kind spilled, leaked, discharged or deposited on the Premises nor any violation or alleged violation on the Premises of any federal,state or local law, regulation or rule with respect to hazardous substances. In the event the Lessee incurs expense to bring the 6 Premises into compliance with any federal, state or local laws, regulations or rules arising from a condition of environmental impairment or a spill, leak, discharge or deposit of a hazardous substance on the Premises which occurred or existed prior to Lessee's occupancy of the Premises, Lessor shall hold Lessee harmless against such expense and shall reimburse Lessee for any costs incurred. 19. ESTOPPEL. CERTIFICATES Lessee agrees, upon written request of Lessor, to execute, acknowledge and deliver a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, stating the modifications, and that the Lease, as modified, is in full force and effect); (ii) certifying the dates to which the rent and other charges have been paid; and (iii) certifying that there are not, to the Lessee's knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed, it being intended that any such statements delivered pursuant to this Section may be relied upon by a properly interested party, including a mortgagee of the Premises. 20. SURRENDER Lessee shall surrender the Premises at the end of the term hereof in substantially the same condition as at the beginning of such term with reasonable wear and tear, damage by fire or additions and alterations permitted hereunder excepted. Any addition or alteration made by Lessee to. the Premises and.permitted hereunder shall become the property of the .Lessor. upon the expiration of the term hereof without any compensation therefor by Lessor to Lessee. Lessee, if not ® then in default, shall have the right at the end of the term hereof to remove any equipment, furniture, trade fixtures or other personal property placed in the Premises by Lessee, provided that Lessee promptly repair any damage to the Premises caused by such removal. 21. LESSEE'S DEFAULT The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee: (a) The vacating or abandonment of the Premises by Lessee: (b) A failure by Lessee to pay the rental reserved herein, or to make any other payment required to be made by Lessee hereunder, where such failure continues for three (3) days after written notice thereof from Lessor to Lessee; (c) A failure by Lessee to observe and perform any other provisions or covenants of this Lease to be observed or perfonned by Lessee, where such failure continued for ten (10) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within such ten (10) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion; 7 (d) The appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located in the Premises or of Lessee's interest in this Lease (unless possession is restored to Lessee within thirty(30) days after such appointment); (e) The attachment, execution or levy against or other judicial seizure of, substantially all of Lessee's assets located in the Premises or of Lessee's interest in this Lease (unless the same is discharged within thirty (30)days after issuance thereof). 22. may: In the event of any material default or breach of this Lease by Lessee, Lessor at its option, (a) terminate this Lease upon and by giving written notice of termination to Lessee; or (b) exercise with or without process of law and without thereby incurring any liability to Lessee and without such remedies constituting an eviction of Lessee or termination of this Lease, at any time after such material default or breach without notice or demand additional to that provided in Section 21 hereof, and without limiting Lessor in the exercise of any other right of remedy which Lessor may have by reason of such default of breach, any one or more of the remedies hereinafter provided in this Section 22 or as otherwise provided by law: (i)Lessor may deny Lessee access to the Premises; (ii), Lessor may enter the Premises and take possession of the Premises and all personal property of every kind on the Premises; (iii)Lessor may remove such personal property from he Premises and deposit such property at the cost and expense of Lessee in a storage warehouse in the ounty in which he ersonal Premises are located; (iv) Lessor may, if Lessee shall fail to pay all charges and damages resulting from such material default or breach within ten (10) days of such material default or breach, sell such property found in the Premises. Lessor shall apply the proceeds of such'sale against the rent due hereunder and the expenses which Lessor may have reasonably incurred as a result of such material default or breach by Lessee; (v) Lessor may at any time and from time to time relet the Premises or any part thereof for the account of Lessee for such terms, upon such conditions and for such rental as are commercially reasonable in light of the then prevailing circumstances. Lessor shall receive and collect the rent against such expenses as Lessor may have incurred in recovering possession of the Premises in place the same in good order and condition, and such other reasonable expenses, commissions and charges including attorneys' fees, which Lessor may have paid or incurred in connection with such repossession and relating, and then shall apply such rent against the rent due hereunder. All of such remedies (whether provided herein or by law) shall be cumulative and not exclusive. 8 23. WAIT The failure or delay on the part of either party to enforce or exercise at any time any of the O provisions, rights or remedies in this Lease shall in no way be construed to be a waiver thereof, nor in any way to affect the validity of this Lease or any part thereof or the right of the party thereafter to enforce each and every such provision, right or remedy. No waiver of any breach of this Lease shall be held to be a waiver of any other or subsequent breach. The receipt by Lessor of rent at a time when the rent is in default under this Lease shall not be construed as a waiver of such default. 24. HOLDING OVER In the event that Lessee shall fail to quit and surrender the Premises upon the expiration of the term hereof, Lessor shall have the option of(i) exercising its remedies under this lease, or it treating the Lease hereunder as having been renewed for a further term of one month on the same terms and conditions as contained in this Lease for the period immediately preceding such expiration. 25. NOTICES All notices, requests, demands or other communications required to be given or made hereunder shall be in writing and shall be deemed to be well and sufficiently given if hand delivered or sent by prepaid courier or by means of printed electronic or printed telephonic communication, if to the Lessor, addressed to: 1201 River Reach Road, Apt. 218 ® Ft. Lauderdale, Florida 33315-1179 and if to the Lessee, addressed to: 1717 Highway 34, Allaire Airport P.O. Box 2245 Farmingdale, New Jersey 07727 Such notice shall be deemed to have been given on the date of delivery or transmission. Any party may change its address for notice by written communication delivered as aforesaid. 26. SUCCESSORS A_ND AS I TN4 The respective rights and obligations set forth in this Lease shall enure to the benefit of and shall be binding upon Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. 27. INVALID rrTOT rT An PR(�VTCT�*Tc If any provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is held invalid or 9 unenforceable, shall not be affected thereby; and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 28. ENIMEAGREEMENI This Lease represents the entire understanding of the parties with respect to the subject matter hereof and supersedes and merges herein all prior negotiations, understandings, agreements, representations and prior leases between the parties with respect to the Premises. No change, waiver, modification or amendment of this Lease shall be binding or of any effect unless in writing duly signed by the party against which such change, waiver, modification or amendment is sought to be enforced. 29. CAUMNS The captions of the Sections hereof shall be for convenience of reference only and shall in no way define, limit or describe the scope or intent thereof. 30. GOV . N Q T Qur This Lease, and all the provisions hereof, shall be interpreted and construed in accordance with the laws of the State of Florida. 31. COUNTERPARTS This Lease may be executed in multiple counterparts, each of which shall have the force and effect of an original. 10 IN WITNESS WHEREOF, the Lessor and Lessee have executed and delivered this Lease as of the date first above written. WITNESS: SSOR: Jere K By Dorothy M.Kell LESSEE: KELLY CRUISERS, INC. Per: atw- UM ! ' Denis J. Gallagher,President • Ref:legal\�Ieasel.doc • o n a �} O � •� . .� t/1���71v�k'�i )r Z' 0 r a7' '�a.� r�K J�.�'L•' 741 i 1 I I Ct7:ZMCL4.LLtSE This lease is made bc:wam Jeremiah J.Kelly and Dorothy M Kelly, ixrein called Lessor, and Worldwide Aviation Di;trJbutors, L'ac., a Florida Corporation, herein called Lessee. Lessor leases unto Lesaec the premises at 4.60 Ravenswood Road,I3aai►Florida. The lensed area consists of Cf'flce Bading and Seivix Ares BL.*Ungs,and?Lim Booth. .� (See estaded legal desctipdon as ExHbit"B'� 1, Ialtial Term and Option to Renew: Thee irixal term of this lease shalt be`or a pettod of Five(5)Yms and shall corrunence on Mby 7, 20W and shall terminate on May 6, 2005. 2. Bsse Rent: Base Rrnt'.'or the^ive(S)Year lease feint will be paid as follows; May 7, 2000 to May 5, 200I - 310,CCO.=-0 per montI4 plus sales tax; lviay 7, 2001 to May 6,?002 . 311,G00.00=rnoWh, plus sales tax; May 7, 200:to May 6,2003 - 312,000.00 per month, plus sales tax; • .NiQy 7, 2UO3 to Iv1ay 6, 2004 - 3l 2,00C-10,per mcnth, plus sales tax; N1Ay 7,2p04 to May 6, 2005 - $12,000.G0 per month, plus sales tsx. In addition to base rtat,the Lessee will;ay is t.dditicnal rent all taxes, insusaace,red maintenance on whe?rcperty. Lessee will pay to the Lessor as additions) rant ca September 1" of each yeas Is real prcpery:axes zsmjs d for the:year against the property as additional seat. 3. Deposit. Lesate will pay a S.rst tnorrths-ent of 510,000.CO; last rsoaths rent A 10,000.00 and a security deposit of$10,000.00. T."e security de, will act as security for the performance of Lessee's obugsdor.2 .u1der.`mot tease, including without lirnitatfoa he sureadet otpossEsaior.of"tl-.e prcrniscs:o I,cssor ea herein provided. If Lpsor applies any part of the dtposlt to cure any default ceLessee, Levee shall on demand,deposit with Lessor the snwunt so applied so tta1 Lessor she'.': have thr flea depose ca hand at aB :rocs during the term of thij lease. The pay-�es agr-e Lessor w-il: not b9 obligated to pay interest on the security de'posir or int months rent. At tho time of execution of this lease,the Lessee will pay to the Lessors the sum cf$22,000.00 which wit be fist credited towsrds the first months real and:air -nmrrs r=-t. Tv,-,. ''_'l:ou' and ($2,000.40) doll$ta will be credited toward the 3ecurty deposit. The balance oi'the seourif deposit will be paid in four(4)equal connect:;vc monthly, irKaUcreslts�f 52,000.00 per motith 2000. -- — �` PLAINTIPPOO ,v 4. Due Date: N-ontL'y rent wiL be due on the fint day of each month. ln'the event tht rent is ram tinan ten(UD)days past dae, a late fee equivalc=to five(5%) percent of the monthly rent vfU ee due and will be Wad to the rerr, due for that raonth. S. Real and Personal Property Taxes-Additloaal Rent. Lessee ahal:pay as additional rnrtt the taxes tbat are assessed against the reel W persona;properly being leased. On September la of each you Lassen will pay the property taxes for the yeas. If at the end of ae year,the amou.:i paid by the Lessee is insufficient to pay the actual tax bill,the Lessee will remit the balrnce within ten(10)days of being noiifizd by the Lasaor of such deficiaary. Lessee will be responaible for the payment of the intangible tad aornrt:crcial personal property tax aasesaed an the prapcny sad all real Lad personal property taxes saaratod with the operation of the Lessees business on the property. Low will be r4poes3'ble for the disposal of its own garbage and waste. 6 Insurantx: the Lessee will be required to maintain the following insurance during the term of tho:ease p1s any option period and to name the Lesser as an a idono'_ insured(or loss payee)u the case maybe. A Insurance with respect to 6e Premises including the bQ-ding louad hereunder and othe imRrovesaents tlwoon, ag rsi lass or damage in an amount not leas than:the • replacement vsluo of:he promises,including the building srd other imprcyanents thereon, w determined from time to time by the inspirer or insurers;(Said ir=-ma2e Lha'I include but Qball not be limited to fire.tt.4:xindstorrn, flood and other casualties,plate glass); B. Public lisbilir�and propery damage insuranx applicable to tan pre~nlses in amounts and coverage not lass than$1,000,000.00 per accident sad S1,x 0,000.00 per per~~,:n for personal injury and Si.000,000.00:`or property damage with cxxss bodily injury and propeny da.-nage ccvrtge of 51,000,000.00. Laaace will obtain and mairiM n all other;nmanoe's requi ed by law. AA L-,%zencc's will bo throu.3h companies approved by the Lessor, Lessee shaIl provide Lessor with a Certificate of Insurance showing Lessor as additional Insured. The Cm1i5cate&.'tall provide for a ten-clay written notice to Lessor in the event of carcellatien or material change of coverage. To the r-==Lm extent petnytted by inr,:rance policies which may bs cwned by Lessor or Lear=,Lcnsoe and Lessor,for the benefit of each o-,her, waive any and all r'ghtg of subrogation which Might otherwise mist. ?. Carve and Maintenance of Premises, Lessee aciaowledgcs thnr tho premises vs in good order and repair,u:dess otherwise indicated hxein. Lessee sha11, at his own exptr'.so Lad at all times, tnaintaia the premises as a good and safe ccadition, including pls;a glass,electrical a•u-iag ph:mbing, air condi�=4 and he7ting irsta 13tions, and any ether syzem or equipment upon the premises and Mal, aurrendec tl:e same, at,=nztion • 2 �� 'J 7n:.]c7cL�C 'Nt 'JI:J tv-�innr�r trunn F"X HU. ear. 19 308O 10:48A°9 7: 111 $OOd iD C as fbGaiYeti,nomal Weal tti tur amaptri Loseft gun bmadahm� ' be Aodruataed�����e+aorimr vrail0s� , by 14= Lem s alia ha mod doe > r ed1 to 6 b j,such as �UPW lam tad ihtubbt y,tvltich would othww1b bo ragtime sob. by LMW. Lewbr, i& to or swur*4 9• aotd 9tawtta, Loin�ooa>D1y�a�tx�tet, o A94 MVAMZCMA Of IS=M*Lpd state andhd=d krthW sew ism ar TA943h M'V hcwAar be It Sbma, pamming to the pros osustonad by or aBmdrg the um tbffva byLesm 'F IQ- Via, h&app4"02W tid.Deeategi W for abasmm Ale dale ca. t6 draedead pry&boil ba ct%da in tya ata:a ofLwcc Qdy,and Laz�:v W k aok� n"a for utaity . AN{bay bjaos+a&a,iadudin;Use t'or oewW,pA,wstsr, alaatioity,Md WePhooa myiM tad 1 lad uaA sa�gWoa. 21. 1lstrq sa d 1upeaedon. Imm 3640 pvzit law-or Lestor`s Apt to =W vpOc►tbo pt+c at i�aa>r1e tn�.�od Itpaae tJM nt�cq br tbo p �' tlfa tit, mtd wil panzil .00aor ai try Um phis&V(p)jqa prior to the • of fts b.PO apoa Ib2 prmisn any usual-10 Let"or.'TW Lew" 4m,td pmrA WOOM 4WAMS to loan UW Ur"to Ia&poct tm, yrOW Ms elm"Aar. iZ. peos¢a&bu, Itl. ar.�t tmaLio to aoawa p�wseioa et�e u ebe . cv=mqGmW hagg t aeear atraR Aot be liabda for am du o masod dls�eby,a"BW this Wan be'Wald or v*�dglt,but Lt�aeo shall cm be ILble.lOr spy tut unj ro es is ddit� Leeaa msr ttetz>�a3q&tale loeem it poas�eazoa is rat:ojtrarad�'t�S dot Og tN OOMMUMC ofte lean haraof I3. tt orLaaeor. Lem,shig not bo'LU6 Jbf UW chap or iy ay to L4004,W oaay othw goxsars"to 4W vvwry,°=,Jai m flea da-im purtm or My pw dxWL ad Gpot Wm,A hold L+aaor ham ieaa km say cWv 14. Nwaiet. If%It psi Of aay port tr of mr.efto tbrtin, et Lay ot:m part arthe build q ntuuatialty AMM&S Leasad'o use cNo prmsdeoe,Bali ba &seem by eft dorms tt io laox&`sell tat jrgs on the fate+visa:,*i er vwU pwvmrt to tJ tttld ng The ram,aad icy a"iacai rsat,shad ba sj;w%i W ae as ib*tea &&tvv r daft+,aad&M rMI ptid:br W WW Bed$9 data ts:V:l*a t POW to Lei, Lo m Ad aot be mmiW za aay pare ci the sward for su!alma of any psgm=in ilea � 3 hereof; in u good conditior as mceiyed, aormsl wear and tear excepted. Lessee shall he iwponsible for&B repairs ra5u:r4 emcepting the rout~ exterior wale&,and Mottn-4 foa.-rdatiozu,which shaIl be maiztaiacsi�-I.essnr. L�cc ah.11 also rialataIa i�goad condition the property adjacent to the buildiass, such as s de Ailks,driveways, parking areas, asphalt paveanen:, lawns and shrubbery, which would oihcrM3a be requi..*to be zraintwned by Lessor. S. Alterations. Lessee shy$not,without fine o:7tainuig the wrttezr 0=siernt of - Lcmor, mako asiy etrumm%l-skeeitions, or M 7 4 in, to or about the 9. Ordinances and Statutes. Lessee 60 compiyxiLi aU statutes, ordinances and requirements ofaJ1 MunIdpal,state and lbdeial aL4oritics now in faro or whL:t may hereafter be in force,pertaining to the premises, occasioned by c:a6cct4 the use thereof by Lessee. 10, Ut Utica, All applications and cvnnectionS for 3ecessaty utility services on the demixd premises shall be made In the Warne ofL=cc oily,and Lemea&hall be solely liable for utility charges as trey became due, including thaw for xwe<, gam,water, elactr c!ty, send telephor:e serviom and garbage and trash ooll.mon. • 11. Entry and Iztspection, Lessee shall p&rzit Lessor or'essor's agent to antes upon t-,,x preraisas at rcaxenable times and upon reasonable notice,for the purpose of inspecting the sane,ad wM par=it Lessor a:any time Rithk si=(60)days prior to the expiration of this lease,to plane upon the 7,etniscs ary, usul'"To Let" or"ForLaId' signs, and permit persons desiring to Itue the saran to lasses:the pre:nixs thereafter, 12. ]Possession. if Lessoriaunablo to dsi'ivtisrr poasauoa of the prrrrises az the commer,=cnt hereo;Lessor&hall not be lin:7lc for ary damage,caused thereby, nor shall this lease be void or voidable,but Les shalt not be liable for=y rent un:1-9 msslon is deliver9d, Lessee may ttrrminate this tease If poss4sion c not delivered within S days of ire commencement of the Ierne hereof. 0. Indemnification of Lessor, Lessor shall not be liabIx for eery damage or 4t2y to Lessee, or try ether person or to Ltyy property, oavmng va the demised premim or Lny part theme and kssec agm to hold lessor hornless from any claims for daraqu,no matter brow caused 14. Eaziaent Domain. If:he presszi;,es or&ny pint;hereof or any estate thcrcir. or_any other part of the buJIdiag rustcriaN. affecting Lessee's use ofthe premises, shall be takers by err b=t do-=4 this IWO sisal[ter=Jr=e on titre dz:v whir;tide vesu pursaazt to such ukng. The sass,aid asp additional rent, shall 5e ap•,:antiontd as of the toraiination date, and say rasa paid for any period beyond than date slut'[be repaid to Lome, Losm &.hall not be eatrtl-,3 to any part of the award for such tal:ng or any payment in heu 3 inn j �rfio:-anca �� ti�a i 1^%^�r►u7� :Hfl� r' ;h' '}�a nn-�i-gat: • 16.6 In addition to any other remedies provided by law, &e following remedies are available to Lesser at his optioa aad'nsy be ttpplled curn%J'ativrcy or individually in;he cv tit Lessee ebtmdcw srVocr vacatea the premises; 16.7 ?'erminate thi,Lein,in ;tick everts Lessee shall immediately surrender'he dent W premm tea,perm=to;he Florida Srnutes. In this case.,Lessee shall pay to _ r„ basso,all sums due as of the dare of twminatian, Lessee hereby waives any rights or redemption Lessee may have in the demised premises; 16.9 Ra-eater and Woe posseesion of the demised premises holding the same for the accovra of Lessee, in which case,the aitirs amount of Base Rem for the rerraining term of thls lease, plus other chargta enum=ted in this lease for the remainder of the za m, wy oosts ofreletting imkding rehabili:ution and brokerage costs, shall be paid in quarter`armnal installs n for the res Wader of this lease reduced by Bay amourn received from the relatting of the . Lessor s,:lall use its best efforts in rolettlag the premises and aging the duwgesr Lessee hereby waivu any claim Lessee may have to rat obtsined In relating in excess of that required tc be paid by Lessee, Acceptance of surrender shall be by Written notice only and this ecccptanca of keys or dianging of the locks shall not be deemed as acceptance of surrender of the demised premixs; • 16.9 WithoA, prejudice w any present or fixture right of pcsseaaior,bring any action in law or in egttity to collea reins sad other chnrgcs due,for general or spacial damages,to re&m any violation of any tm7n,prmyi3ion or coy=M of this loaso andlor to foreclose or protect any saxzity latetest or lien arising out of clis lewc, a separate agreemeM betwm the pardw xvoring property within the d=!.-,ed premises, opmIjon of law, or by==a; ,16.10 Delinquent rent shall bear iata= it the hi0est rate permitted by tote usury IM of tho State of Florida; 17. AbandonmenL If Lessee shall abandca or vacate said prep ices bsfbra:he end of the term of t1ls lose,or shall stiffer the ram w be in aaears, Lessor may, in his option, camel this lease, hereof, or Lessor may enter said premises as the agent of I.casoe, by fbrrce or otherwise,without beiry liable in any'way therefor, and relet the prr:r isas with or 4vWmt any Am irare or equtprnent that may be there as the Agent of Lessee, it such price upon such t m= sad for such d=ticn of one as Lessor rt�ty detwnine, and receive rho taut tyecefor, alyirtg the came to the paytncrrt of the:ea:due by these greserq, and if;he=Ti!='herein provided shall not be reaized by Leaser CV Cr and 2bovc the expenses ofLessor is such rcletdng,Lenses shall pay any ce&ienry• 18. Assignment of(iattels. Lessee hereby pkd;ies and assigns to Lessor aE tt:e fu nitu e, BrnZres, goods and chattels of Lessee whLc:t shall or may be brought or put on said pr . ises as security for the payment ofsaid rru and Le33ee a,cess ttiat said lief nay be esttbrced by distras,foreclosure or othcwiae, at tr;e ele�on of 7.easaz. It is 5 nn •I II.LV 1/\L1*I1 •ryl• 111r r r_n-r� r.•.". r n r � .. . .. . • .. .• J undesrtooC and apmd that rmy mwehandise,fixtures,trsicse or ecl4ment kft in the premises when Lessee`zcates shad be domed to have boo abaadoned by Lcssce nod by such abwkoamam Lome automatically rtBaquithv any right or interrst therein. Lessor is atzthmjzi od to sell,dispose of of.destvy same after notifying the Lessee by aerdN4 mail seat to the business address of the Lessee or the last lawwn'address of Lessee. - 19. N"Onal Prop". All persanal proDertypluod is or ronwVed from. t.`se premises above dmcribed ah&U be at the risk of Lessee or the owner themo4 snd Lausor shall not be liable to Lessen for any daatages to said pe=sonal propery, 20. Slgm,Awmingss. Subject to Lessors approval which will not be=easonably withheid,sad provided the Luce obtains necessary govorameatal approvals, the Lessee shall be pmnitted to install.4ju advertising its business. 21. J('=L It is unz!mtcod W agreed between to parties hereto that time is the easenoe of all of the terms and provision of this lease. 22. Surrender Premises. Lessee agrees to surrender to Lessor at tFe end of the tam of this lease and jpen day ovumht9on of this lease, said leased pnmis®s in as good condition and apped uet as said premises wore at the begtming of the term o'tlis least, ordinary wear and tear, and damage by fire and wiadnorm or other acts of Gvc, excepted. Leasers agree thsiti, ifJAssm does not surrender to Lesser,at the end of the term of this lease, or upon any =mllatioa of the tees of this lease, slid leased premises, then Luse wit pay to Lessor all damages tat Lessor may Buffer on account of Lessee's failure trw so surrender to Looser possession of said leased practises,and will ind=Wt End sava Letso:- harmless from and sgai::st all claims made by arW sucaediug tartan of said promises against Lessor on account a delay ofLeucr is dellvwing possession of said prcraises to said suomt,4-I g tenant so far as such delay Is occasioned by Mure of Lessee to so surrender said prs:nises. 23. Other Taus and Rclmase. Leaste than be responsible for tlw payment of all taxer and expenses which arise or are attrlutable to the operation of its bu", s. 'l;'hose include bus are not mmitod to=Sole persmal property taxes. 24. Attorneys Fees. la cast suit should be brought for recovery of tm prarnim, or for any r za dLe hereu13er, or because of Lnv act which may wise out of the posswsivn of the prorrises,by either?arty, the prcvtiling party shall be eDtit?ed all casts interred in corlioation wtth anch action, incli&.g a rc ww-tle attemey'e fees. 25. Notices. Azy nod:c which either party rra�;or is requi-ed to eyr, snail be given by mailing the same by certified mail,posta,gc prepaid, to LCSS48 at the Mennises, or Lauer at the add=shown below or at such other piaces as may be designated by,,'w trdes from ti.-no to time. I fl 'J 7^i OC7Ci f)0 'nil VL J y 1'ir 1^ttnr�n 1I!.nn L -r !Ir . nn :t r 25, He1rs,Assigns, Successors. Ttris lease is binE4 upo:t and inures to the ber efst of the heirs,as6im and successors in interest to the parties 27. Subordination. This le4e is and shall be subordinate to ell®xlarng and SLture liens and eacumbraaeas tgaiak 0.0 Property- - ' .• 2g. Paint Booth. As pant of the leased premises, the Losses vAJ have the use of the paint booth on the pre=ises. Lessee understands that Lessor and hie son have agreements to do pai3ting for the allowing busintsses: 1. Signature,2. Hudson Gtneral and 3. Aircraft Services. IfLemec'should Ontirce to do work for these companties, it gill pay the'Letsor a;bYor his son,Jeremlah J.YWY III a commission of 1 C,0?0 of the$rose mouse of the contracza for work actually dent. Tn addition,if Lessee accepts new ccst9mers and caetracts refarred by Lessor or Jermniab 1. Kelly III, Lessee wrTl pay a 10°l0 comaission on ail additional work'referled by Lessor. The painriz g llc=m and Ikenses a operate the paint booth will at all times during the leers term remain in the name of Jeremiah J, Kelly III aad/of his ca:rpsny. Leisce�vi'1 operate ucda�those>icenses; however, lessoe will be respon0le for payment of the fCccrae,loos The commission agrecm t v+ill torminau.at the end of the lease. 29, option to Pumbase. the Lessee is hereby graded tts option to pw-chase the property at any time during the last two(2)years of the 5 year lseee te:m;provided, howsvcr,that Lessee has made 4 of his lease payments;lessee is not tt the time of exor:ise of the option in default of its lease, and has otherwise performed its - mspoash 1tes under toe two of N le0e, The option to purchase wr.0 be on the following tams: A. Purc me pica 2.2 Millon lon(U.S. dotan); B. Down payment of$500,000.0C; C, nt:rchaser will hold a mortgage and rote for:the balazcc of the p=htse prio a In tht arm=of 1.7 million dollar The mortgage cad naio will have an intcest rate of 10.73%per anuxn; The none and mortp p wM not be assumable and will be dLe sad payable upon t:snsfer,sale or nssit of the propcny. The payments on the note and mortgage will be i tmst only and wT be paid monthly. The principal balance of the n,ate Ud _ mortgage plus a=ued interest,if any,will be due and payable ater sixty(50)months. The;fete seed mcngnge will bo p;tpayable in w'nole or in Far, at any time wimout pena:ty. E. LsLcssee does not ezercist his option-o purchase try tho cnd of - - ----' -' •••• �• .��-.min .••Tn '1tn1 n i• 1lI 1 !;n 0.• _VJL' live(S)year lease term,the option to purchase will expire upon tba texmiastior of the feces. 30. Uses o0remism Lcstee expects to conduct the following businesson the - •- property: 1. Airc-sfi parts storaga/smre of eg4mc3t related to Aircraft AndMachirse shop; 2. Maohiu Shop tDr rnenu&cture of parts; 3. Aircraft repairs and storage of aircraft; 4. Pttlnting ofparu of'urcra$and tnctal wings, etc.; S. Office space for office personnel; 6. RetzllXwiesale ofaircre,;tiv% 7. Any other busineseas allowed by zo-un& 31, Govnmz&ntsl Approvak ,In the mat:,esice is ratable to obtain licensing to opmzte its businm on the property due to the meal of govatnrteatal authorises to issue him permits,the lessee may cancel this ieate. The Lessee understands the zoning is M-3 which allows both eosrunercial and medium industrial uses W z1 uses contained thereirt 32. Tourer. The tower on the property is not pert of this ieas0. The Lessor will be enrt:led to the recta and prefu fora the use of Lhe tower. If Lessee cxerciscs the option to purchase,Lessor will relinquish-ights to the tower,v,,+ich wail become pan of the sale. 33. Penanal?ropsrt7T.aelnded in Sala the schedule of personal p;optrty which v4 be tncluded in the said of the property is tvatchcd u Exhrtit A. 34. E=istdng Paint Booth. The Lessee. have d c option t purchase the .®tstlrtg inventory in the paint booth at t.price to 1,.,a:,:eta jpcn be w-e--:the Lessor and Lessee, 35. Sublease. Tho Lessee car:s-ibiease the=pcly. a •.n r -1 L.Y'70L no .^tI lRJ 1 I^./'.•17.r.nr9r1 unl�n eel. 36. Entire Agreement, The f'oregoinng constitutes the ewire tVeesaent betwm t!A Patin uW may`,be mocifted only by A writing siped by both pattia. Tho Mowing F,.xMib, if any, bave been made r part of this lease bcfore the patties' a muton bereof Sipcd this dat of ) 2000, emish • a 22L Ddrothy A Kelly,Les We dwic c Avi4onDistributors,]na• :daloA. Presided L see Broward County Property Appraiser's Network Page 1 of 1 LORI PARRISN y � IMPORTANT: If you are looking to purchase this property,the tax amount shown may have no •�.COUNTY ' relationship to the taxes you will pay. Please use our Tax Estimator to determine a more likely estimate of your new amount. z ffA VIC plqln Site Address 4160 RAVENSWOOD ROAD , DANIA ID# 5042 28 010100 Property Owner KELLY,JEREMIAH J & DOROTHY M Millage 0443 Mailing Address 2490 SW 32 ST FT LAUDERDALE FL 33312 Use 27 Legal REED LAND CO SUB 2-32 D 28-50-42 LOT 12 LESS N 400 W OF SAF R/W& LESS 25 Description STRIP ADJOINING RR ON W&LESS PT DESC IN PAR 102 OF CA 85-6779 FOR R/W& LESS PT DESC IN PARCEL 232 OF CA 86-32000 FOR R/W BLK 2 Property Assessment Values Year Land Building Land Value AG Total Tax Current $917,890 $926,720 $ 1,844,610 2004 $917,890 $926,720 $1,844,610 $47,829.60 2003 $768,470 $901,730 $ 1,670,200 $44,400.76 Save Our Exemptions Home Value Type Widow(er)'s/Veteran's/Disability Homestead Non-Exempt $ 1,844,610 Sales History Land Calculations • Date Type Price Book Page Price Factor Type 10/89 W $875,000 17028 359 $10.75 85,385 SF 08/88 W $ 1,000,000 08/86 SW $ 1,250,000 11/83 W $750,000 09/81 W $990,000 Adj. Bldg. S.F. 15808 Special Assessments Fire Garbage Light Drainage Improvement Safe 04 D S C DS 15,808 17.80 Phase Note:Assessed vaiues shown arr;NOT certified valuas and ors suh;ect to change before final certification;or ad valorem tax purposes. http://www.bcpa.net/Includes/Inc_Reclnfo.cfm'?URL_Follo=504228010100 3/1/2005 W U) VLn OZZZ \J I- 0V `i 1 Lli U < Q W (L Z O ; p � _ C0 F- �, �� z woo W • m W w p N ui w Q U- w 0 m Cn 0 ® c as C • >c y C C c C p ° Ln Q n m m m Ll CA r+ y c Y -..� V T O V 0 1 0 Q Cl) W J (jJ v %+.o Q LL m ? o03 a ® p Q O r, u j w 0 cl U 211Z U s s tJ C to p S S! Q a c `„ • I � c 0 co 3 u `q E CI t'l i.0 3 n f�7 O W W 2" lil m'� 7- w x f''1 Z p U i n1L O O1 rl7a � w U J 2oc J O lL Z tll 2 m` r !� Z O W F- `I o a ¢ 3 cr U Q li . 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Co.pyriglif,2003 hrovvard County Pr,;pearty Appraisef http://66.55.51.198/bcpa_asp/map print.asp?folio=504228010100&folionum=&minX=92... 3/15/2005 Map Page 1 of 1 LORI FAR TS n� BARD COUNTY 3 S n At r� a � 1 + >1 t a -m z ` � { n OF € k �� il, �: i a��a �^'_ �Y"'-i ,d �,ale, _ x ��� • ��:"., J J Kelly 200`2 Created on 3/15r:2005 3:33:44 P10,using ArclMS 4.0......,C pyrighi 2003 biovvaid(.oi,r t Property Appraises http://66.55.51.198/bcpa_asp/map_print.asp?folio=504228010100&folionum=&minX=92... 3/15/2005 Map Page 1 of 1 ORI PARRJSH R #WARD ® COUNTY ` . <: g gi W. r P k ,�v W. n c a ry '>� E gh • <Z f `y r J J Kell 2 1 Created on 3M5,2005 3:34:30 PM using,ArciM,S 4.0.1.:,t;;py yi l 2003 f3rowa!d C;ur;'y Prc.;pe;ly Appraiser http://66.55.51.198/bcpa_asp/map_print.asp?folio=504228010100&folionum=&minX=92... 3/15/2005 Map Page 1 of 1 BR AR D3 + - COUNTY Q ritl Y`4', 4-7 2, 000 F k. } r ` ' 4-� y �r a Created on 3l1 5;2005 3:35::31 PM wing ArciMS 4.0.1,A Copyr:ghi 20;)3 BroEia:'d County Property Appraiser http://66.55.51.198/bcpa_asp/map print.asp?folio=504228010100&folionum=&minX=92... 3/15/2005 Map Page 1 of 1 LORI PARRISH B ,"W RDCOUNTY A 0` t�.e d � x .. a x II 1 999 1 Created on 3/15,2005 3:37:I3 PM using Arc!MS 4.0-..;: C;:;yrig h 'r.003 Bro:va d C,, lrty Property Appraiser http://66.55.51.198/bcpa_asp/map print.asp?folio=504228010100&folionum=&minX=92... 3/15/2005 Map Page 1 of 1 LORI PA/R/RI a x� c f.. k �r rk SH RD CQUNfY J e I 1 zi&8 Created on 31 15;2005 3:37:39 PM using Arc!MS 4.0.1.:Q(;opy rig hl 2O)3 Brovvard(;;aunty Property Appraise, http://66.55.51.198/bcpa_asp/map_print.asp?folio=504228010100&folionum=&minX=92... 3/15/2005 nrrt U9 GUUS 4; 02PM HP LASERJET 3200 This instrument prepared by; r E VIE IV E D Thomas Ambro, IN. i , n n , , .,,. City Attorney for ` City of Dania Beach 100 West Dania Beach Blvd, Dania Beach,FL 33004 SPACE ABOVE THIS UNE FOR PK0CES$LN0 .DATA SPACE ABOVE THIS UNE FOR PR.00ESSINO DATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenants") made on C�, 2005 by with it post office ("Ownee.). shall be sad are for the benefit of THE CITX 0 DANIA BEACH, a political subdivision of the State of Florida, with a post*Met address at 100 West Dania Beach Boulevard,Dania Beach, FL 33004("City") WHEREAS, the Owner is the fee simple owner of the property more particularly described in Exhibit A( Property'); and WHEREAS, the Owner has received approval of an appeal, pursuant to Resolution No, 2005-M. adopted by the City Commission on March 27, 2005, which authorizes Owner to continue to allow "bus" related business use of the property, as a legal Mons-eonforrruing use, subject to certain reddoilona end conditions;and WHEREAS, the Owner agrees to grant these Covenants m the City in order to place certain restrictions upon the Property in connection with the approval of the appeal; NOW, THEREFORE, In consideration of the promises and covenants contained in these Covenants, Owner declares that the Property shall be owned, bold, used and occupied subject to the covenants, restrictions and regulations set forth below, all of which shall run with the Property and any part of it and which shall be binding upon all parties and successors in interest having any right, title or interest in the Property or any pan of It. I. R--citatimmt. The recitations set forth above are true and correct and are incorporated into these Covenants by this reference. 2. Restrictions and Conditions of Preeeeiv Use, Tho Property may be used to service, repair, maintain,sell, rent,lease,palm,park and store My-iLmornbled,fully-operational, and currently licensed buses, in addition to any we permitted under applicable zoning. Painting of only buses is permitted only within the spray paint booth and shall not take place in the open air, Fully-membled, fully-operathonal and currently licensed autornobilea, pick-up trucks, and limousines may be parked or stored on the Property in the open alt, but no such vehicles shall be I nrrc u4 duu5 4; 03PH HP LHSERJET 3200 P. S serviced, repaired, maintained, sold,rented, offered to be sold or rentsd, or painted anywhere on the site or within any building, structure or spray paint booth. No other type or kind of any other vehicle shall be serviced, repaired, maintained, sold, rented, offered to be sold or ranted,painted,perked or stored anywhere on the site, including within any building or struchm. No containers,trailers,tanks, supplies,or goods and materials of any kind, shall be serviced, repaired, maintained, sold,coned,offered for sale or rental,painted,parked or stored anywhere on the Property, iaehuding within any building or structure. 3, a.n as and Amendment to Covenants These Covenants shall be for the benefit of and shall run In favor of the City.These Covenants slump run with the land and aball be binding upon all parties taking title through the undersigned from the date thine Covenants am recorded in the Publie'Records of Broward County, Florida. 'these Covskamp may be amended or removed only by a written document of equal dignity approved in writing by the City. 4. Remedy for Breech. Any brawls, as determined by the City, of this Declaration shall justify and &How the City to apply to any court of law or *quit) having jurisdiction for an injunction or other proper relief, and if such relief be granted, the court may, in its discretion, award to the City in any such action, the reasonable expenses in prosecuting the suit, including reasonable attomeys' fees and legal cosh. S. No Waiver of Breach In the event of any breach of any provisions of these Covenants, any delay or failure on the part of the City to exercise any rights,powers or remedies provided in this document shall not be construed sa a waiver of them or acquiescence in them. 6. Amenduserb. These Covenants shall not be modified amended or released as to all or any portion of the Property except by written instsoment, mxecuted by Owner of the property and approved in writing by the City. Any amendment, modification or release of these Covenants shell be recorded in the Public Records of Broword County, Florda at Owner's expense. 7. Reeordirm of persons Bound. These Covenants shall be recorded in the Public Recerda of Broward County for the sole benefit of the City and shall bind Owner and all heirs, successors and assigns to the title of the Property. This doeumem shall be recorded by the City at owner'a expense. S. Effective Date. This Decimation of Restrictive Covenants shall become effective upon the date it is recorded in the publio Records. 9. options. Headings and Titles. Articles, paragraph captions, headings and titles inserted througbott these Covenants are intended as a mramer of convenience only and in no way shall such captions,headings or titles define, limit or in arty way affect the subject matter or any of the terms and provisions of these Covenants. 2 �nacrc�cI JeUU p. 6 10. Context• Wheaever the context requires or admits, my pronoun used in these Covenants may be deemed to mean the corresponding masculine, feminine or neuter form and the singular form of any nouns or pronouns may be deemed to mean the corresponding plural form and vice verse. 11. Annlicable Lim and Venue, These Covenants shall be interpreted and construed in accordance with ad governed by the laws of the State of Florida Venue for litigation concerning these Covenants shall be in Browerd County,Florida IN WnNESS OF THE FOREGOING,the Owner has executed this Declaration of Restrktive Covenants on the data first above written. OWNER: WITNESSE By: ld1� 170W)Ae� ,n ignature Print Name: (ar`i Print Name: fE�r'GN//q�� ill fY Signature Si ature PrlatNarne: ?�vrPl Mc--704�5 PriatName: DOR01'4y M- KEr-L-y (SEAL) 1 .1005 jt �.te.� 7f, ,ol� RWW aarlaa ur�K PuaLic. ay CalnYadm DD3e4909 r Ervin u"18,200a 3 cuuo Y:uorn HP LHSERJET 3200 P ACKNOWLEDGENMNT STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I CERTIFY that on this day,before me, an officer duly wthorimd in the State and in the County aforesaid to take acknowledgmeab, the foregoing instrument was acknowledged before me by Se MS u , the Owner`'of the Property identified above, who is1 a oWly known to ms = (or produced as identification). WITNESS my hand official seal in the County and State last aforesaid on 200_ My commission expires: Notary Public { j 003300 is.Zaoe 4 HPR 04 2005 4 , 06Pr, HP LASERJET 3200 P. e EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY A tract of land situate, lying, and being in Broward County, Florida more particularly described as follows: Lot 12, less the North 400 feet thereof, Block 2 of Section 28, Township 50 South, Range 42 East, West of the Seaboard Coast Line Railroad according to the Plant of Sections 28, 29, 31 & 32, Township 50 South, Range 42 East, Plat Book 2, Page 32 of the Public Records of Dade County, Florida otherwise known as 4160 Ravenswood Road, Ft. Lauderdale, Florida; LESS that portion commencing at the Southwest corner of the Northwest %. of Section 28, Township 50 South, Range 42 East, thence North 87' 50' 34" East 570.19 feet along the South line of said Northwest % to the POINT OF BEGINNING; then continue along said South line North 87° 50' 34" East 4.08 feet to the Westerly right of way line for the Seaboard Coast Line Railroad; thence along said right of way line North 14' 52' 52" West 276.02 feet; thence South 87° 59'15" West 51.82 feet to the Beginning of a carve concave Westerly having a radius of 3834.19 feet; thence from a tangent bearing of South 260 16'18" East run Southerly along said curve 290.49 feet through a central angle 04' 20' 27" to the end of said curve and the POINT OF BEGINNING, and; LESS that portion commencing at the Southwest corner of the Northwest %, of Section 28, Township 50 South, Range 42 East; then along the South line of said Northwest 'h, North 870 50'34" East 20 feet to the POINT OF BEGINNING; thence continue along said South line North 871 50'34" East 550.19 feet to the beginning of a non-tangent curve to the left having a radius 3834.19 feet; thence from a tangent bearing of North 21055'21" West run Northwesterly along said carve 158.90 feet through a central angle of 2° 22'28" to the end of said Curve; thencc South 68' 01 '16" West 132.58 feet, thence South 72° 58'40" West 98.14 feet; thence South 75°16"48" West 98.72 feet; thence South 82007'10" West 118.00 feet; thence North 67°50'55" West 48.47 feet; thence North 01*26'01" West 205.50 feet; thence South 87°59'15" West 15 feet to the Easterly existing Right of Way line of Ravenswood Road; thence along said Right of Way line South 01°26'01" East 270.50 feet to the POINT OF BEGINNING. nrm Un eUUM i: UbHM HP LHSERJET 3200 P, S , RESOLUTION NO.2005-048 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE ZONINO APPEAL REQUEST SUBMITTED BY JOSEP14 R. DAWSON, ESQUIRE,ON BEHALF OF JEREhIIAH J.KELLY.FOR PROPERTY LOCATED AT 4160 RAVENSWOOD ROAD.DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order,requ cn=t,decision or determination mode by an administrative official in the enforcement of that chapter,and WHEREAS,Joseph R.Dawson,Esquire,on behalf of Jeremiah J.Kelly,in connection with property generally located at 4160 Ravenswood Road,in Dania Beach,has requested it zoning appeal from the deeisioa of the Director of'Community Development, and seeks to establish that storage, Was, rental, leasing, and repair of braes are legal moo-conforming uses of the property at 4160 Ravenswood Road,for which a City occupational license may be issued; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEAM,FLORMA: $cdgg1. That that certain request dated March 9,2005(ZA•10.05)for an administrative appeal,a copy of which is attached and made a part of this Reeolutior as Exhibit"A",is approved, subject to the flowing conditions: a) The current property owner shall execute a Declastion of Restrictive Covenants,to be recorded by the City at the Owner's expense,which will address permissible and prohibited"bus"and motor-vebicle related rues of the property,such document io be approved by Dire and the City Attorney. tix City Community Developmenteter ty nr t_n5LXJL I 3200 b) Before any occupational license is issued by the City,the City Fire Marshal shall,if the City has jurisdiction,inspect and certify before use any spray patntiq booth or facilities which are or may be located on the property. eSe iam 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Seetioo 3. That dds Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2005. ANNE CASTRO MAYOR—COMMISSIONER ATTEST: ROLL CALL; COMMISS.IONERANTON-YES COMMISSIONER BERTINO—ABSENT LOUSE STILSON COMMISSIONERMCELYEA- YES CITY CLERK VICE-MAYOR NLURY-NO MAYOR CASTRO- YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASI.ANSBRO CITY ATTORNEY 2 "OLUTION e2005-041