§ 33-284.99.61. Industrial uses disclosure.

(A)

Definitions.

(1)

Affected land for the purpose of this section means: any parcel of land that is zoned Palmer Lake Metropolitan Urban Center (PLMUC).

(2)

Interest in real property means a nonleasehold, legal or equitable estate in land or any severable part thereof created by deed, contract, mortgage, easement, covenant, or other instrument.

(3)

Purchaser means a buyer, transferee, grantee, donee, or other party acquiring an interest in real property.

(4)

Real property transaction means the sale, grant, conveyance, mortgage, or transfer of an interest in real property.

(5)

Seller means a transferor, grantor, donor, or other party conveying an interest in real property.

(B)

Disclosure statement for real property transactions involving Affected land. The seller shall provide the purchaser with the following statement, which shall be set forth on a separate sheet of paper and shall be signed by the prospective purchaser prior to the execution of any other instrument committing the purchaser to acquire title to such real property or any other interest in any Affected land, as follows:

(1)

For all Affected land, the statement shall include the following language:

LAND INVOLVED IN THIS TRANSACTION IS ZONED PALMER LAKE METROPOLITAN URBAN CENTER (PLMUC).

INDUSTRIAL ACTIVITIES WHICH MAY BE LAWFULLY CONDUCTED WITHIN THIS AREA INCLUDE BUT MAY NOT BE LIMITED TO: OPERATION OF MACHINERY; ENGINE BUILDING AND REPAIR; MARINE VESSEL BUILDING AND REBUILDING; FOOD PROCESSING; PROCESSING OF FREIGHT INCLUDING PACKING, CRATING, WAREHOUSING, AND DISTRIBUTION/RECEIVING; TRACTOR AND TRUCK TRAFFIC; THE GENERATION OF NOISE, ODORS, DUST AND FUMES ASSOCIATED WITH THE CONDUCT OF THE FOREGOING ACTIVITIES. THESE ACTIVITIES MAY OCCUR AT ANY TIME THROUGH THE DAY OR NIGHT.

I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE FOREGOING STATEMENT.

_______       _______
Date       Signature of Purchaser

(C)

Acknowledgment of industrial uses disclosure statement on instrument of conveyance. It shall be the seller's responsibility that the following statement shall appear in a prominent location on the face of any instrument conveying title to or any other interest in Affected land. The seller shall record the notarized statement with the Clerk of the Court:

I HEREBY CERTIFY THAT I HAVE READ, UNDERSTAND AND HAVE SIGNED THE INDUSTRIAL USES DISCLOSURE STATEMENT FOR THE SALE OF OR OTHER TRANSACTION INVOLVING THIS PARCEL OF AFFECTED LAND AS REQUIRED BY SECTION 33-284.99.61, CODE OF MIAMI-DADE COUNTY, FLORIDA.

_______       _______
Date       Signature of Purchaser

(D)

Penalties. Any seller who violates any provision of this section, or fails to comply therewith, or with any lawful rule, regulation or written order promulgated under this section, shall be subject to the penalties, civil liability, attorney's fees and enforcement proceedings set forth in Sections 33-39 through 33-39.3, Code of Miami-Dade County, Florida, and to such other penalties, sanctions and proceedings as may be provided by law. Miami-Dade County shall not be held liable for any damages or claims resulting from the seller's failure to comply with provisions of this section.

(Ord. No. 13-43, § 7, 5-7-13)