HomeMy WebLinkAboutSEOPW-CRA-R-97-0003Mbr-kS-97 07221P SHAPO, FREEDMAN & FLETCHE (305) 358-0521 P.02
3/27/97
SEOPW/CPA
RESOLUTION NO.
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY ("Q")
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
DOCUMENTS FOR THE PURPOSE OF CONVEYING LAND,
LEGALLY DESCRIBED AS MIAMI ARENA SUBDIVISION,
TRACTS A, B, AND C OF MIAMI ARENA SUBDIVISION
(FOLIO NOS. 01-3137-025-0010, 01-3137-025-0020,
AND 01-3137-025-0030) AND ASSIGNING THE CRA'S
INTEREST IN THE MIAMI ARENA LAND LEASE
AGREEMENT TO THE CITY OF MIAMI ("CITY").
WHEREAS, pursuant to Resolution No. 95-268, the City
assigned its interest in the Miami Arena Land Lease Agreement (the
"Lease Agree "), between the City, The Miami Sports and
Exhibition Authority, and Decoma Miami Associates, Ltd., to the CRA;
and
WHEREAS, by Resolution No. 95-268, the City also
transferred by Warranty Deed to the CRA property legally described
as follows:
Tracts Al B and C of Miami Arena Subdivision, according to
the Plat thereof, as recorded in Plat Book 129 at Page 53,
of the Public Records of Dade County, Florida (the "Arena
j&ad") ; and
WHEREAS, the CRA's obligations with respect to the
redevelopment of the Arena Land, as described in the Interlocai
Agreement dated November 8, 1990, between the CRA and the City, and
I
j in Part III, Chapter 163, Florida Statutes, have been satisfied; and
WHEREAS, the CRA has agreed to reconvey the Arena Land to
the City for no consideration; and
SEOPW/CRA' 9 7 �- 3
• Mdr-id-97 07:21P SHAPO, FREEDMAN & FLETCHE (30S) 388-0821 P.03
WHEREAS, the CRA has agreed to re -assign the Lease
Agreement to the City for no consideration) and
WHEREAS, the general warranties in the Warranty Deed
recorded in Official Records Book 17054 at page 152, of the Public
Records of Dade County, shall be made special warranties with
respect to title.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
SECTION 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference thereto
and incorporated herein as if fully set forth in this Section.
SECTION 2. The Executive Director, is directed and
authorized to execute the following documents for the purpose of
i
j assigning the CRA's interest in the Lease Agreement to the City and
j conveying the Arena Land to the City:
1. Special Warranty peed
2. Owner's Affidavit
3. Assignment of Lease
4. Non -Foreign Affidavit
5. Such other documents as are reasonably necessary to
consummate the transactions approved by this Resolution,
1 as may be required by and in a form acceptable to the City
Attorney.
Documents 1 through 4 are attached to this Resolution as exhibits.
SECTION S. This Resolution shall become effective
immediately upon its adoption.
2 SEOPW/CR,9 7 -
Mar-"6-97 07:21P SHAPO, FREEDMAN & FLETCHE (305) 358-0521 P.04
PASSED AND ADOPTED this, 271- ay of 7March, 1997.
Rumberto Hernandez, Chatirman
Southeast Overtown/Park West
Community Redevelopment Agency
ATTEST.- 6
/Attu nj
Fwwwwo
Nwowalter or—.0253-man
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
Rolland &-=ight LLP
Legal Counsel
7025.000 032607 (18%261
3 SEOPW/CRA 9 7 - 3
THIS INSTRUMENT PREPARED BY:
PATRICIA KIMBALL FLETCHER, ESQUIRE
SHAPO, FREEDMAN & FL,ETCHER, P.A.
4750 First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131
NOTE TO CLERK. THIS DEED IS NOT SUBJECT
TO DOCUMENTARY STAMP TAX OR SURTAX BECAUSE
THE CONVEYANCE IS BETWEEN A MUNICIPALITY
AND A PUBLIC AGENCY OF SUCH MUNICIPALITY.
Grantee's Tax Identification No.
Property Appraiser's Folio Nos.: 01-3137-025-0010
01-3137-025-0020
01-3137-025-0030
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this _2,Z day of March , 1997, by and between
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("Grantor"), having an
address at 300 Biscayne Blvd. Way, Suite 400, Miami, Florida 33131, and THE CITY OF MIAMI, a municipal corporation
("Grantee") having a mailing address of 444 S.W. 2nd Avenue, Miami, Florida 33130.
WITNESSETH:
THAT Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good
and valuable consideration, to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby sell, grant
and convey to Grantee and Grantee's heirs, successors and assigns forever, the real property and rights and interests as set
forth below in the real property located and situate in the County of Dade and State of Florida, described as follows:
Tracts A, B and C of MIAMI ARENA SUBDIVISION, according to the plat thereof, as recorded in Plat
Book 129 at Page 53 of the Public Records of Dade County, Florida (the "Pr_ opgrty").
This conveyance is subject to the following:
1. Conditions, restrictions, and easements of record, though this reference is not intended to reimpose same;
provided that to Grantor's actual knowledge; (i) this conveyance shall not cause any violation of any of the
foregoing, (ii) as of the date hereof, there exist no violations of the foregoing; and (iii) none of the foregoing
prevent or restrict the use of the subject Property in accordance with the applicable zoning designations
thereof.
2. Applicable zoning ordinances, codes, rules and regulation; provided that to Grantor's actual knowledge, as
of the date hereof, there exist no violations of the foregoing.
3. The Property being taken by the Grantee "as is"; provided, however, that to Grantor's actual knowledge the
Property is in compliance with all applicable federal, state and local laws, rules and regulations applicable
to the Property, and that Grantor shall be responsible for all costs, damages and liabilities in connection with
any violation of any such federal, state or local laws, rules and regulations existing as of the date hereof,
which has arisen since the date that Grantor obtained title to the Property. Notwithstanding the foregoing,
Grantee shall be responsible for the remediation of any environmental contamination on the Property.
4. The Warranty Deed ("Warranty Deed") recorded in Official Records Book 17064 at Page 152 in the Public
Records of Dade County, Florida contained certain general warranties of title. Grantor hereby releases such
general warranties; provided, however, by acceptance of this deed, Grantee shall be deemed to have given
Grantor special warranties of title for matters arising during the period of time that Grantee held title to the
Property prior to conveying the same to Grantor. For the purposes of clarification, this is a deed of
reconveyance.
5. The Grantor, however, hereby disclaims any warranty or representation as to the physical condition of the
Property. The Grantor hereby warrants that it is empowered to convey the Property to Grantee and that it
has received all the proper resolutions and approvals required by all state and local laws and ordinances to
complete said conveyance.
6. The representations and warranties made by Grantor herein are made in reliance on, and shall be effective
only to the extent of the truth, accuracy and completeness of the representations made by Grantee to Grantor
in the Warranty Deed.
SEOPW/CRA 9 7 _ 3
The benefits and obligations hereunder shall inure to and be binding upon the heirs, executors, administrators,
successors and assigns of Grantee, and Grantor warrants title to all the premises hereby conveyed, and will defend same against
the lawful claims of all persons whomsoever claiming by, through and under the Grantor herein.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed on the day and year first
above written.
Print name: —
Et' ¬
ov�w�L2
i
Print name: s
STATE OF FLORIDA )
SS..
COUNTY OF DADE )
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
HERBERT J. 16acEy as Executive for
[CORP RATE SEAL]
The foregoing instrument was acknowledged before me this *.� day of March, , 1997 by HERBERT
J. BAILEY as Executive Director of SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY, who is personally known to me or has provided as identification, on behalf of the agency.
My commission expires:
+���•��� ELIZABETH A PEREZ
My CiOMMIesion CC311485
,y Q Expires Nov. 20, 1999
OF 114*
M25.009 032697 (19,23)
F: \W PDATA\ 1 S\D0G'\81904.I
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NOTARY P BLIC, State of Florida
t Large
Print name: t=--'--1 I , I-jL% 0,.
nopw Cm' 9 7 - 3
OWNER's AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared HERBERT J.
BAILEY who, upon being duly cautioned and sworn, deposes and states as follows:
1. Affiant is the Executive Director of SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY ("CA"), owner of the property (the "Pry")
legally described as follows:
Tracts A, B and C of MIAMI ARENA SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 129 at Page 53, of the Public Records of Dade County, Florida.
2. CRA has given no party possession of the Property.
3. Within the past ninety (90) days the CRA has made no improvements, alterations,
or repairs to the Property.
4. Neither the Affiant nor the CRA has received any notice of any proposed back
assessments from the Dade County Property Appraiser's or any bill for back assessments from
Tax Collector.
5. Affiant and the CRA are aware of the fact that the evidence of title to the Property
has been continued and that the public records have been searched to a date prior to the closing
of this transaction.
6. Affiant and the CRA are aware of the fact that the documents affecting title to the
Property, will not appear in the public records for a short period of time, thus creating a "GAP"
from the last examination of title.
7. Affiant is not aware, to the best of his knowledge, of any matters pending against
the CRA that could give rise to a lien which would attach to the Property between the last title
examination on February 7, 1997, and the recording of the documents giving rise to the lien being
insured.
8. Neither Affiant nor the CRA has and shall not execute any instrument that would
adversely affect the interest or lien being created by the delivery of the above -mentioned documents
or title to the Property.
9. This affidavit is made for the purpose of inducing COMMONWEALTH LAND
TITLE INSURANCE COMPANY through its agent SHAPO, FREEDMAN & FLETCHER,
P.A. to issue a policy of title insurance.
STATE OF FLORIDA)
) SS..
COUNTY OF DADE )
HERBERT F,-WAILEY, as ExecutirlDirector
of SOUTHEAST OVERTOWN/ ARK WEST
COMMUNITY REDEVELOPMENT
AGENCY
The foregoing instrument was acknowledged before me this .)7 ) day of
1997, by HERBERT J. BAILEY, as Executive Director of SOUTHEAST
t,SEPIM/C", 9 7 - 3
1
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, who is personally
known to me or who has produced as identification, on behalf of
the agency.
My commission )pAe t. "•
j ELIZABETH A PER NOTARY"PUBLIC, State of FloridW
.* My Cortxnirsbn CC6114e6
9� Expire+ Nov. 26, 1 M at Large
Print name:
7W.009 032M (M24)
FAW PDATMI N)OC.'IB 1931.1
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sEorw/cR9 9 7 - 3
PREPARED BY AND RETURN TO:
Patricia K. Fletcher, Esq.
SHAPO, FREEDMAN & FLETCHER, P.A.
4750 First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131
31"amp
This Assignment of Lease (this "Assignment") is made and entered into this _27 day of
March , 1997, by and between Southeast Overtown/Park West Community
Redevelopment Agency ("Assignor") and The City of Miami, a municipal corporation
("Assignee").
RECITALS
A. Assignor has this date conveyed unto Assignee that certain real property located in
Dade County, Florida which is more particularly described as follows (the "Pro gM"):
Tracts A, B, and C of Miami Arena Subdivision, according to the
Plat thereof, as recorded in Plat Book 129 at Page 53 of the Public
Records of Dade County, Florida.
B. In connection with the transfer of the Property, Assignor desires to assign and
transfer to Assignee the Land Lease Agreement pertaining to the Property (the "Lease"), together
with any portion of the security deposit, if any, transferred to the CRA, relating thereto and all
of the rents accruing under the Lease.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor
and Assignee hereby agree as follows:
1. The Recitals to this Assignment are true and correct and are hereby incorporated
by reference and made a part hereof.
2. Assignor does hereby assign, transfer, convey and set over unto Assignee all of
Assignor's right, title and interest in and to the Lease, together with the security deposit relating
thereto and all of the rents accruing under the Lease.
3. Assignee hereby accepts the Assignment of the Lease.
4. Assignee hereby agrees to indemnify, defend, and hold Assignor harmless from and
against any and all losses, damages, claims and demands with respect to actions taken by Assignee
with respect to the Lease, including, without limitation, all costs and expenses incurred by
Assignor in enforcing this indemnity provision.
SEOPW/CRA 9 7 -- 3
5. Assignor hereby agrees to indemnify, defend, and hold Assignee harmless from and
against any and all losses, damages, claims and demands with respect to actions taken by the CRA
with respect to the Lease, arising prior to the date hereof, including, without limitation, all costs
and expenses incurred by Assignee in enforcing this indemnity provision.
IN WITNESS THEREOF, the undersigned has executed this Assignment effective as of
the day and year first above written.
Signed, sealed and delivered
in the presence of.
Erdal Donmez
[Typed Name of Witness]
Sandra W. Joice
[Typed Name of Witness]
[Typed Name of Witness]
[Typed Name of Witness]
Attest:
Walter J. Foeman, City Clerk
Approved as to Form and Correctness:
A. Quinn Jones, III
City Attorney
STATE OF FLORIDA )
)SS.
COUNTY OF DADE )
Assignor:
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
�=fir_. 1-..
e ert J. Bai , as /
Executive Director
Assignee:
THE CITY OF MIAMI, a municipal
corporation
EDWARD MARQUEZ, City Manager
The foregoing instrument was acknowledged before me this, --LL— day of I ; -'h i,_(_ t 1. ,
1997, by Herbert J. Bailey, as Executive Director of SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, who is personally known to m_ a or has provided,
as identification on behalf of the agency.
o',.er )-&�r
' �� ELIZAMTH A PEREZ
My Commission Ex My Commission CC511485
r� ExPires Nov. 28, 1 M
�rf Of f1.0�\O
2
NOTARY PUBLIC, State of Florida
aE Large
[Name of Notary Printed]
SEOPW/cRA 9 7 _ 3
STATE OF FLORIDA
)SS.
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of ,
1997, by EDWARD MARQUEZ, as City Manager and attested by WALTER J. FOEMAN, as
City Clerk of THE CITY OF MIAMI, who are personally known to me or have provided
as identification on behalf of the corporation.
NOTARY PUBLIC, State of Florida
at Large
My Commission Expires:
7075.009 072697 (19126)
FAWPDATAU SWO061966.1
3
[Name of Notary Printed]
SEOPW/CRA 9 7
3
NON -FOREIGN AFFIDAVIT
HERBERT J. BAILEY, as Executive Director of SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, (" Seller"), being
first duly sworn, deposes and says:
1. Seller is the owner of that property legally described as follows (the "ProWW"):
Tracts A, B and C of MIAMI ARENA SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 129 at Page 53, of the Public Records of Dade
County, Florida.
2. Seller has agreed to sell the Property to THE CITY OF MIAMI (hereinafter "Pur-
chaser").
3. This Affidavit is made for the purpose of complying with the requirements of Section
129 of the Tax Reform Act of 1984 and Internal Revenue Service Sections 603.9(c) and 1445
(hereinafter collectively referred to as the "Code"). The following checked paragraphs are
applicable:
,(x) (a) No withholding of any monies due Seller is required as Seller is exempt for
the following reasons:
W (1) Seller is a United States citizen or a domestic corporation, and not
a foreign corporation as defined by the Code. Seller' United States taxpayer I.D. number
is:
LX1 (2) If Seller is a United States domestic corporation, Seller hereby
certifies that the domestic corporation is not and never has been a United States real
property holding corporation.
(3) Seller has reached an agreement with the Internal Revenue Service
for the payment of any tax due, or Seller is exempt from such tax and herewith delivers
to Purchaser a qualifying statement. which Seller certifies as being true and correct.
(4) The Property being purchased is being purchased by Purchaser for
use as a residence, and the amount realized on the disposition of the sale to Seller does not
exceed Three Hundred Thousand and No/100 United States Dollars (US$300,000.00).
,( ), (5) The disposition or sale is of a share or shares of a class of stock that
is regularly traded on an established securities market.
(b) Seller is an offshore investor, or Seller is disposing of United States real
property interests that are subject to tax under the laws of the United States of America,
and Purchaser is hereby authorized to withhold and deduct an amount equal to ten percent
(10%) of the amount realized by Seller upon the disposition of the Property.
SEC:PW/CRA 9 7 - 3
4. Seller makes this Affidavit for the purpose of inducing the Purchaser to close on
the sale of the Property.
FURTHER AFFIANT SAYS NOT.
HERBERT J. "3AILEY, as Execu ' e
Director of SOUTHEAST
OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY
STATE OF FLORIDA )
SS..
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this �"i day of 11,1-x 1,c �
1997 by HERBERT J. BAILEY as Executive Director of SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, who is personally
known to me or has produced as identification, on behalf of the agency.
M commission e7 ELIZASETH A PEREZ
Y * My C-MW-sion CC511465
'¢ a Exphes Nov. 2a, 19S19
7M5.009 032697 (19:26)
FAWPDATMI ADO02193).1
2
NOTARY PUBLIC, State of Florid
at Large 1
Print name: L L.- 12 1 1' , t.: i (\
SEQPW/CRA. 5 7 — 3