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HomeMy WebLinkAboutquit claim deedcFF. UJL 20315PG1691 THIS INSTRUMENT PREPARED BY WILLIAM R. BLOOM, ESQ. HOLLAND & KNIGHT LLP 701 BRICKELL AVENUE MIAMI, FLORIDA 33131 (Form DR 219) 0 2 R 2 i 199 1 2002 APR 05 12:50 DOCSTPDEE 0.60 SURTX 0.45 HARVEY RL'VIN, CLERK DADE COUNTY, FL Space Above This Line For Recording Data QUIT CLAIM DEED This Quit Claim Deed, made the 12.9' day of Hccr0%, 2002 between the OMNI COMMUNITY REDEVELOPMENT AGENCY, a body corporate and politic of the State of Florida, whose address is 300 South Biscayne Boulevard Way, Suite 430, Miami, Florida 33132, called "Grantor" and FINGER BISCAYNE LLC, a Flor da limited liability company, whose address is c/a 1k T=+u - ape%prluies 90 S ' 2O NTEWir hereinafter called "Grantee". V WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt of •which is hereby acknowledged, does hereby remise, release, convey and quit -claim unto the Grantee forever, all of its right, title and interest in that certain land situate in Miami- Dade County, Florida, to wit: See attached Exhibit "A" (the "Property") SUBJECT TO: A. Taxes and assessments. B. Current zoning regulations. C. Restriction, conditions, reverters and easements of record. IN ADDITION, this conveyance is subject to the following restrictions, conditions and reverter provisions which Grantee, by accepting this conveyance, acknowledges and agrees shall be binding on the Property: (1) The Property, together with the real property described on Exhibit "B" attached hereto and made a part hereof (the "Adjacent Property"), shall only be used for development of a mixed -use (for profit) residential project, with residential buildings of r 51/Pi 2O315PS1692 alternating heights, and containing a commercial component along Biscayne Boulevard, per plans on file with the City of Miami, Florida. (2) The residential component of any project or development on the Property and the Adjacent Property shall be limited to no more than 450 residential units. (3) The project or development on the Property and ra�ad djacent Property Miam be developed in accordance with plans on file, reviewedapproved by the City of Florida, Planning and Zoning Department. (4) The Grantee as a condition of the conveyance of the Property shall construct the portion of North Bayshore Drive required to connect the existing portion of North Bayshore Drive on the north to Northeast 19th Street on the south. Plans and specifications for the construction of this portion of North Bayshore Drive, including but not limited to, sidewalk, baywalk, curb and gutter, access to Margaret Pace Park, landscape and lighting (collectively, the "Street Improvements"), total cost of which Street Improvements shall be the sole responsibility of the Grantee, shall not be less than $355,410.00 and shall itfoe approved by the City Manager or designee prior to the issuance of any building Pe any development on this Property and the Adjacent Property. The construction of the e Street Improvements shall be completed and dedicated to the City of Miami, Florida, as public right-of-way prior to the issuance of a Certificate of Occupancy, temporary permanent, for any development on the Property and the Adjacent Property. • • (5) Grantee shall obtain design review and approval from the Director of the City of Miami, Florida, Department of Planning and Zoning before the issuance of any building permit for any development on this Property and the Adjacent Property. (6) Grantee shall release all legal right, title or interest in MargaretPace Park in favor of the City of Miami, Florida, before the issuance of any building permit development on the Property and the Adjacent Property. (7) Any development on the Property shall be subject to current zoning regulations, subdivision restrictions, plat restrictions and easements, if any, and taxes for the current year and subsequent years. This Deed conveys only the interests of the Grantor in the Property, and shall not warrant title thereto. TO HAVE AND TO HOLD, the same together with all and singular and e ntsthe hereditaments and appurtenances thereto belonging or in anywise appertaining, estate, right, title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or in equity, to the use, benefit and behalf of the Grantee forever, provided, however, that title shall revert to the City of Miami by operation of law in the event that construction of any development on this Property and the Adjacent Property does not commence within two years of October 25, 2001. Furthermore, title shall revert to the City of Miami inthe event any development does not conform to the plans on file, reviewed and approved City of Miami, Florida, Planning and Zoning Department. The foregoing time period within which to commence construction may be extended only by action of the Commission of the City of Miami, Florida. Commencement of construction shall be interpreted as the issuance 1).z-et° aid ,7 UFF. Nf.C.1[. 20315P6!693 of a building permit for construction of any project or development including the Property in its entirety. After a final Certificate of Occupancy is issued for the project located on the Property and the Adjacent Property, evidencing compliance with the restrictions and conditions set forth herein and upon written request of the Grantee, its successor or assign, the City of Miami shall execute a Release evidencing the satisfaction of the restriction and conditions of this conveyance and terminating the reverter rights in favor of the City of Miami as set forth in this paragraph. IN WITNESS WHEREOF, the Grantor has caused this Quit Claim Deed to be executed the clay and year first above written. WITNESSES: Print Name: ',Wye) C C*ru,Nr .Tip OMNI COMMUNITY REDEVELOPMENT AGENCY, Annette Lewis Interim Executive Director APPROVED AS TO FORM AND CORRECTNESS: R William R. Bloom, Esq. Holland & Knight LLP Special Counsel OFF NEC. IL 20315P616914 STATE OF FLORIDA ) ) SS COUNTY OF DADE ) 0,) The foregoing instrument was acknowledged before me this r-day of NI , 2002 by Annette Lewis as Interim Executive Director of the Omni Community Redevelopment Agency, a body corporate and politic of the State of Florida, on behalf of the Community Redevelopment Agency, who is personally known to me or who has produced .0,4,4 s 1-I r, as identification and who did/did not take an oath. Printed Name: AI N AA.2 S")A1 d Notary Public My Commission Expires: ,c) 5 a) 2 0 c, MIA] #1107649 v4 40'°:rou4%,RALPH R0SAS-BALAASSARI MY COMMISSION M DD049999 7t , EXPIRES: August 14, 2Uk 1.800.3 NOTARY FL Wry 9adfl4 Ifp