HomeMy WebLinkAboutExhibit SUBTHIS INSTRUMENT PREPARED BY
CITY OF MIAMI CITY ATTORNEY'S OFFICE
MIAMI RIVERSIDE CENTER SUITE 945
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
Tax Folios # 01-3136-005-1160
# 01-3136-005-1110
Space Above This Line For Recording Data
CITY DEED
THIS DEED made this day of , 2006, between the
CITY OF MIAMI, a municipal corporation of the State of Florida, of 444 S.W. 2nd Avenue,
Miami, Florida 33130, (the "CITY"), of the first part, as grantor, and the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("Omni CRA") of
49 NW 5th Street, Suite 100, Miami, Florida 33128, of the second part, as grantee.
WITNESSETH:
That the CITY for and in consideration of the sum of One Dollar ($1.00) to it in
hand paid by the Omni CRA, receipt of which is hereby acknowledgedo has granted,
bargained and sold to the Omni CRA, its heirs and its assigns, subject to the right of
reentry set forward below, the land lying and being in Dade County, Florida:
As described in Exhibit "A" attached hereto and made a part hereof, and
hereinafter referred as the "Property".
This Deed conveys only the interests of the CITY in the Property described herein,
and shall not warrant title thereto.
This Deed is made and executed upon, and is subject to, the following conditions,
restrictions and covenants, which are part of the consideration for the Property conveyed
and are taken and construed as running with the land:
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1. Omni CRA agrees that immediately upon issuance of the City Deed, they
shall commence the asbestos removal process and repairs (hereinafter referred to as
"Rehabilitation Work") and shall continue diligently to completion, which shall be
completed no later than three (3) years from the date of the City Deed.
2. Omni CRA will work together with the City in order to obtain proposal(s) for
the future re -development of the Property, provided that, in any event, Omni CRA agrees
that said proposal period shall commence on the date of completion of the rehabilitation
work and shall be completed within two (2) years.
3. Omni CRA agrees that any future re -development will be subject to City
Commission approval before the Omni CRA can convey any interest in the property to a
third party;
4. The Omni CRA agrees that any future conveyance of interest of the Property
to a third party is subject to City Commission approval.
The restrictions, conditions and covenants set forth in Sections 1 through 4 of this
Deed shall be deemed covenants running with the land and shall be binding to the fullest
extent permitted by law and equity, and enforceable by, for the benefit and in favor of, the
CITY. The CITY shall have the right to exercise all the rights and remedies; and to
maintain any and all actions or suits at law or in equity, as it deems appropriate to enforce
the foregoing restrictions, conditions and covenants, or to cure any breach thereof.
In the event the Omni CRA violates or otherwise fails to comply with any of the
restrictions, conditions and covenants set forth in this Deed, the Omni CRA shall correct or
cure the default/violation within thirty (30) days of notification of the default by the CITY
(the "Cure Period"). If Omni CRA fails to remedy the default within the Cure Period, the
CITY shall have the right to reenter and take possession of the property or any portion of
the Property. It is the intent of this conveyance that it is made upon a condition
subsequent and, in the event of any default, failure or violation of any such condition which
is not cure within the Cure Period, the City Commission at its option may pass and adopt a
resolution declaring that the title and all the rights and interest of the Grantee in the
Property revert to the CITY.
The CITY grants all of such real property to the Omni CRA so long as the Omni
CRA is in existence and so long as there is a legally and validly organized successor entity.
If the Omni CRA is abolished or ceases to exist and there is no legally and validly
organized successor which shall have assumed all of the obligations of the Omni CRA, then
all of said real property shall automatically revert to the CITY, its successors and assigns.
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IN WITNESS WHEREOF, the CITY has caused this City Deed to be executed the
day and year first above written.
ATTEST
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE
STATE OF FLORIDA
PRISCILLA A. THOMPSON, PEDRO G. HERNANDEZ,
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND
WITNESS CORRECTNESS:
WITNESS JORGE L. FERNANDEZ,
STATE OF FLORIDA
) SS
COUNTY OF DADE
CITY ATTORNEY
The foregoing instrument was acknowledged before me this day of
, 2006 by Pedro G. Hernandez, as City Manager of CITY OF MIAMI, a
municipal corporation of the State of Florida, who is personally known to me or who has produced
as identification and who did/did not take an oath.
My Commission Expires:
Printed Name:
Notary Public
TH !S A SLE3STITUTiON
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EXHIBIT A
LEGAL DESCRIPTION:
Lot 7 and the North 20 feet of Lot 10, Block 16 and the South 40 feet of Lot 10 and Lot
11, Block 16 "NORTH MIAMI", according to the plat thereof, as recorded in Plat Book
"A", Page 49% of the Public Records of Miami -Dade County, Florida. Less the west 10
feet of Lot 7 and the westerly 10 feet of the northerly 20 feet of Lot 10, Block 16 of
"ROBBINS, GRAHAM AND CHILLINGSWORTH'S ADDITION" to the City of Miami,
Miami -Dade County, Florida.
PROPOSED LEGAL DESCRIPTION:
That part of Lots 7, 10 and 11 of Block 16 of "NORTH MIAMI", according to the plat
thereof, as recorded in Plat Book "A", Page 49% of the Public Records of Miami -Dade
County, Florida, more particularly described as follows:
Begin at the Northwest comer of Lot 7, Block 16 of "NORTH MIAMI", according to the
plat thereof, as recorded in Plat Book "A", Page 49% of the Public Records of Miami -
Dade County, Florida; thence run North 90°00'00" East for a distance of 90.00 feet to a
point on the West line of the 10 foot alley as shown on the aforementioned plat of
"NORTH MIAMI"; thence run South 00°31'30" West along the west line of the said 10
foot alley for a distance 179.50 feet (talc.) (180.24 feet - measured) to a point on a
circular curve concave to the northeast, said point bears South 6°15'52" West from the
center of said curve; thence run northwesterly along said curve, having for its elements
a central angle of 83°47'14" and a radius of 100.00 feet, for an arc distance of 146.24 to
a point on the west line of the said Stock 16; thence run North 00°31'30" East, along the
west line of the said Block 16, for a distance of 80,00 feet to the Point of Beginning.
Containing 0.3218 acres, more or less.; rct 1 a j 7 , 1. re 4e74
AGENDA ITEM: PH1
November 9th Commission Meeting
RECEIVED
2096 N0Y -3 Pt! 2: 35
PR1SCILL t.,',. THOMPSON
CITY CLERK
CITY OF MIAMI. FL
SUBJECT: Conveyance of City -owned properties located at
1401 and 1441 N. Miami Avenue to the CRA
This new City Deed will substitute the Deed that came with
your Agenda Package. Paragraphs 1 and 2 where changed
to read the same as the Resolution.
THIS INSTRUMENT PREPARED EY
C ' Y OF MIAMI CITY ATTORNEY'S OFFICE
MIA RIVERSIDE CENTER SUITE 945
444 S ND AVENUE
MIAMI, F'L RDA 33130-1910
Tax Folios 4 01-. 36-005-I 160
a 01.31 005-1110
THIS DEED made this
CITY OF MIAMI, a municipal corpora
Miami, Florida 33130, (the "CITY"), of
OVERTOWN/PARK WEST COMMUNITY
49 NW Sty, Street, Suite 100, Miami, Florida
Space Above This Lne Fo
Recording Data
CITY DEED
ay of
, 2006, between the
of the State of Florida, of 444 S.W, 2nd Avenue,
e first part, as grantor, and the SOUTHEAST
DEVELOPMENT AGENCY("Omni CRA") of
3, 28, of the second part, as gjantee.
WITNESSETH:
That the CITY for and in consideration of the su of One Dollar ($1.00) to it in
hand paid by the Omni CRA, receipt of which is hereby .cknowledged has granted,
bargained and sold to the Omni CRA, its heirs and its assig subject to the right of
reentry set forward below, the land lying and being in Dade County, lorida:
As described in Exhibit "A" attached hereto and made a part ' reof, and
hereinafter referred as the "Property".
This Deed conveys only the interests of the CITY in the Property describ herein,
and shall not warrant title thereto:
This Deed is made and executed upon, and is subject to, the following condition
restrictions and covenants, which are part of the consideration for the Property conveyed
and are taken and construed as running with the land:
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1. Omni C.RA shall commence promptly the rehabilitation of the building
to ': ted on the Property (the "Improvements") and shall continue diligently with the
rehi ilitation of the Improvements to completion: provided, that, in any event,
rehabi.: ation shall be completed no later than thirty-six (36) months from the date of this
Deed;
2. Omni CRA agrees that no later than three (3) years from the date of completion
of the Rehabili ion Work, the Omni CRA will work together with the City in order to obtain
proposal(s) for the ture re -development of the Property;
3. Omni C' : agrees that any future re -development will be subject to City
Commission approval be e the Omni CRA can convey any interest in the property to a
third party;
4. The Omni CRA agre that any future conveyance of interest of the Property
to a third party is subject to City Cam ission approval.
The restrictions, conditions and co v . Hants set forth in Sections 1 through 4 of this
Deed shall be deemed covenants running witthe land and shall be binding to the fullest
extent permitted by law and equity, and enforc :<hle by, for the benefit and in favor of, the
CITY. The CITY shall have the right to exerci . all the rights and remedies; and to
maintain any and all actions or suits at law or in eq y, as it deems appropriate to enforce
the foregoing restrictions, conditions and covenants, or cure any breach thereof
In the event the Omni CRA violates or otherwise f s to comply with any of the
restrictions, conditions and covenants set forth in this Deed, th Omni CRA shall correct or
cure the default/violation within thirty (30) days of notification a he default by the CITY
(the "Cure Period"). If Omni CRA fails to remedy the default withi ' the Cure Period, the
CITY shall have the right to reenter and take possession of the prope or any portion of
the Property. It is the intent of this conveyance that it is made . •on a condition
subsequent°and, in the event of any default, failure or violation of any such ndition which
is not cure within the Cure Period, the City Commission at its option may pas and adopt a
resolution declaring that the title and all the rights and interest of the Gra, tee in the
Property revert to the CITY.
The CITY grants all of such real property to the Omni CRA so long as the • ni
CRA is in existence and so long as there is a legally and validly organized successor enti
If the Omni CRA is abolished or ceases to exist and there is no legally and validly
organized successor which shall have assumed all of the obligations of the Omni CRA, then
all of said real property shall automatically revert to the CITY, its successors and assigns.
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N WITNESS WHEREOF, the CITY has caused this City Deed to be executed the
day and ar first above written.
ATTEST
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE
STATE OF FLORIDA
PRISCILLA A. THOMPSON, PEDRO G. HERNANDEZ,
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND
WITNESS CORRECTNESS:
WITNESS ORGE L. FERNANDEZ,
C Y ATTORNEY
STATE OF FLORIDA
COUNTY OF DADE
)
)SS
•
The foregoing instrument was acknowledged before this day of
,, 2006 by Pedro 0, Hernandez, as City Manager of CITY OF MIAMI, a
municipal corporation of the State of Florida, who is personally known to m or who has produced
as identification and who did/did not take an oath.
My Commission Expires:
Printed Name:
Notary Public
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