HomeMy WebLinkAboutExhibit 2This Instrument Prepared By
and Return To:
Ilene Temchin, Esq.
City of Miami
City Attorneys Office
444 S.W. 2" Avenue
Miami, Florida 33130-1910
PARTIAL RELEASE
OF
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, in 2003, Scattered Site Home Ownership, L.L.C, a Florida limited liability
company ("SSHO") acquired from the City of Miami, a municipal corporation of the State of
Florida (the "City") certain real property in the Little Haiti neighborhood of the City of Miami
for the construction of eighteen (18) single family homes to provide homeownership
opportunities to low income families and individuals; and
WHEREAS, in connection therewith, and by certain Mortgage and Security Agreements,
dated July 3, 2003 (collectively, the "Mortgages"), SSHO mortgaged unto the City an interest in
and to the premises therein particularly described; and
WHEREAS, in connection therewith, SSHO executed that certain Declaration of
Restrictive Covenants, dated July 3, 2003, and recorded in Official Records Book 21733, at Page
3345, of the Public Records of Miami -Dade County, Florida (the "Covenant"); and
WHEREAS, subsequently, title to a portion of the property encumbered by the Mortgages
and the Covenant reverted to the City; and
WHEREAS, title to the property described on Exhibit A hereto was conveyed to Habitat
for Humanity of Greater Miami, Inc. ("Habitat") by City Deed, dated June 18, 2003, recorded in
Official Records Book 21350, at Page 2741, by Quitclaim Deed dated March 8, 2005, recorded
in Official Records Book 23192, at Page 0366, and by Quit Claim Deeds, dated
recorded in Official Records Book , at Page , Official Records Book
, at Page , Official Records Book , at Page , Official
Records Book , at Page , Official Records Book , at Page
, Official Records Book , at Page , Official Records Book
, at Page , Official Records Book , at Page , and
Official Records Book , at Page , all of the Public Records of Miami -Dade
County, Florida; and
WHEREAS, the City intends that the conveyances to Habitat of the property described
on Exhibit A hereto be free from the effect, lien, encumbrance and operation of the Mortgages
and the Covenant; and
WHEREAS, by that certain Release of Mortgages, dated , and recorded in
Official Records Book , at Page , of the Public Records of Miami -Dade
County, Florida, the City released the property described on Exhibit A hereto from the lien and
operation of the Mortgages.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the City does hereby discharge from the effect, lien, encumbrance and
operation of the Covenant, the premises more particularly described on Exhibit A hereto,
provided, however, that nothing herein contained shall in any way impair, alter or diminish the
effect, lien, encumbrance and operation of the aforesaid Covenant on the remaining part of
said encumbered premises not hereby released therefrom, or any of the rights and remedies of
the City in, to and under the Covenant.
IN WITNESS WHEREOF, the City has caused this Partial Release of Declaration of
Restrictive Covenants to be executed by its undersigned official as duly authorized, on this
day of , 2005.
City of Miami, a municipal corporation
ATTEST: of the State of Florida
Priscilla A. Thompson
City Clerk
Approved As To Form and
Correctness:
Jorge L. Fernandez
City Attorney
By:
Joe Arriola
City Manager
Date:
Address: City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared Joe Arriola, well known to me
to be the City Manager of the City of Miami, who executed this instrument on behalf of the City. He
is personally known to me or has produced a driver's license as identification.
WITNESS, my hand and official seal in the County and State last aforesaid this day
of , 2005.
Print o f Stamp Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Habitat -Partial Release of Covenant-11-01-05