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HomeMy WebLinkAboutCity DeedThis Instrument Prepared By and Return To: Ilene Temchin, Esq. City of Miami Office of the City Attorney 444 S.W. 2nd Avenue Miami, Florida 33130-1910 1111111 I1III II1II IAIII 11111 I11111111111111111 CF'N 2009R:07 r76398 OR Bk 27062 Pss 1738 — 1.748E (class) RECORDED 10/27/2009.10:49:13 DEED DOC TAX 0.L0 NARVEY RUVIN, CLERK OF COURT MIAMI—DADE COUNTY, 'FLORIDA This City Deed is made as of this 23rd day of October, 2009, by the City of Miami, a municipal corporation of the State of Florida, whose post office address is 444 S.W. 2nd Avenue, Miami, Florida 33130, hereinafter called the "Grantor", to Teatro Marti Apartments, LLC, a Florida limited liability company, with offices at 150 S.E. Second Avenue, Suite 1202, Miami, FL 33131, hereinafter called the "Grantee". Witnesseth: That the Grantor, for and in _consideration of .the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby remise, release, convey and quit -claim unto the "Grantee forever, all of the Grantor's right, title and interest in that certain land situate in Miami -Dade County, Florida, hereinafter referred to as the "Property", to wit: Lots 1, 2, and 3 in Block "U" of Riverview, according to Plat thereof, as recorded in Plat Book 5, at Page 43, of the Public Records of Miami -Dade County, Florida (street address: 400-420 SW 8th Avenue, Miami, FL), and Lot 16 of Carolina Court, according to the Plat thereof, as recorded in Plat Book 15, at Page 56, of the Public Records of Miami -Dade County, Florida (street address: 430 SW 8th Avenue, Miami, FL). Subject to: 1. Conditions, restrictions, easements, limitations and reservations of record, though this -reference is not -intended to - reimpose -same. 2. Applicable zoning ordinances, codes, rules and regulations. 3. Taxes and assessments for the current year and all subsequent years. 4. The Property is being taken by the Grantee "as is" with the Grantee being solely responsible for the removal of any environmental contamination if present on the Property. 5. The Grantee and Grantee's b-n ",hies agree, for themselves and any successor in interest, to pay the real estate ments on the Property or any part thereof c��nx ry1N GVn Vi M141f0,/ when due. In the event that the Property is ever declared to be "immune" or "exempt" from the payment of ad -valorem taxes, the Grantee agrees, for itself and any successor(s) in interest, to pay to the Grantor an annual payment which shall be in an amount equal to the amount the Grantor would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to Chapter 193 Florida Statutes, as amended from time to time. 6. Title to the Property shall immediately and automatically revert to and vest in the Grantor upon the occurrence of any one or more of the following events: (a) on or before October 31, 2009, or such later date as may be approved by the Miami City Commission, the Grantee has not commenced construction on the Property, to the satisfaction of the Grantor in its sole judgment, of twenty seven (27) rental apartments for the elderly (as defined in 24 C.F.R. Part 891); or (b) on or before November 23, 2009, the Grantee has not provided to the grantor copies of all permits necessary for the construction on the Property of twenty seven (27) rental apartments for the elderly; or (c) on or before January 15, 2010, the Grantee has not executed fmal loan documents for funding from the City of Miami in the aggregate amount of $4,000,000 for the above -described construction on the Property. 7. Until October 23, 2042, this Property may be used solely for the purpose of providing affordable housing for elderly persons with incomes no greater than sixty percent (60%) of the area median income for Miami -Dade County, Florida. To Have and To Hold, the same together with all and singular tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, and all the 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. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first written above. — — -- — Signed, sealed and delivered in our presence: L`(N N we-- 't2 dit-.. City o of the a municipal corporation lorida By: Print Name: Pedro G. Hernandez Print Name: 197435 City Manager 2 Approved As To Form And Correctness: .B Julie City Attorney Priscilla A. Tho City Clerk ACKNOWLEDGMENT STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, personally appeared Pedro G. Hernandez, as City Manager of the City of Miami, to me well known to be the person described in and•who executed the foregoing instrument and who acknowledged to and before me that he executed said instrument under oath, and for the purposes therein expressed. �-� ,�"Witness my hand and official seal in the County and State last aforesaid this o ' day of Qb(' , 2009. PRIN 1'bD, STAMPED OR TYPED Y PUBLIC NAME OF NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: NOTARY PUBLIC -STATE OF FLORIDA a Sandra Rivera Commission # DD882279 Expires: APR. 20, 2013 BONDED TIIRU ATLANTIC BONDING CO, ENC. The foregoing conveyance was approved pursuant to Resolution No. 09-0022 of the Miami City Commission, adopted January 15, 2009, and Resolution No. 09-0089 of the Miami City Commission, adopted February 26, 2009. Copies of Resolution Nos. 09-0022 and 09-0089 are attached hereto as Exhibit A. 197435 3