HomeMy WebLinkAboutExhibit 1 06-09-11 SUB7>idettiry 6e 5eo-6\.
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THIS INSTRUMENT PREPARED BY AND
AFTER RECORDATION TO BE RETURNED TO:
CITY OF MIAMI
JULIE 0, BRU, CITY ATTORNEY
CITY ATTORNEY'S OFFICE
ATTN: RAFAEL SUAREZ-RIVAS, ASST, CITY ATTORNEY
MIAMI RIVERSIDE CENTER SUITE 945
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
Space Above This Line For Recording Data
QUIT CLAIM DEED
THIS QUIT CLAIM DEED (the "Deed") made this day of
, 2011, 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 ("SEOPW 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 SEOPW CRA, receipt of which is hereby acknowledged, has
remised, released and quitclaimed to the SEOPW CRA, its heirs and its assigns,
subject to the right of reverter and reentry set forth below, the following described
land lying and being in the County of Miami —Dade, State of Florida:
As described in Exhibit "A" attached hereto and made a part hereof,
more particularly known as 480 NW 11 Street, Miami, Florida
Tax Folio No. 01-3136-081-0010
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:
1. The SEOPW CRA agrees that the Property shall be required to be
used as a CDBG eligible activity in conformance with the objective of the CDBG
Revised Draft 274498
1
p3e
program as stipulated in 24 CFR 570-483, as amended for a period of five (5) years
from the date of this conveyance,
2. The SEOPW CRA concurs with the Restrictive Covenant dated
November 5, 2003 and recorded January 22, 2004, attached herein and deemed as
being incorporated by reference herein as though set forth in this section, between
the City of Miami and Retired Police Officers Community Benevolent Association,
Inc, a requisite of the State of Florida for the historic preservation grant award,
encumbering the Property through January 21, 2014.
3. The SEOPW CRA understands, acknowledges, and agrees that funds
from multiple series of the City of Miami, Florida's Limited Ad Valorem Tax Bonds,
(Homeland Defense/Neighborhood Capital Improvement Projects) Bond Program
(the "Bond Program") were used for the restoration and the preservation of the
Black Police Precinct and Courthouse Museum and that all uses, transfers or other
dispositions of the Property (including all personal property, furniture, fixtures, and
equipment) shall comply with all Internal Revenue Code requirements for properties
using such bond funding. The SEOPW CRA and the City understand, acknowledge,
and agree that:
(a) any further transfer, grant, or other disposition of title to the Property by
SEOPW CRA to a third party during such time that the related series of bonds
remain outstanding shall require (x) repayment in full to the City of the total
amount of Bond Program funding used for the restoration and preservation of the
Black Police Precinct and Courthouse Museum, and (y) application of such
repayment total amount by the City only to debt service and/or defeasance of the
related series of bonds, subject to an opinion of Bond Counsel regarding whether
defeasance is required; and
(b) for so long as the total amount of Bond Program funding used for the
restoration and preservation of the Black Police Precinct and Courthouse Museum
has not been repaid to the City and the related bonds remain outstanding, then the
City and the SEOPW CRA shall require all uses by any and all persons or entities to
comply with all Internal Revenue Code requirements for properties using such bond
funding, including if necessary, by obtaining an IRS Safe Harbor Agreement and/or
an opinion of Bond Counsel regarding such uses.
4. For so long as the total amount of Bond Program funding used for the
restoration and preservation of the Black Police Precinct and Courthouse Museum
has not been repaid to the City or the related bonds remain outstanding, the
SEOPW CRA shall not convey fee simple title to the Property to a third party
without the prior written approval of the City Commission and an opinion of Bond
Counsel regarding continuing compliance required by the Internal Revenue Service.
5. Once the total amount of Bond Program funding used for the restoration
and preservation of the Black Police Precinct and Courthouse Museum has been
repaid to the City, by the SEOPW CRA or otherwise, the SEOPW CRA may, in its
discretion, convey fee simple title to the Property to a third party without prior
written City Commission approval and without an opinion of Bond Counsel.
The restrictions, conditions and covenants set forth in Sections 1 through 5 of
this Deed shall be deemed covenants running with the land and shall be binding to
Revised Draft 274498
2
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 SEOPW CRA violates or otherwise fails to comply with any
of the restrictions, conditions and covenants set forth in this Deed, the SEOPW CRA
shall correct or cure the default/violation within thirty (30) days of notification of the
default by the CITY (the "Cure Period"). If SEOPW 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. 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 SEOPW CRA shall have no recourse against the CITY's exercise of
this option.
The CITY grants all of such real property to the SEOPW CRA so long as the
SEOPW CRA is in existence and so long as there is a legally and validly organized
successor entity. If the SEOPW 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 SEOPW CRA, then all of said real property shall automatically
revert to the CITY, its successors and assigns.
The CITY and the SEOPW CRA will share, on a 50%/50% basis, in any net
profit(s) from the sale, leasing, or other disposition of the Black Police Precinct and
Courthouse Museum.
The foregoing conveyance was approved pursuant to Resolution No of
the City Commission of the City of Miami, Miami -Dade County, Florida, passed and
adopted on . A copy of Resolution No. is attached.
IN WITNESS WHEREOF, the CITY has caused this Quit Claim 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, JOHNNY MARTINEZ, P.E.
CITY CLERK CITY MANAGER
WITNESS (Print Name)
Revised Draft 274498
3
WITNESS (Print Name)
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF DADE
) SS
The foregoing instrument was acknowledged before me this day of
, 2011 by Johnny Martinez, 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.
Printed Name:
Notary Public
My Commission Expires:
Revised Draft 274498
4
`EXHIBIT A"
My Home
Miami -Dade County, Florida
Property Information Ma
Aerial Photography - 2009 0 118 8
This map was created on 5/24/2011 9:18:28 AM for reference purposes only.
Web Site m 2002 Miami -Dade County. All rights reserved.
MIAMI-DADE
Summary Details:
kollo No.:
31-3136-081-0010
property:
480NW 11 ST •
Mailing
Address:
CITY OF MIAMI-DEPT OF
P&D
ASSET MANAGEMENT
DIVISION
444 SW 2 AVE STE ft325
MIAMI FL
33130-1910
Property Information:,
Primary Zone:
8000 GOVERNMENT &
INSTITUTIONS
CLUC:
0040 MUNICIPAL
Beds/Baths:
0/0
Floors:
1
Living •Units:
0
AdJ Sq Footage:
6,tf46
_ot Size:
26,572 SQ FT
Year Built:
1950
.
Legal
Description:
,JEFFERSON REEVES
-IEALTH CTR SUB PB
148-32 T-19393 TR A
OT SIZE .610 AC M/L
AU 01-3137-027-0010-
0020 & 01-0101-030-
1010-2010-2040-3010 &
Assessment Information:
Year: .
2010
2009
Land Value:
$85,030
$167,404
,SuildingValue:
$335,265
$341,524
Market Value:
$420,295
$508,928
As§gssed Value:
$420,295
$508,928
fixable Value Information:
Year: `
.2010
2009
Taxing Authai-,r:
l`
Applied
Exemption/
Taxable
Value:
Applied
Exemption/
Taxable
.Value:
Regional: \
$420,295/$0
$508,928/$0
County:
20,295/$0
$508,928/$0
City:
40,295/$0
$508,928/$0
School Board:
$42b,295/$0
$508,928/$0
THIS INSTRUMENT PREPARED BY AND
AFTER RECORDATION TO BE RETURNED TO:
\CITY OF MIAMI
ULIE O. BRU, CITY ATTORNEY
Y ATTORNEY'S OFFICE
ADrN: RAFAEL SUAREZ-RIVAS, ASST, CITY ATTORNEY
MIA v l RIVERSIDE CENTER SUITE 945
444 S. . 2ND AVENUE
MIAMI, •LORIDA 33130-1910
Space Above This Line For Recording Data
QUIT CLAIM DEED
THIS QUI CLAIM DEED, (the "Deed") made this day of
2011, 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 firs part, as grantor, and the Southeast Overtown Park West
COMMUNITY REDEVELIPMENT AGENCY ("SEOPW CRA") of 49 NW 60 Street,
Suite 100, Miami, Florida 3 128, of the second part, as grantee,
WITNESSETH:
That the.CITY for and in co sideration of the sum of One Dollar ($1.00) to it
in hand paid by the SEOPW CRA, Keceipt of which is hereby acknowledged, has
remised, released. and quitclaimed to\he SEOPW CRA, its heirs and its assigns,
subject to the right of reverter and ree try set forth below, the following described
land lying and being in the Countyof Miaih4 Dade, State of Florida:
As' described in Exhibit "A" attached h reto and made' a part hereof,
more particularly.known as 480 NW 11 S. eet, Miami, Florida
Tax Folio No, 01-3136-081-0010
and hereinafter referred as the '!Property".
This Deed conveys only the interests of the CI in the Property described
• herein, and shall not warrant title thereto:
This Deed is made and executed upon, and issuo'ect'to, the following
conditions, restrictions and covenants, which are part of the onsideration for the
Property conveyed and are taken and construed.as,running with he land:
1.. The SEOPW CRA agrees that the Property shall. be req e ired to be
used as a CDBG eligible activity in conformance with the objective of th- CDBG
Revised Drnft 274498
k's/MJ--1-¥/O-� .3
1
progra as stipulated in 24 CFR 570-483, as amended for a period of five (5) years
from th date of this conveyance.
2. The SEOPW CRA concurs with the Restrictive Covenant dated
November . 2003 and recorded January 22, 2004, attached herein and deemed as
being incorp r ated by reference herein as though set forth in this section, between
the City of M mi and Retired Police Officers Community Benevolent Association,
Inc, a requisite of the State of Florida for the historic preservation grant award,
encumbering the 'roperty through January 21, 2014,
3. The ` OPW CRA understands, acknowledges, and agrees that funds
from multiple series sf the City of Miami, Florida's Limited Ad Valorem Tax Bonds,
(Homeland Defense -ighborhood Capital Improvement Projects) Bond Program
(the "Bond Program") ere used' for 'the restoration and the preservation of the
Black Police Precinct anCourthouse Museum and that all uses, transfers or other
dispositions of the Proper (including all personal property, furniture, fixtures, and
equipment) shall comply wi all Internal Revenue Code requirements for properties
using such bond funding, Th SEOPW CRA and the City understand, acknowledge,
and agree that;
(a) any further transfer, : ant, or other disposition of title to the Property by
SEOPW CRA to a third party d ring• such time that the related series of bonds
remain outstanding shall require (x) repayment in full to the City of the total
amount of Bond Program funding u ed for the restoration and preservation of the
Black Police Precinct and Courtho se Museum, and (y) application of such
repayment total amount by the City o y to debt service and/or defeasance of the
related series of bonds, subject to an opinion of Bond Counsel regarding whether
defeasance is required; and
(b) for so long as the total amount Bond Program funding used for the
restoration and preservation of the Black Poll e Precinct and Courthouse Museum
has not been repaid to the City and the related . onds remain outstanding, then the
City and the SEOPW CRA shall require'all uses b \\any and all persons or entities to
comply with all Internal Revenue Code requirement for properties using such bond
funding, including if necessary, by obtaining an IRS afe Harbor Agreement and/or
an opinion of Bond Counsel regarding such uses.
4. For so long as the total amount of Bond Prog m funding used for the
restoration and preservation of the Black Police Precinct a d Courthouse Museum
has not been repaid to the City or the related bonds re ain outstanding, the
SEOPW CRA shall not convey fee simple title to the Prop ty to a .third party
without the prior written approval Of the City Commission and .n opinion of Bond
Counsel regarding continuing compliance required by the Interns ' evenue Service.
5, Once the total amount of Bond Program funding used for the restoration
and preservation. of the Black Police .Precinct and Courthouse Museum has been
repaid to the City, by the SEOPW CRA or otherwise, the SEOPW Cmay, in its
discretion, convey fee simple title to the Property to a_ third party w hout prior
.written 'City Commissionapproval and without an.opinion of Bond Counse'
The restrictions, conditions and covenants set forth in Sections 1 through 5 of
this Deed shall be deemed covenants running with the land and shall be bin to
Revised Draft 274498
2
e fullest extent permitted by law and equity, and enforceable by, for the benefit
a d in favor of, the CITY. The CITY shall have the right to exercise all the 'rights
an remedies; and to maintain any and all actions or suits at law or in equity, as it
dee s appropriate to enforce the foregoing restrictions, conditions and covenants, or
to cu q any breach thereof.
In the event the SEOPW CRA. violates or otherwise fails to comply with any
of the rest 'ctions, conditions and covenants set forth in this Deed, the SEOPW CRA
shall correct r cure the default/violation within thirty (30) days of notification of the
default by the ITY (the "Cure Period"). If SEOPW CRA fails to remedy the default
within the Cure 'eriod, the CITY shall have the right to reenter and take possession
of the Property or ny portion of the Property. In the event of any default, failure or
violation of any suc condition which is not cure within the Cure Period, the City
Commission at its o o tion may 'pass and adopt • a resolution declaring that the
title and all the right and interest of the Grantee in the Property revert to
the CITY. The SEOP.W shall have no recourse against the CITY's exercise of
this option.
The CITY grants all of ch real property to the SEOPW CRA so long as the
SEOPW CRA is in existence anso long as there is a legally and validly organized
successor entity. If the SEOPW 'n is abolished or ceases to exist and there is no
legally and validly organized •suc -ssor which shall have assumed all of the
obligations of the SEOPW CRA, then all of said real property shall automatically
revert to the CITY, its successors and as .igns
The foregoing conveyance was appr.ved pursuant to Resolution No of
the City Commission of the City of Miami, 1 mi-Dade County, Florida, passed and
• adopted on . A copy ofResoluti n No. is attached. •
IN WITNESS WHEREOF, the CITY has ch\used this Quit Claim Deed to be
executed the day and year first above written.
ATTEST:
PRISCILLA A. THOMPSON,
CITY CLERK
• WITNESS (Print Name)
WITNESS (Print Name) .
Revised Draft274498
CITY F MIAMI, A MUNICIPAL
CORPO TION OF THE
STATE 0 •FLORIDA
TONY . CRAPP, JR,
CITY AGER
3
PROVED AS TO LEGAL FORM AND
CO'RECTNESS:
JULIE 0, BRU
CITY ATT RNEY
STATE OFF ORIDA
COUNTY OF DAIaE
The foregoing
,2
municipal corporation of
produced
My Commission Expires:
Revised Draft 274498
) SS
instrument was acknowledged before me this _ day of
11 by Tony E. Crapp; Jr. as City Manager of CITY OF MIAMI, a
e State of Florida, who is personally known to me or who has
as identification and who did/did not take an oath.
Printed Name:
Notary Public
Property Information Ma
NW IITH
Aerial Photography - 2009
`EXHIBIT A"
My Home
Miami -Dade County, Florida
0 118 ft
This map was created on 5/24/2011 9:18:28 AM for reference purposes only.
Web Site 02002 Miami -Dade County. AU rights reserved.
Summary Details:
kolio No.:
p1-3136-081-0010
Property:
480 NW 11 ST •
Mailing
CITY OF MIAMI-DEPT OF
Address:
P&D
ASSET MANAGEMENT
DIVISION
444 SW 2 AVE STE #325
MIAMI FL
33130-1910
Propert ,Information:•
Primary Zone: 000 GOVERNMENT &
NSTITUTIONS
CLUC:
040 MUNICIPAL
BedslBaths:
/0
Floors:
1
Living •Units;
Adj Sq Footage:
,646
_ot Size:
6,572 SQ FT
Year Bullt:
1950
\ .
EFFERSON REEVES
EALTH CTR SUB PB
Legab
148.32 T-19393 TR A
Description:
OT SIZE .610 AC M/L
AU 01-3137-027-0010-
020 & 01-0101-030-
1010.2010-2040-3010 &
Assessment Information:
Year: . \
2010
2009
Land Value: \
$85,030
$167,404
Building Value:
$335,265
$341,524
Apr -WI Value: • `
$420,295
$508,928
As ssed Value:
'1420,295
$508,928
. lxable Value Information:
Year: ,
.2010,
2009
Applied \
Applied
Taxing Authq-,7t
Exemption!`
Taxable
„Exemption/
\Taxable
\
Value:
Naive:
Regional:
$420,295/$0
$505``928/$0
County:
$420,295/$0
$508,9 8/$0
City:
$ 0,295/$0
$508,9 8/$0
School Board:
$42 295/$0
$508,92840