HomeMy WebLinkAbout04-01264 Supporting documentationINIIIIIIf IIII IEMlllIN
This Instrument Prepared By:
Suzanne P. Viana, Esti.
Holland & Knight LLP
701 Brickell Avenue, Suite 3000
Miami, Florida 33131
Folio Number: 01-0102-070-1020
CFht 2003R04-01033
OR 8k 21342 Pss 1739 - 1741; t3ass3
RECORDED 06/18f2003 15:5?:45
DEED DOC TAX 312.00
SURTAX 234.00
HARVEY RUVIN, CLERK OF COURT
I1IAMI-DADE COUHTYr FLORIDA
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed as of the '614 day of June, 2003, by SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a body corporate and
politic of the State of Florida, whose address is 300 South Biscayne Boulevard Way, Suite 432,
Miami, Florida 33132 (the "Grantor"), in favor of J.E.J. PROPERTIES, INC., a Florida corporation,
whose address is 950 N.W. 3rd Avenue, Miami, Florida 33136-3306 (the "Grantee").
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars
($10.00), in hand paid by Grantees, the receipt of which is hereby acknowledged, does hereby remise,
release and quit -claim unto the Grantees forever, all of the right, title, interest, claim and demand
which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and
being in the County of Miami -Dade, State of Florida, to wit:
SEE ATTACHED EXHIBIT "A" (the 'Property")
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of Grantor, either in law or equity, to the only proper use, benefit and behoof
of Grantees forever.
SUBJECT TO: Taxes for the year 2003 and subsequent years, zoning, restrictions,
prohibitions, and other requirements imposed by governmental authorities including but not limited
to, public utility easements and all matters appearing in the public records.
SUBJECT TO THE FOLLOWING RESTRICTIVE COVENANTS WHICH THE
GRANTOR HEREBY IMPOSES ON THE PROPERTY WHICH SHALL RUN WITH THE
LAND AND WHICH SHALL BE BINDING ON THE GRANTEE, ITS SUCCESSORS, HEIRS
AND ASSIGNS:
1. For a period of ten (10) years from the date hereof, the Property must be used solely I
as a parking lot) In the event that this covenant is violated, Grantor or the City of Miami may
pursue all reme lot)
available at law or in equity to enforce this restriction, including, without
limitation, injunctive relief.
2. If the Property is conveyed to an "exempt entity" or is utilized for an "exempt
purpose" as such terms are used or defined under Chapter 196 Florida Statutes (2002), the owner of
the Property shall pay to the Grantor each year a payment in lieu of taxes (hereinafter "PILOT").
The yearly PILOT shall be an amount equal to the sales price of $52,000.00, adjusted annually to
reflect increases in the Consumer Price Index ("CPI"), times the City of Miami's then current millage
rate. CPI shall mean the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price
Index, U.S. City Average (all urban items) 1982 = 100. In the event that the Grantor is no longer in
existence, the PILOT shall be paid to the City of Miami and shall be amount equal to the taxes the
City of Miami would have received had the property not been exempt from taxation.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and
Delivered in the
Presence of:
Print Name: 4? ,? ' ,Gn•.t
Print Name: /-,vp,[ } - i f�
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY,
a body corporate and politic of the State of Florida
By:
Name: Frank Rollason
Title: Executive Director
APPROVED AS TO FORM AND
CORRECTNESS:
Holland & Knight LLP
CRA Special Counsel
The foregoing instrument was acknowledged before me, this j-2 day of June, 2003, by
Frank Rollason, Executive Director of SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY, a body corporate and politic of the State of Florida, on behalf of the
• agency. He is personally known to me or has produced as identification
and did not take an oath.
/1Peke.
E. MAfiTINEZ
Virig MY COMMISSION / DD 128222
?p� te' EXPIRES: August 19, 2006
t. 000-NOTARY Ft Nosy y Sc,arwi Bonding. inc.
My commission expires:
Holland+Knight
HAND DELIVERY
AND
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 26, 2004
Ms. Shirlene Ingraham, President
J.E.J. Properties, Inc.
950 Northwest 3r Avenue
Miami, Florida 33136
Tel 305 374 8500
Fax 305 789 7799
Holland & Knight LLP
701 Brickell Avenue. Suite 3000
Miami. FL 33131
www.hklaw.corn
WIL LIAM R. BLOOM
305-789-7712
william.bloom5 klaw.com
Re: Southeast Overtown/Park West Community Redevelopment Agency
sale to J.E.J. Properties, Inc.
Dear Ms. Ingraham:
It has come to our attention that Clear Channel is currently in a process
of erecting a huge billboard on the property that you acquired from the
Southeast Overtown/Park West Community Redevelopment Agency on June 16,
2003. The Quit Claim Deed from the Southeast Overtown/Park West
Community Redevelopment Agency to J.E.J. Properties, Inc. provides that "for a
period of ten (10) years from the date hereof (Le., June 16, 2003) the property
must be used solely for a parking lot" (emphasis added) (the "Deed
Restrictions"). The Deed further states that in the event the covenant is
violated, the Southeast Overtown/Park West Community Redevelopment Agency
may pursue all remedies available at law or in equity to enforce this restriction,
including, without limitation, injunctive relief.
The erection of the billboard constitutes a violation of the Deed
Restriction and constitutes a default under the Mortgage in favor of the
Southeast Overtown/Park West Community Redevelopment Agency recorded in
Official Records Book 21342 at Page 1742 (the "Mortgage"). If erection of the
billboard, is not ceased immediately and the existing structure removed, the
Southeast Overtown/Park West Community Redevelopment Agency will have no
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Ms. Shirlene Ingraham, President
J.E.J. Properties, Inc.
October 26, 2004
Page 2
alternative but to immediately pursue all remedies available in law and equity
to cause the billboard to be removed, including foreclosure of the Mortgage.
Please contact me immediately to discuss this situation.
Very truly yours,
HOLLAND & KNIGHT LLP
MG�%Cias.ti. Ageole
William R. Bloom
WRB:ljn
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