Loading...
HomeMy WebLinkAbout24456AGREEMENT INFORMATION AGREEMENT NUMBER 24456 NAME/TYPE OF AGREEMENT WYNWOOD WORKS MTZ, LLC AND OMNI CRA DESCRIPTION SPECIAL WARRANTY DEED EFFECTIVE DATE May 25, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/24/2023 DATE RECEIVED FROM ISSUING DEPT. 5/24/2023 NOTE THIS INSTRUMENT WAS PREPARED BY: Terry M. Lovell, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Ave., 23rd Floor Miami, Florida 33131 Folio Number: 01-3125-000-0100, 01-3125-000-0130, 01-3125-016-0400 NOTE TO RECORDER: This conveyance is a gift of unencumbered property between Grantor and Grantee and therefore, only minimum documentary stamp tax is payable hereon. SPECIAL WARRANTY DEED THIS DEED, made this 2 5" day of May, 2023, between OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, ("Grantor"), whose address is 1401 North Miami Avenue, Second Floor, Miami, Florida 33136, and WYNWOOD WORKS MTZ, LLC, a Florida limited liability company ("Grantee"), whose address is 301 N.W. 9th Street, Miami, Florida 33136. Wherever used herein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNES SETH: THAT, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor hereby grants, bargains, and sells unto Grantee, the property located in Miami -Dade County, Florida, described in Exhibit "A" (the "Property"). TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. TO HAVE AND TO HOLD the same unto Grantee in fee simple, forever. THIS CONVEYANCE IS SUBJECT TO: 1. Taxes and assessments for the year 2023 and subsequent years; 2. Zoning and other governmental restrictions; 3. The terms and provisions of the Declaration of Restrictive Covenants for Wynwood Works recorded simultaneously herewith. 4. Conditions, restrictions, reservations, and easements of record; however, reference thereto shall not serve to reimpose same. 5. Grantee's successor shall substantially complete the construction of the improvements (the "Improvements") on the Property within forty-eight (48) months of the commencement of construction thereof as evidenced by the issuance of temporary or permanent certificates of occupancy for the Improvements. Upon issuance of the certificates of occupancy, the Executive Director of the Grantor shall record a certificate confirming compliance with this Section 5. Upon recording of such certificate executed by the Executive Director, the provisions of this Section 5 shall be of no further force and effect. If Grantee's successor fails to commence construction of the Improvements within ninety (90) days of the recording of this Special Warranty Deed or fails to complete construction of the Improvements within forty-eight (48) months of commencement of construction, then the Property shall automatically revert to Grantor; provided, however, that any reversionary right in favor of Grantor hereunder shall be subject to and subordinate to any first -lien mortgage encumbering the Property and the related improvements ("Senior Mortgage"), and the exercise or automatic occurrence of any reversion hereunder shall not affect the validity, existence or priority of the Senior Mortgage. 6. Subject to the provisions of this section, it is the intention of the Grantor and the Grantee that upon conveyance of the Property to the Grantee that the Property and Improvements shall be fully taxable for the purposes of ad valorem real estate taxes and that the Grantee and its successors or assigns not take advantage of any tax exemptions which may allow the Grantee or its successors or assigns not to be required to pay ad valorem real estate taxes with respect to the Property and Improvements. Subject to the provisions of this section and in the event for any reason the Property and Improvements are not subject to ad valorem real estate taxes as a result of an exemption, then the Grantee's successors and assigns shall pay to the Grantor a payment in lieu of taxes (a "PILOT") on or before December 31 of each year in the amount of ad valorem real estate taxes that would have been due with respect to the Property and Improvements if the Property and Improvements had not been exempt in whole or in part from the payment of ad valorem real estate taxes. The obligation of the Grantee's successor to make the PILOT shall constitute a covenant running with the Property and shall constitute a first lien on the Property senior to all other liens and encumbrances and shall be binding upon the Grantee and its successors and assigns through end of the existence of the Grantor. AND GRANTOR hereby covenants with Grantee that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor warrants and will defend the title to the Property against the lawful claims of all ,persons claiming by, through or under Grantor, but against none other. SIGNATURES FOLLOW ON NEXT;PAGE IN WITNESS WHEREOF, Grantor has caused this special warranty deed to be executed as of the day and year first above written. Signed, sealed and delivered in our presence: WITNESSES: Name: Name: 7Q A iVayTiR2 Approve.jsr legal sufficiency By ArrrfTr y: Todd B. Ha • . i erk of the Board STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) GRANTOR: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: Humberto Gonzalez, Execut ve Dire • or The foregoing instrument was acknowledged before me by means of E1 physical presence or ❑ online notarization, this 2aday of , 2023, by Humberto Gonzalez as Executive Director of OMNI REDEVELO MENT DISTRICT COMMUNITY REDEVELOPMENT AGENECY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, on behalf of the Agency, who is personally known to me or has produced as identification. Notary Public, State of Florida , FRANCES LLOP-NOY , �- ;Notary Public -State of Florida Commission # GG 905986 .,��`' 1 I My Commission Expires Oi% %%% August 21, 2023 "Exhibit A" Legal Description PARCEL A: LOT 7, BLOCK 3, LESS THE WEST 20 FEET THEREOF, OF BAY VIEW ADDITION TO MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 107 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL B: BEGIN AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE RUN SOUTH 85 FEET; THENCE RUN EAST TO THE RAILROAD RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN NORTHERLY ALONG SAID RIGHT OF WAY 85 FEET, MORE OR LESS, TO A POINT DIRECTLY EAST OF THE POINT OF BEGINNING; THENCE RUN WEST 135 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE WEST 35 FEET THEREOF. PARCEL C: COMMENCING AT A POINT 85 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SOUTH 1/2 OF SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN SOUTH 100 FEET; THENCE RUN EAST PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TO THE WEST LINE OF THE RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY; THENCE RUN IN A NORTHERLY DIRECTION AND ALONG THE WEST LINE OF THE RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY TO A POINT DUE EAST OF THE POINT OF BEGINNING; THENCE RUN WEST AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH 1/2 OF SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25 TO THE PLACE OR POINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA; EXCEPTING FROM THE ABOVE MENTIONED TRACT, 20 FEET OFF THE WEST SIDE OF SAID PROPERTY CONVEYED TO THE CITY OF MIAMI FOR STREET PURPOSES AS SHOWN BY DEED RECORDED IN DEED BOOK 361, AT PAGE 355, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO LESS THE WEST 15 FEET THEREOF FOR ADDITIONAL RIGHT-OF-WAY. SAID LANDS ALSO KNOWN AS: A PORTION OF LOT 7, BLOCK 3, OF BAY VIEW ADDITION TO MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 107 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND A PORTION OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN N 89°55'17" E FOR 35.00 FEET TO THE POINT OF BEGINNING; THE NEXT DESCRIBED LINE BEING ALONG A LINE 35 FEET EASTERLY OF THE CENTER LINE OF NORTH MIAMI AVENUE, THENCE N 00°16'34" E FOR 34.42 FEET TO A POINT ON THE NORTH LINE OF LOT 7; THENCE S 89°50'00" E ALONG SAID NORTH LINE OF LOT 7, FOR 108.40 FEET TO THE WESTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY, THENCE S 13°53'30" W ALONG SAID RIGHT OF WAY FOR 225.63 FEET; THENCE S 89°55'17" W ALONG A LINE SOUTHERLY OF AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH 1/2 OF SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25 FOR 55.29 FEET, THENCE N 00°16'31" E ALONG THE LINE 35 FEET EASTERLY OF CENTER LINE NORTH MIAMI AVENUE FOR 185.00 FEET TO THE POINT OF BEGINNING. 7565475.4