HomeMy WebLinkAbout24459AGREEMENT INFORMATION
AGREEMENT NUMBER
24459
NAME/TYPE OF AGREEMENT
WYNWOOD WORKS, LLC AND OMNI CRA
DESCRIPTION
NO LIEN, POSSESSION, GAP AND FIRPTA AFFIDAVIT
EFFECTIVE DATE
ATTESTED BY
ATTESTED DATE
DATE RECEIVED FROM ISSUING
DEPT.
5/24/2023
NOTE
NO LIEN, POSSESSION,
GAP AND FIRPTA AFFIDAVIT
BEFORE ME, the undersigned authority, this day personally appeared Humberto
Gonzalez ("Affiant"), who, being first by me duly sworn on oath, deposes and says as follows:
1. Affiant is the Executive Director of the OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created
pursuant to Section 163.356, Florida Statutes (the "Seller"). The Seller holds fee simple title to
the real property located in Miami -Dade County, Florida, more particularly described as follows
(the "Property"): see Exhibit "A" attached hereto.
2. The Seller has not sold, transferred, assigned or conveyed title to the Property
prior to the transfer of the Property to Wynwood Works MTZ, LLC, a Florida limited liability
company ("Purchaser").
3. Within the past 90 days there have been no improvements, alterations or repairs to
the Property for which the costs thereof remain unpaid, and that within the past 90 days there
have been no claims for labor or materials furnished for repairing or improving the Property
which remain unpaid.
4. There are no mechanic's, materialmen's or laborer's liens against the Property.
5. There are no unrecorded assessments against the Property which are due and
payable.
6. That this Affidavit is being made for the purpose of inducing Fidelity National
Title Insurance Company (collectively, "Title Company") to insure title to the Property.
7. The Seller is in sole control and possession of the Property.
8. The Seller has fully complied with all of the requirements of Florida Statute
163.380 relating to the conveyance of the Property to the Purchaser.
9. The Property is free and clear of all liens, taxes, encumbrances and claims of
every kind, nature and description whatsoever, except for taxes for the year 2023, which are not
yet due and payable, and matters shown in the Commitment for Title Insurance No. 8994394 —
Revision I issued by the Title Company, with a date of February 10, 2023 at 11:00 p.m. (the
"Title Commitment").
10. There are no matters pending against the Seller that could give rise to a lien that
would attach to the Property between the date of the Title Commitment set forth above and the
recording of the Special Warranty Deed conveying title to the Property to Purchaser, and that the
Seller has not and will not execute any instrument that would adversely affect the title or interest
to be insured by the Title Company.
11. Affiant, under penalty of perjury, represents and warrants that the Seller is not a
foreign entity for purposes of United States income taxation. The taxpayer identification number
of the Seller is 61-1685745 and its mailing address is 1401 North Miami Avenue, Second Floor,
Miami, Florida 33136.
12. Affiant has executed this Affidavit solely in his capacity as Executive Director of
the Seller, and all representations, warranties, and covenants of Affiant, to the extent they are
made, are made and intended for the sole purpose of binding the Seller and the Property, and no
personal liability or responsibility is assumed by the Affiant, individually.
13. Affiant further states that he is familiar with the nature of an oath and with the
penalties as provided by the laws of the State of Florida for falsely swearing to statements made
in an instrument of this nature. Affiant further certifies that he has read, or has had read to him
the full facts of this Affidavit and understands its content.
(SIGNATURE PAGE FOLLOWS)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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VY' 1.QJ� .Lal�•I LLX L1 f
Humberto Gonzalez, as E ecutive ]rector
of the OMNI REDEVEL PMENT
DISTRICT COMMUNITY
REDEVELOPMENT AGENCY, a public
agency and body corporate created pursuant
to Section 163.356, Florida Statutes, and not
individually
The foregoing instrument was sworn to and subscribed before me by means of
() physical presence or ( ) online notarization this 23 day of MALI , 2023, by
Humberto Gonzalez, as Executive Director of the OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created
pursuant to Section 163.356, Florida Statutes, on behalf of such agency. He (X) is personally
known to me or ( ) has produced a as identification.
My commission expires: g l l2o23
10268753.1
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NotaryPublic, State of Florida
`4811h, FRANCES LLOP-NOY
a9/, \ -Notary Public -State of Florida
-•� "�*= Commission # GG 905986
%Moon„ My Commission Expires
'"„�"`�� 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
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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.
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