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HomeMy WebLinkAbout23452AGREEMENT INFORMATION AGREEMENT NUMBER 23452 NAME/TYPE OF AGREEMENT ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY DESCRIPTION SPECIAL WARRANTY DEED/TRANSFER PROPERTY TO FERN ISLE GARDENS/FILE ID: J-91-212/R-91-0214 EFFECTIVE DATE May 27,'1993 ATTESTED BY WALTER FOEMAN ATTESTED DATE 5/27/1993 DATE RECEIVED FROM ISSUING DEPT. • NOTE n45 Attested by City Clerk: Returned to Dept/Office: ORIGINAL TO CITY CLERK: Name of party(ies): Document Type: Purpose: Facility: .L?ate(s) : , ' Department: i'. DOCUMENT LOG FORM/CITY MANAGER'S OFFICE City of Miami and Allapattah Business Development Authority Deed and No Lien Affidavit To transfer property for the Fern Isle Gardens Development May 28, 1993 through May 28, 1995 Development and Housing Conservation Contact Person (Questions): _Jeffery B. Hepburn Telephone Contact Person (Delivery) _Paul A. Eisenhart Telephone 3_ _3 1 .. EXPENSE/REVENUE $_75.000 AUTHORIZED BY RESOLUTION NO. 91-214 (Attached) OR APPROVED BY: Budget Director (If General Funds) CIP Administrator (If CIP Funds) Comm. Dev. Director (If C.D. Funds) XX All City requirements have been met and the document(s) is (are) ready for execution Dept. Director/Designee Init. Dept. Director or Designee 46 014241/K- Signature Date 51> 5/93 ACM/Advisor ! Date ,R6 3 Sign tur Date Rec. by Mgr's Off.: ��aco/5 3 Date Signed by Mgr.: S /� 2/5 —9 a 7 /S 7 ,0 6> SEE ATTACHED ACCOUNT(s)/PROJECT(s) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this a ,%7117day of 1993, by and between City of Miami, Florida, a nicipa corporation of the State of Florida, hereinafter, the "Grantor , and Allapattah Business. Development Authority, a Florida Not -for -Profit Corporation, the address of which is,2515 Northwest 20th Street, Suite 2-A, Miami, Florida 33142, hereinafter the "Grantee". WITNESSETH: The Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, paid to it by the Grantee, thereceiptand sufficiency whereof is hereby acknowledged,. hereby grants, bargains, sells, aliens, remises, release, conveys and confirms unto the Grantee, that certain tract of land except all public rights -of -way therein situated in Dade County, Florida (the "Property"), which is more particularly described below, to -wit: Fern Isle Gardens, Tract C, according to the Plat thereof, as recorded in Plat Book 139, Page 52, of the Public Records of Dade County, Florida. Folio Number: 01-3134-108-0030 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 1993 and all subsequent years; 4. The Property 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. Grantor's reverter rights, subject to all of the terms and conditions setforth herein including the right of cure set forth- in paragraph 6 below, which is reserved herein: to reenter on and upon the Property to terminate Grantee's estate conveyed herein; and, upon such termination, to recover title to and possession of -1- the Property together with all improvements and fixtures located thereon in the event that: i. Grantee fails to commence work on. the Project Improvements (the "Improvements") as described in that certain .Memorandum of Agreement between Grantor and Grantee dated May 28, 1993 within six (6) months from the date of this instrument and fails to complete the Improvements within twenty- four (24) months from the date of this instrument as shall be evidenced by a permanent certificate of occupancy for all of the Improvements; ii. Grantee discriminates upon the basis of race, color, religion, sex, national origin, or physical handicap in the sale, lease or rental or in the use or occupancy of the Property or any Improvements erected or to be erected thereon or any part thereof; iii. Grantee fails to pay taxes and assessments on the Property; iv. Grantee allows a levy or an attachment to be made, or material or mechanics lien to be placed, or any unauthorized encumbrance or lien to attach to the Property, except: (a) Any mortgage(s) in favor of any Institutional Lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount not to exceed the value of the Improvements as determined by an appraiser; and (b) Any mortgage(s) in favor of any Institutional Lender refinancing any mortgage of the character described in clause (a) hereof; in an amount not to exceed the value of the Improvements as determined by an appraiser. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by any Member of the American Institute of Real Estate Appraiser ("MAI") (or member of any similar or successor organization) stating that the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute -2- conclusive evidence that such mortgage meets such requirements. For purposes of this paragraph an "Institutional Lender" shall mean any bank, savings and loan association, insurance company, foundation or charitable entity, real estate or mortgage investment trust, pension fund, .the Federal National Mortgage Assocation, agency of the United States government, Metropolitan Dade County Documentary Surtax Program, other governmental agencies, the Enterprise Foundation, Greater Miami Neighborhoods, Inc., and their respective successors and assigns. v. Grantee violates the Contract for Sale and Purchase between Grantor and Grantee dated June 4, 1991. vi. Grantee fails to obtain the Grantor's consent prior to transferring the Property or any part thereof, changing the ownership or distribution of the stock of the Grantee or with respect to the identity of the parties in control of the Grantee or the degree thereof. 6. Grantor's determination that an event set forth in paragraph 5 above has occurred which would cause a reversion of the Property; provided that any such right of entry shall not be exercised unless and until the Grantor has given Grantee's Institutional Lender(s) a reasonable period of time, as shall be mutually agreed upon by the Grantor and said Institutional Lender(s), to correct or cure the default or violation and said Institutional Lender(s) failed to do so. TOGETHER, with all the tenants, hereditaments and appurtenances belonging or appertaining to the Property. TO HAVE AND TO HOLD the Property in fee simple forever. The Grantor covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple and that the Grantor has good, right and lawful authority to sell and convey the Property. The Grantor hereby warrants the title to the Property and will defend the same against the lawful claim of all persons claiming by, thorugh or under the Grantor. The Grantor, however, hereby disclaims any warranty or representation as to the condition of the Property. The Grantor hereby warrants that it is empowered to convey the Property to Grantee and that it has received all the proper resolutions and approvals required by all state and local laws and ordinances to complete said conveyance. -3- .• IT WITNESS WHEREOF, the Grantor has hereunto set its seal the day and year first above written. ATT STED: atty irai, City lerk APPROVED AS TO FORM AND CORRECTNESS: A. Quinn City Att es, I`II ney This Instrument Prepared by: Linda Kelly Kearson City Attorney's Office City of Miami 300 Biscayne Blvd. Way, Suite 300 Miami, Florida 33131 STATE OF FLORIDA) )SS: COUNTY OF DADE ) The fore ‘,97/7 day of of the City State of Flori CITY OF MIAMIj A MUNICIPAL CORPORATION THE STATE OF FLORIDA Cesar H. Odio, City Manager ACKNOWLEDGEMENT instrument was acknowledged 1993 b _= H. 0 Florida, - Muni•ipal C My. -•Comm -mission- -Expires : NOTARY PUBLIC STATE OF FLORIDA HY C'+*MISSION EYP APR.14,4994 BONDED THRU GENERAL INS. UND. G Notary Public State of Florida /!7/.2 i .0,-/ /1,%0 2� d•-'- p► / d 1� efore a on this I0, C'ty Manager rpora ion of the J-91-212 3/6/91 ,'RESOLUTION NO. 91- 214 A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE DEVELOPMENT. OF A 52 UNIT AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT PLANNED - FOR. DEVELOPMENT ON THE CITY -OWNED' FERN= -=-ISLE. NURSERY. SITE BY THE 'ALLAPATTAH, BUSINESS: DEVELOPMENT'AUTHORITY RATIFYING; APPROVING AND REAFFIRMING RESOLUTION .NO.. 88-569, ADOPTED ON JUNE 9, 1988,` WHEREBY THE CITY COMMISSION APPROVED IN PRINCIPLE, THE AFOREMENTIONED NOT -FOR -PROFIT CORPORATION AS THE PROJECT SPONSOR TO UNDERTAKE THE DEVELOPMENT OF TWO (2) MEDIUM DENSITY RESIDENTIAL PROJECTS ON THE FERN ISLE NURSERY SITE, ALSO KNOWN AS TRACTS "B" AND "C"; FURTHER RATIFYING, APPROVING AND REAFFIRMING MOTION NO. 89-172, ADOPTED FEBRUARY 9, 1989, WHEREBY THE CITY COMMISSION ACCEPTED A PURCHASE OFFER FROM THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN THE AMOUNT OF THREE HUNDRED' TWENTY FIVE' THOUSAND DOLLARS ($325,000) FOR!TRACTS "B" AND "C" SITUATED AT THE SOUTHERN MOST PORTION OF THE FERN ISLE NURSERY SITE; ESTABLISHING SEVENTY FIVE THOUSAND DOLLARS ($75,000) AS THE REIMBURSEMENT AMOUNT TO BE PAID TO THE CITY FOR TRACT "C" WHERE THE PROPOSED 52 UNIT TOWNHOUSE PROJECT WILL -BE - CONSTRUCTED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR CONVEYANCE OF TRACT "C",.WHICH IS MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A", TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR THE DEVELOPMENT OF SAID HOUSING PROJECT, SUBJECT'. TO CERTAIN TERMS AND CONDITIONS AS SET FORTH -THEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT,. IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN CONNECTION WITH THE PROPOSED TOWNHOUSE PROJECT. WHEREAS, in the City of Miami, a severe housing shortage exists within the affordability range of low -and moderate income families and individuals; and WHEREAS, the City. Commission recognizes that participation of both the public and private sectors is necessary to further the development of housing in the City of Miami within the affordability range of low` and moderate income families and individuals, including the elderly; and ATTACHMENTS I CONTAINED CITY COMMISSION MEETING. OF MAR 14 1991 a 91- 214 B t, 1 WHEREAS, the Allapattah Business Development Authority has secured approximately $1,481,500 in construction and permanent financing from Metropolitan Dade County through the County's Documentary Surtax Program for the development of the proposed townhome project; and - WHEREAS, the project sponsor has also tentatively secured approximately $1,484,859 in private financing from Northern Trust Bank to assist in the financing of the proposed housing project; and r WHEREAS, it'is imperative that construction be underway on the proposed townhome project on or before May 31, 1991; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:. .Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. - Section 2. The City Commission hereby ratifies and reaffirms Resolution No. 88-569, adopted June 9, 1988,--wherein the City Commission approved in principle, the selection of the Allapattah Business Development Authority as the sponsor for two (2) medium density residential housing developments planned on Tracts "B" and "C" of the City -owned Fern Isle Nursery Site. Section 3. The City Commission hereby ratifies and reaffirms Motion No. 89-172, adopted February 9, 1989, wherein the City Commission approved in principle an amount of $325,000 as the purchase price for Tracts "B" and "C" of the City -owned Fern Isle Nursery Site to be paid by the Allapattah Business Development Authority in connection with the development of two (2) medium density residential housing projects planned. Section 4. The City Commission hereby. establishes $75,000 --- as the reimbursement amount to be paid by the Allapattah Business Development Authority to the City for Tract "C", the southern most portion of the Fern Isle Nursery site in connection with the construction of the fifty-two (52) unit townhome project affordable to low and moderate income families. -3- 91- 21.4 On March 14, 1991, the City Commission unanimously passed Resolution No. 91-214. This approved the Allapattah Business Development Authority, Inc. (ABDA) as the project sponsor for the development of a 52 unit townhouse project to be constructed on the City -owned Tract C of Fern Isle Gardens (a.k.a. Fern Isle Nursery). Additionally, this resolution established $75,000 asthe price ABDA would pay the City. for Tract C, and also the terms for this payment. Further, Resolution No. 91-214 authorized the City Manager to execute a Sale and Purchase Agreement -for .conveyance of Tract C and a Memorandum of Agreement in connection with the proposed townhouse project. Project sponsor is now ready to proceeed with construction, therefor, attached herewith are: 1 original Statutory Warranty Deed, and 1 original No Lien Affidavit, both of which require the City Manager's signature. i AFFIDAVIT INO LIEN' RAMCO FORM 44 STATE OF COUNTY OF AFFIDAVIT Before me, the undersigned authority, personally .appeared the City of Miami who being by me first duly 'sworn, on oath, deposes and says: Cesar H. Odio, City Manager of I. That the ow,ne r(a s of tho ollo in described_property, to wit: *The City of Miami, .ntunicipa� corporation FERN ISLE GARDENS, TRACT C, according to the Plat thereof, as recorded in Plat Book 139 at Page 52, of the Public Records of Dade County, Florida. A.K.A. 1300 Northwest 24th Avenue Folio No. 01-3134-108-0030 2. •That the above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for mortgage or mortgages, if any, described in the deed given between the parties named herein, and except for real estate and personal property taxes for the year _ 1993 3. That within the past YU days there have been no improvements, alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid, except the following: NONE 4. That there are no mechanic's, materialmen's, or laborer's liens against the above described property. 5. That the personal property contained in the buildings on said property, or on the said premises, and which, if any, is being sold to the purchaser(s) mentioned below, is also free and clear of all - liens, encumbrances, claims and demands whatsover. 6. That affiant(s), in the operation of said building and property, complied in all respects with the SALES TAX LAW of the State of Florida. 7. That affiant(s) know of no violations of Municipal Ordinances pertaining to the above described property. 8. That this affidavit is made for the purpose of inducing Allapattah Business Development Authority, a Florida -hot —for —profit corporation to purchase said property from affiant(s): 9. Affiant(s) agree(s) that in the event the current real estate and personal property taxes vary in amount from the figures used in ,making the prorations had in closing the transfer and conveyance of the above described property to said purchaser(s) then a new proration and a correct and proper adjustment will be made upon demand. 10. That no judgment or decree has been entered in any court of this state or the United States against said affiant(s), and which remains unsatisfied. I1. Affiant(s) further state that they are each familiar with the nature of an oath; and with the penalties as pro- vided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this nature. Affi- ant(s) further certify that they have read, or have heard read to them, the full facts of - this affidavit, and understand its context. ffSg ) BYE v �vvv v (SEAL) APPROVED AS TO FORM AND CORRECTNESSE`� Cesar H. Odio, City Manager • A. Q IN' JCS, III, CITY ATTORN SWORN TO AND SUBSCRIBED before rat this 7-7+ (SEAL) (SEAL) /04G27i AeV GQ0‹54-' e e/ L�.1-'l1DT/01Y PUBLIC STATE of wr COhrttbDiun EXP. PLeltrg BONDED THRU GENE �R'TrD. GENERAL INS. U4 ffD Qa /4//1:02=Z