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RESOLUTION 88-19237 RESOLUTION NO. 88-19237 A RESOLUTION OF THE CITY COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A CONSENT AND RATIFICATION OF SUBSIDY AGREEMENT FOR THE REHABILITATION OF THE PALM COURT APARTMENTS BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: WHEREAS, the City of Miami Beach, on May 20, 1987, entered into a subsidy agreement with YRBIT, S.A., a Panamanian corporation, and General Bank, a federal savings bank formerly known as General Federal Savings and Loan Association, for the purpose of providing an interest buy-down on a loan for the rehabilitation of the property known as the Palm Court Apartments and located at 309 23rd Street, Miami Beach; and WHEREAS, the Subsidy agreement provides that the construction phase of the property was to be completed within twelve (12) months from the date of the agreement; and WHEREAS, YRBIT, S.A. has requested that the completion time for sandblasting and painting the exterior walls of the building be extended to thirty (30) days after the date of the Consent of Subsidy Agreement, and that the completion time of the total project be extended to November 1, 1988; and WHEREAS, Yrbit, S.A. and General Bank have requested the City to consent to a second leasehold mortgage; NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached "Consent to Leasehold Mortgage, Default Notification Agreement and Ratification of Subsidy Agreement" be hereby approved and adopted. Further, that the City Commission authorizes the Mayor and the City Clerk to execute such consent and any other documents necessary to carry out the rehabilitation of the Palm Court Apartments. PASSED and ADOPTED this 4 fi 1., day of May , 1988 Pr Fr; Attest: FOvM APPROVEDc)7,k_ CITY CLERK LEGAL DEPT. B67.#122-aun STP/nkm Bate .1 ST eco /4m I geeei,d FLORIDA 3 3 1 3 9 14%/91.'11% 19 *;INCORP!+,ORATED * "VACA TlONLANU U. S. A. 'IPA-2-4;3\'')--= OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 (3g COMMISSION ION MEMORANDUM NO. ` DATE: May 4, 1988 TO: Mayor Alex Daoud and Members of the City Commission FROM: 'Rob W. Parkins City Manager SUBJECT: CONSENT TO MODIFICATION OF THE SUBSIDY AGREEMENT FOR THE REHABILIATION OF THE PALM COURT APARTMENTS The City operates a Rental Rehabilitation Program designed to provide financial and technical assistance to property owners of deteriorated and substandard multi-unit apartrrients, for the purpose of rehabilitating said structures. On May 20, 1987, the City entered into a subsidy agreement with YRBIT, S.A., a Panamanian corporation which owns the Palm Court Apartments at 309 23rd Street, for the purposes of providing an interest subsidy payment to buy down the interest rate on a loan to be made by General Bank for the rehabilitaiton of the property. During the construction phase, additional funds were needed because of extensive structural work, additional electrical work required by Florida Power & Light Company and also for sprinker systems. The securing of these additional funds and the extent of such improvements have delayed the completion of the work as scheduled. In order to be in compliance with the terms of the City's subsidy agreement, and also with those requirements of the private lenders, the owner of the property has requested that the construction period be extended to November 1, 1988, and that the attached "Consent to Modify the Subsidy Agreement" be approved and executed by the City. No additional funds from the City will be required. ADMINISTRATION RECOMMENDATION: The Administration recommends the approval of the "Consent to Leasehold Mortgage, • Default Notification Agreement and Ratification of Subsidy Agreement," and that the Mayor and City Clerk be authorized to execute such document and any other documents necessary to carry out the rehabilitation of the property. RWP/nkm 23 AGENDA - - Q./ ITEM DATE 4-2'n CONSENT TO LEASEHOLD MORTGAGE, DEFAULT NOTIFICATION AGREEMENT AND RATIFICATION OF SUBSIDY AGREEMENT THIS CONSENT TO LEASEHOLD MORTGAGE, DEFAULT NOTIFICATION AGREEMENT AND RATIFICATION OF SUBSIDY AGREEMENT entered into this 5 t h day of May , 1988, by and between GENERALBANK, a Federal Savings Bank formerly known as GENERAL FEDERAL SAVINGS AND LOAN ASSOCIATION ("GENERAL"), the City of Miami Beach, a Florida municipal corporation (the "CITY"), BARNETT BANK OF SOUTH FLORIDA, N.A. ("BARNETT") and YRBIT, S.A., a Panamanian corporation (the "MORTGAGOR") and JOSE A. HERRERA, who, together with MORTGAGOR is jointly referred to as "BORROWER". A. WHEREAS, MORTGAGOR is the owner and holder of a leasehold interest on the Property, as hereinafter defined, by virtue of that certain lease more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Lease"). B. WHEREAS, GENERAL is the owner and holder of that certain mortgage dated May 20, 1987, executed by MORTGAGOR in favor of General Federal Savings and Loan Association of Miami, recorded in Official Records Book 13286, at Page 1060, of the Public Records of Dade County, Florida (the "General Mortgage"), encumbering MORTGAGOR'S leasehold interest in the property more particularly described on Exhibit "B" attached hereto and made a part hereof (the "Property"). C. WHEREAS, on the 20th day of May, 1987, GENERAL, the CITY and MORTGAGOR did enter in a Subsidy Agreement (the "Agreement"), which Agreement was recorded in Official Records Book 13293, at Page 3385 of the Public Records of Dade County, Florida. D. WHEREAS, the Agreement provides, among other things, that completion of the construction on the Property was to be completed within twelve (12) months from the date of the Agreement. E. WHEREAS, the General Mortgage and specifically, Paragraph 27 thereof, provides that MORTGAGOR may not further encumber the Property without GENERAL's prior express written consent. F. WHEREAS, BORRROWER has requested that BARNETT extend a loan (the "Loan") to BORROWER to provide additional funds for the completion of the construction on the Property, which Loan shall be secured by, among other things, a leasehold mortgage encumbering BORROWER's leasehold interest in the Property (the "Leasehold Mortgage"), which Leasehold Mortgage shall be a second Mortgage on MORTGAGOR's leasehold interest on the Property inferior to the General Mortgage. - Page 1 - G. WHEREAS, MORTGAGOR has requested that the CITY consent to the Leasehold Mortgage. H. WHEREAS, BARNETT is agreeable to entering into the Loan with BORROWER, provided that GENERAL modify the terms of the General Mortgage and consent to the Leasehold Mortgage, and provided that the CITY execute this Agreement to evidence its consent to the Leasehold Mortgage and extend the time for the completion of construction on the Property to November 1, 1988, and extend the time for completion of sandblasting and painting of the exterior walls of the building to thirty (30) days after the date of this Consent Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by, it is agreed between the parties as follows: 1. The foregoing recitations are true and correct and are incorporated herein as if set forth in their entirety. 2. GENERAL represents and warrants that, as of the date hereof, MORTGAGOR and/or BORROWER are not in default under the terms and provisions of the General Mortgage or the Note secured thereby, and that as of the date hereof, GENERAL has not received from the Lessor under the Lease, any notices of any defaults by MORTGAGOR under the terms and provisions of the Lease. 3. The CITY represents and warrants that, as of the date hereof, MORTGAGOR and/or GENERAL are not in default under the terms and provisions of the Agreement. 4. GENERAL hereby agrees to provide BARNETT with written notice of any default by MORTGAGOR and/or BORROWER under the General Mortgage or the Note secured thereby. GENERAL by its execution hereof, hereby agrees that BARNETT shall have a reasonable period of time after its receipt of such notice within which to cure any such defaults. 5. In the event BARNETT cures any such defaults on behalf of MORTGAGOR and/or BORROWER, the General Mortgage and the Note secured thereby shall be reinstated and shall continue in good standing. 6. GENERAL further agrees to provide BARNETT with written notice upon its receipt of any notices of any defaults by MORTGAGOR under the Lease received by GENERAL. . The CITY hereby agrees to provide BARNETT with written notice of any default by MORTGAGOR and/or GENERAL under the Agreement. The CITY, by its execution hereof, hereby agrees that BARNETT shall have thirty (30) days after its receipt of such notice within which to cure any such defaults. - Page 2 - 8. In the event BARNETT cures any such defaults on behalf of MORTGAGOR and/or GENERAL, the Agreement shall continue in good standing. 9. Notwithstanding anything contained herein to the contrary, BARNETT shall not be obligated to cure any defaults or to perform any actions on behalf of or for BORROWER or MORTGAGOR or GENERAL under the General Mortgage or Note or under the Agreement. 10. All notices to be given pursuant to this Agreement shall be deemed given if hand delivered or sent by certified mail to the parties as follows: IF TO GENERAL FEDERAL: 1200 Ponce de Leon Blvd. Coral Gables, Florida 33134 Attn: Eric Weinstein, Vice President IF TO BARNETT: 701 Brickell Avenue Miami, Florida 33131 Attn: Olimpia Elias, Assistant Vice President IF TO MORTGAGOR/BORROWER: YRBIT, S.A. a Panamanian corporation and JOSE A. HERRERA c% JOSE A. HERRERA 1848 N.W. 16th Street Miami, Florida 33125 IF TO CITY: CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Manager 11. GENERAL, by its execution hereof, does hereby consent to the Leasehold Mortgage and agrees that same shall not constitute an event of default under the General Mortgage. 12. The CITY, by its execution hereof, does hereby consent to the Leasehold Mortgage, and hereby extends the time for completion of the construction on the Property to November 1, 1988, and completion of the sandblasting and painting of the exterior walls of the building to thirty (30) days after the date of this Consent Agreement, and agrees that same shall not constitute an event of default under the Agreement. 13. All terms, covenants, conditions, representations and warranties contained herein, shall survive the execution hereof and shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto hereunto affixed their hands and seals this 5 tf1ay of May , 1988. Witnessed By: GENERALBANK, a Federal Savings Bank i y BY: h As Its: Vice President j 1 1 - Page 3 - . fOtM APPROVED LEGAL DEPT. 61454;:-2 ,/ CITY o H Date -57.f: gl W,/,) Byoe Attest : As NS: Mayor City Clerk 5/5f88 BARNETT BANK OF SOUTH FLORIDA, N.A. By: As Its: YRBIT, S.A., a Panamanian corporation • JOSE A. HERRERA, President ts.pt. CMovu,u, �r JOSS- . HERRERA, hid dually 244.— STATE OF FLORIDA ) )ss: COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared, as a Vice President of GENERALBANK, a Federal Savings Bank, who, being first duly sworn, acknowledged before me that s/he executed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal at said County and State, this day of 1988. NOTARY PUBLIC, State of Florida My Commission Expires: STATE OF FLORIDA ) )ss: COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared, A (€ 0a614 as a fitaV0/- of THE CITY OF MIAMI BEACH, who, being first duly sworn, acknowledged before me that s/he executed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal at said County and State, this S day of __11/2_4 , 1988. ecer--":NOTARY PUBLIC, State of Florida My Commission Expires: r NOTA 0Y rU!MC ",I. C7 FL7! NY COMM= S='�� E;+ . 1 2 , 11 4\ �� BONDED TNRU GENEPAL b.. . - Page 4 - STATE OF FLORIDA ) )ss- COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared, as a of BARNETT BANK OF SOUTH FLORIDA, N.A., who, being first duly sworn, acknowledged before me that s/he executed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal at said County and State, this day of 1988. NOTARY PUBLIC, State of Florida My Commission Expires: STATE OF FLORIDA ) )ss: COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared, JOSE A. HERRERA, individually and as the President of YRBIT, S.A., a Panamanian corporation, who, being first duly sworn, acknowledged before me that he executed the foregoing instrument for the purposes therein expressed. .ivit_ WITNESS my hand and official seal at said County and State, this 5t-day of , 1988. 6,44t ) C . A\. . i _i ) NOTARY PUBLIC, to of Florida My...Commission Expires;_ t niA nY i"n iC S S I+c CF f•!f1RIDA •• rY c,;;A;n'vA is X P. V:7 15,1°91 . - Page 5 - LRC/aa37/0406-25 ORIGINAL RESOLUTION NO. 88-19237 (Approving a consent and ratification of sibsidy agreement for the rehabilitation of the Palm Court Apartments)