Loading...
Proration Agreement with MBCDC: Lottie Apartments, LLC ©2v1 ag7j Proration Agreement January , 2015 The undersigned, MBCDC: Lottie Apartments, LLC, a Florida limited liability company ("Seller"), whose sole manager and member is Miami Beach Community Development Corporation, Inc., a Florida non profit corporation ("MBCDC") and CITY OF MIAMI BEACH, Florida, a municipal corporation organized and existing under the laws of the State of Florida ("City") enter into this Proration Agreement as of January 9, 2015 ("Closing Date") with respect to the sale/purchase of the Property located at 530 75th „ / Street, Miami Beach, Florida, known as the Lottie Apartments ("Property") and more particularly described as follows: Lot 8, Block 4, the TOWNSITE OF HARDING, according to the Plat thereof, as recorded in Plat Book 34, at Page 4, of the Public Records of Miami-Dade County, Florida. 1. The undersigned parties agree that the City shall receive a credit, as of the closing date of January 8, 2015, in the amount of$9,073.90, based upon the following credits and debits existing as of the Closing Date: Lottie Credits: Rent $2,937.00 Expenses: Management $555.10 Phone Total exp. $555.10 Net Credit $2,381.90 Deposits $6,692.00 Total Due $9,073.90 2. As of this date, Seller has received the rents disclosed in the spread sheet attached hereto and incorporated herein as Exhibit "A". Seller shall forward to the City any subsequent rent checks which are delivered to Seller. 3. Seller further warrants and represents that there are no pending, executory service contracts with respect to the Property and there are no outstanding balances which are due and owing to any vendors, contractors, suppliers or any other lienholders for the Property. 4. Seller will coordinate the cancellation of the water and FPL account, excluding phone or other utility bills ("Utility Bills") with the City. Seller shall pay for any Utility Bills incurred through the date prior to the Closing Date and the City shall be responsible for the Utility Bills incurred from the Closing Date forward. City agrees to pay the Waste bill for January, in the amount of $468.13, at closing and Seller shall pay for the outstanding water bill, in the amount of$1,477.92, at closing. 5. Seller shall assume any master agreements for services, such as phone, etc., and will take the necessary steps to cancel the said services with respect to this particular Property. 6. Seller shall hold the City of Miami Beach harmless and fully indemnify it (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. 7. Any suit, action or proceeding seeking to enforce any provision of or based on any matter arising out of or in connection with this Termination Agreement shall be settled according to Florida law and venue for any action in connection with this Release Agreement shall be in Miami-Dade County, Florida. This Termination Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Termination Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS TERMINATION AGREEMENT, SELLER AND MBCDC EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS RELEASE AGREEMENT. 8. In the event of any litigation arising from this Proration Agreement, the prevailing party shall be entitled to recover attorney's fees and costs incurred therewith. MBCDC: LOTTIE APARTMENTS, LLC, a Florida limited liability company By: Miami Beach Community Development Corporation, Inc., a Florida not-for-profit Corporation, its manager and sole member Attest: By: :tu\\o.Q.),-)a Comae s Belkis Beatriz Cuenca-Barberio Chairman of the Board Executive Director r STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On January I' 2015 before me, the undersigned Notary Public, in and for the State ry 9 rY aforesaid, personally appeared Cornell Crews, as Chairman of Miami Beach Community Development Corporation, Inc., and Belkis Beatriz Cuenca-Barberio, as Executive Director of Miami Beach Community Development Corporation, Inc., as the manager and sole member of MBCDC: LOTTIE APARTMENT , LLC, in the capacity aforestated. They are personally known to me or V have produced duced a valid Florida driver's license as identification. J6 4, //z-- „::.°`..,,,, GISELA NANSON TORRES Notary Public � * (,y% * MY COMMISSION#EE 150933 "oto-' 1 EXPIRES:April 6,2016 • My Commission Expires u�Afa:op pbe' Dande4 Thru DAM Notary Services [Notary Public Seal] THE CITY OF MIAMI BEACH Attest: i By: ■11111W ' 4.11 I ,...exere., Ji I my L.pMorales Raf-el E. Granado Tom, ••� �1.. , Cit Manager City Clerk ='Nr..• b ,i" ...-. 4J/1/1_, ''...L*:..---t.s..://, * INCORP' ORATE=D: t STATE OF FLORIDA ) ,� �•. � :-� l-•) % .....'.6 -47 COUNTY OF MIAMI-DADE \ i ( 1� A.,,. .1 On January f , 2015 before me, the undersigned Notary Public, in and for the State aforesaid, personally appeared Jimmy L. Morales, as the City Manager for the City of Miami Beach, Florida, and Rafael E. Granado, as the City rk of the City of • Miami Beach, Florida, in the capacity aforestated. They are personally known to me or have produced a valid Florida driver's license as identification. q,:i UUACAROIUO •tary Public _t ,? MY COMMISSION#FF 155322 My Commission Expires EXPIRES:August 27,2018 I Bonded TIhru Notary Public Underwriters [Notary Public Seal] APPROVED AS TO FORM & LANGUAGE 3..., (..:Esv..(___& F R EXECUTION, _ , — ,5 City Attorney iy. -( Date 8 8 2 8 8 2 8 2 • N N N W'N N N N N a it Ul T '; C p A f0 Q'C W p 61 Ol � < d p y N �C N y Ls, o d m ^y. 7 of y N m O m m c m 3 T a d� '� mm 3 o.m z- • W V N V V V 00 V Q ' W W O)W W W A W y O G O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , O O m N O'm O O r N N b o N b N N 4•0 0 0 0 0 0 0 0 0 01 0 0 0'0'0 O rn Oi.O o O 0crn o ti O A 1 Z O_ O O G OOO G O O . 'y j m y O �n O.�O O co _ N O N _N N N 0 0 0 0 0°"6 0 0 O O.0 0 0 0 0 0 0 N N N = 9 N J - L7, O O O O O_ m W _N EA d•d1 d1 A d V N V N N 6 0 O O O O `11 0 V V O V O)V V V 3 m 0 0(O 0 0 0 0 O V V N V V V C C 0 0 0 0 0 0 0 0 0 .. 0 0 0 0 0 0 0 0 0 V�T T V T T�� V 0 0 0 0 0 0 0 0 0 O 2 2 S 2 2 Z 2 2 2 O y C M A N N Ot N A N W N �p m S O O � y ' EXHIBIT m Z Z Z Z Z Z Z Z Z N O m 0 0 0 0 0 0 2 ° 0•g m m • W W N W W W W W N Z