Construction Lien Aff. #31/32
t, / I
CONSTRUCTION LIEN, GAP, AND POSSESSION AFFIDAVIT
BEFORE the undersigned authorities, duly qualified to take acknowledgments and
administer oaths within the applicable state, personally appeared Seymour Gelber (the
"Affiant"), as Chairman of Miami Beach Redevelopment Agency, a public body corporate
and politic (the "Agency"), on behalf of such public body, who, having been first duly
sworn, deposes and says for this affidavit dated as of the ~ day of September, 1996
(the "Affidavit"):
1. The Agency is the owner of that certain property described on Exhibit "A"
attached hereto and made a part of this Affidavit (the "Property").
2. Any and all labor, materials, ana supplies ordered by the Agency which have
been furnished, used, or applied upon the Property within the past ninety (90) days have
been fully paid for and discharged or provisions have been made therefor. There are no
construction, materialman's, or laborer's liens against the Property, or any part thereof,
and no contractor, subcontractor, laborer, or materialman, engineer, architect, landscape
architect, or land surveyor has any lien or right to a lien against the Property, or any part
thereof.
3. There is no.other person (other than Agency) with a claim to possession of
the Property, except for MB Redevelopment, Inc., a Florida corporation ("MB") pursuant to
that certain Agreement of Lease entered into with the Agency dated the date hereof (the
"Lease").
4. This Affidavit is made for the purpose of inducing Chicago Title Insurance
Company to issue a leasehold policy and a loan policy with respect to the Lease and the
loan with Bankers Trust Company, as agent for various lenders for the construction of the
hotel secured by a mortgage on MB's leasehold interest in the Property.
5. There is no action or proceeding before any court, quasi-judicial body, or
administrative agency which could affect Agency's title to the Property or the right or
power of the Agency to enter into the Lease with MB.
6. To the best of Agency's knowledge, there has been no change in title to the
Property from and after September 12, 1996, at 2:30 p.m., and the Affiant knows of no
matters pending which could give rise to a lien that would attach to the Property, and
further, the Affiant has no knowledge of, have not executed, and covenants not to execute
any instrument that would adversely affect title to the Property from the date and time
referenced above through the date of recordation of the Lease. The Agency hereby
agrees to indemnify and hold harmless Chicago Title Insurance Company from any loss it
may suffer as a result of any change in title to the Property caused by the Agency from the
date and time referenced above through the date of recordation of the Lease.
7. Affiant further states that he is familiar with the nature of an oath and with
penalties as provided by the laws of the applicable states for falsely swearing 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.
MIAMI BEACH REDEVELOPMENT AGENCY
ATTEST:
BY:~OW PtlA-d,1A-
obert Parcher, Secretary
STATE OF FLORIDA
)
)ss:
)
COUNTY OF DADE
~
The foregoing instrument was acknowledged before me this ;;2 () day of
September, 1996, by Seymour Gelber, as Chairman, and Robert Parcher, as Secretary, of
the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic, on
behalf of such public body. They are personally known to me or produced valid Florida
driver's licenses as identification.
:;
lie, State of Florida
Pod~~lf
My commission expires:
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAl~?~~E~ ,
By 4tt ~
Date r~o/%
MI962630.069
-2-
EXHIBIT "A"
LEGAL DESCRIPTION
HOTEL LEGAL DESCRIPTION
PAACEL I:
LOTS 1, 2. 17 AND 18, BLOCK 55, FISHER'S FIRST SUBDIVISION OF Al. TON BEACH,
ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE
PUBLIC RECORDS OF D.6DE COUNTY. FLORIDA, LESS THAT PAAT OF lOTS 2 ANO
17 LYING NORTH OF A LINE. WHICH SAID LINE IS lOCATED AND DESCRIBED AS
FOllOWS:
BEGIN AT THE NORTHWEST CORNER OF lOT 16, BLOCK 55. FISHER'S FIRST
SUBDIVISION OF AlTON BEACH, THENCE RUN SOUTHWESTERLY AlONG THE
WESTERL Y LINE OF SAID LOTS 16 AND 17 FOR A DIST AJIICE OF 72 FEET TO A
POINT, SAlO POINT BEING THE POINT OF BEGINNING OF THE LINE BEING
DESCRIBED; THENCE EASTERLY PARAlLEL TO THE NORTHERLY LINE OF lOT 16
AND LOT 3, BLOCK 55 OF FISHER'S FIRST SUBDIVISION OF At.. TON BEACH FOR A
DIST ANCE OF 400 FEET TO A POINT IN THE EASTERLY LINE OF lOT 2, OF SAID
BLOCK 55. F'ISHER'S FIRST SUBDIVISION OF ALTON BEACH.
A.S TO LOTS 2 AND 17, SAID PROPERTY MAY AlSO BE DESCRIBED AS LOTS 2 AND
17, LESS THE NORTH 21.3 FEET THEREOf, IN BLOCK 55, AI.. TON BEACH FISHER'S
FIRST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 2, AT PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL II:
PARCEL OF' LAND lYING BETWEEN BLOCK 55, OF FISHER'S FIRST SUBDIVISION OF
Al TON BEACH. ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT
PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND THE HIGH
WATER MARK OF THE ATLANTIC OCEAN, WHICH SAID PARCEL OF' LAND IS
P~T1CUL~L Y DESCRIBED AS FOLLOWS:
8EGI~ AT THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 55. FISHER'S FIRST
SUBDIVISION OF Al TON BEACH, THENCE RUN NORTHERLY ALONG THE
EASTERL Y LINE OF LOT 1 AND LOT 2 OF SAID BLOCK 55, FISHER'S FIRST
SUBDIVISION OF At.. TON BEACH A DISTANCE OF 102.2 FEET MORE OR LESS TO A
POINT IN THE EASTERLY LINE OF SAID lOT 2. WHICH SAID POINT IS 72 FEET
SOUTH OF THE NORTHEAST CORNER OF LOT .3 OF SAID BLOCK 55 OF F'lSHER'S
FIRST SUBDIVISION OF' ALTON BEACH; THENCE RUN IN AN EASTERL Y DIRECTION
AlONG A LINE PARAlLEL TO THE EASTERLY EXTENSION OF THE NORTH LINE OF
SAJD LOT J. TO THE HIGH WATER MARK OF' THE ATLANTIC OCEAN; THENCE RUN
IN A SOUTHERL Y DIRECTION ALONG THE HIGH WATER MARK OF' THE ATLANTIC
OCE AN A DIS T ANCE OF 102.2 FEET MORE OR LESS TO A POINT ON SAID HIGH
WATER MARK or THE ATLANTIC OCEAN WHICH IS THE INTERSECTION WITH THE
E ASTERL Y EXTENSION OF THE SOUTHERLY LINE OF SAID lOT 1; THENCE IN A
WESTERL Y DIRECTION ALONG THE EASTERLY EXTENSION OF SAID SOUTH LINE OF' LOT 1 TO THE POINT OF' BEGINNING.
1 of ;. '3
HOTEL LEGAL DESCRIPTION
PARCEL 11/:
LOTS 3 AND 16 AND THE NORTH 21.3 FEET (AS MEASURED AlONG LOT LINES) OF
LOTS 2 AND 17, BLOCK 55, FISHER'S FIRST SUBDIVISION OF AlTON BEACH,
ACCORDING TO THE PLAT THEREOF AS FILED FOR RECORD IN PLAT BOOK 2,
PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. TOGETHER
WITH: THAT CERT AlN PARCEL OF LAND L VING EAST OF AND ADJACENT TO THE
LAND DESCRIBED ABOvE; SAID LAND BOUNDED ON THE SOUTH BY THE SOUTH
LINE OF THE ABOVE DESCRIBED PARCEL EXTENDED EASTERL Y BOUNDED ON
THE NORTH BY THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL EXTENDED
EASTERL Y BOUNDED ON THE EAST BY THE MEAN HIGH WATER LINE OF THE
ATLANTIC OCEAN AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS
2 AND 3 AFOREMENTIONED.
PARCEL IV:
LOTS 9, 10, 11, 12 AND NORTH Yz OF LOT 8 AND THE NORTH Y2 OF LOT 13, BLOCK
56 OF FISHER'S FIRST SUBDIVISION OF ALTON BEACH FLORIDA. A SUBDIVISION IN
FRACTIONAl SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
PARCEL V:
BEGINNING AT THE NORTHEAST CORNER OF LOT 9, IN BLOCK 56 OF FISHER'S
FIRST SUBDIVISION OF ALTON BEACH, AS THE SAME IS SHOWN MARKED AND
DESIGNATED ON A PLAT OF SAID SUBDIVISION, RECORDED IN PLAT BOOK 2, AT
PAGE 77, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN .AND FOR DADE
COUNTY, FLORIDA; THENCE RUN IN AN EASTERLY DIRECTION AlONG THE
NORTH LINE OF LOT 9 OF BLOCK 56, PRODUCED TO THE HIGH WATER LINE Of
THE ATLANTIC OCEAN; THENCE RUN IN A SOUTHERLY DIRECTION MEANDERING
SAID HIGH WATER LINE A DISTANCE OF 76.05 FEET PLUS OR MINUS TO A POINT,
SAID POINT BEING AT THE INTERSECTION OF THE LAST MENTIONED COURSE
WITH THE CENTER LINE OF LOT 8 OF BLOCK 56 PRODUCED TO THE HIGH WATER
LINE OF THE ATLANTIC OCEANi THENCE RUN IN A WESTERLY DIRECTION AlONG
SAID CENTER LINE OF LOT 8, BLOCK 56 PRODUCED TO THE HIGH WATER LINE OF
THE ATLANTIC OCEAN. THENCE RUN IN A WESTERLY DIRECTION AlONG SAID
CENTER LINE OF LOT 8, BLOCK 56 PRODUCED TO THE EAST LINE OF BLOCK 56, AT
ITS INTERSECTION WITH THE CENTER LINE OF LOT 8, IN BLOCK 56. THENCE RUN
IN A NORTHERLY DIRECTION AlONG SAID EAST LINE OF BLOCK 56, A DISTANCE
OF 76.05 FEET PLUS OR MINUS TO A POINT OF BE,GINNING.
2 of jt '3
HOTEL LEGAL DESCRIPTION
PARCEL VI:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 10, IN BLOCK 56 AS SHOWN 8'(
THE PLAT ENTITLED "FISHER'S FIRST SUBDIVISION Of' AL. TON BEACH", S~D PLAT
BEING RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; RUN IN A NORTHERL Y DIRECTION ALONG THE EAST
LINE OF S~D LOT 10, A DIST ANCE 01=" 50.7 FEET TO THE NORTHEAST CORNER OF
LOT 10; THENCE RUN IN AN EASTERL'( DIRECTION ALONG THE NORTH LINE OF
SAID LOT 10, PRODUCED EASTERL,( TO THE HIGH WATER LINE OF THE ATLAN'iI:
OCEAN: THENCE RUN IN A SOUTHERLY DIRECTION, MEANDERING SAID HIGH
WATER LINE A DISTANCE OF '50.7 FEET, PLUS OR MINUS, TO A POINT; THENCE
RUN IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF LOT 10, IN BLOCK
56, PRODUCED EASTERLY, TO THE POINT OF BEGINNING.
PARCEL VII:
THE SOUTH '12 OF LOTS 8 AND 1.3 AND ALL OF LOTS 7 AND 14, LESS THE SOUTH
12.65 FEET OF SAID LOTS 7 AND 14, TOGETHER WITH THAT PIECE OF PARCEL OF
LAND LYING BETWEEN THE NORTH AND SOUTH BOUNDARIES OF SAJD
PROPERTY EXTENDING EASTWARD TO THE ATLANTIC OCEAN, ~L LYING AND
BEING IN BLOCK 56, OF FISHER'S F'IRST SUBDIVISION OF' At. TON BEACH,
ACCORDING TO THE PLAT THEREOf', AS RECORDED IN PLAT BOOK 2, AT PAGE 77,
OF THE PUBLIC RECORDS OF DADE COUNTY, F'LORIDA.
PARCEL VIII:
THA T PORTION OF' AVENUE C CAlKI A 16TH STREET> AS SHOWN IN F'ISHER'S F'IRST
SUBDIVISION OF At. TON BEACH, RECORDED AT PLAT BOOK 2, AT PAGE 77, OF' THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND ITS EASTERLY EXTENSION
BOUNDED ON THE WEST BY THE EASTERLY RIGHl-OF-WAY LINE OF' COLLINS
AVENUE AND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE. ALL OF
WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE, AT THE NORTHWEST CORNER Of' LOT 11, BLOCK 56, FISHER'S FIRST
SUBDIVISION OF AI.. TON BEACH, PLAT BOOK 2. AT PAGE 77. Of THE PUBLIC
RECORDS OF DADE COUNTY. FLORIDA. SAID POINT BEING THE POINT OF
BEGINNING: THENCE NORTH 88 DEGREES 00 MINUTES 49 SECONDS EAST AlONG
THE NORTH LINE OF SAID BLOCK 56 AND ITS EASTERLY EXTENSION FOR A
DIST ANCE OF 576.20 FEET TO THE POINT OF INTERSECTION WITH THE EROSION
CONTROL LINE OF THE ATLANTIC OCEAN: THENCE NORTH 8 DEGREES 54
MINUTES 5.3 SECONDS EAST, ALONG THE EROSION CONTROL LINE FOR A
DIST ANCE OF 71.28 FEET TO THE POINT OF INTERSECTION WITH THE EASTERL Y
EXTENSION OF THE SOUTH LINE OF BLOCK 55 OF THE ABOVE MENTIONED
FISHER'S FIRST SUBDIVISION OF ALTON BEACH: THENCE SOUTH 88 DEGREES 00
MINUTES 49 SECONDS WEST, ALONG THE SOUTH LINE Of' SAID BLOCK 55 AND ITS
EASTERL Y EXTENSION FOR A DIST ANCE OF 577.88 FEET TO THE POINT OF
INTERSECTION WITH THE EASTERLY RIGHT -OF -W AY OF COLLINS AVENUE:
THENCE SOUTH 07 DEGREES .35 MINUTES 04 SECONDS WEST,AlONG THE
EASTERL Y RIGHT-OF-WAY LINE OF COLLINS AVENUE FOR A DISTANCE OF 70.98
FEET TO THE POINT OF' BEGINNING.
3 of ;.3
.J('J
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CONSTRUCTION LIEN, GAP, AND POSSESSION AFFIDAVIT
BEFORE the undersigned authorities, duly qualified to take acknowledgments and
administer oaths within the applicable state, personally appeared Seymour Gelber (the
"Affiant"), as Chairman of Miami Beach Redevelopment Agency, a public body corporate
and politic (the "Agency"), on behalf of such public body, who, having been first duly
sworn, deposes and says for this affidavit dated as of the ZO day of September, 1996
(the "Affidavit"):
1. The Agency is the owner of that certain property described on Exhibit "A"
attached hereto and made a part of this Affidavit (the "Property").
2. Any and all labor, materials, and supplies which have been furnished, used,
or applied upon the Property within the past ninety (90) days have been fully paid for and
discharged or provisions have been made therefor. There are no construction,
materialman's, or laborer's liens against the Property, or any part thereof, and no
contractor, subcontractor, laborer, or materialman, engineer, architect, landscape
architect, or land surveyor has any lien or right to a lien against the Property, or any part
thereof.
3. There is no other person (other than Agency) with a claim to possession of
the Property, except for those tenants listed on Exhibit "B" attached hereto and made a
part hereof and MB Redevelopment, Inc., a Florida corporation ("MB") pursuant to that
certain Garage Easement Agreement between the Agency and MB dated the date hereof
(the "Easement").
4. This Affidavit is made for the purpose of inducing Chicago Title Insurance
Company to issue a leasehold policy and a loan policy with respect to the Hotel Property
which provides coverage for the Easement on the Property.
5. There is no action or proceeding before any court, quasi-judicial body, or
administrative agency which could affect Agency's title to the Property or the right or
power of the Agency to grant the Easement to MS.
6. To the best of Agency's knowledge, there has been no change in title to the
Property from and after September 12, 1996, at 2: 30 p.m., and the Affiant knows of no
matters pending which could give rise to a lien that would attach to the Property, and
further, the Affiant has no knowledge of, has not executed, and covenants not to execute
any instrument that would adversely affect title to the Property from the date and time
referenced above through the date of recordation of the Easement. The Agency hereby
agrees to indemnify and hold harmless Chicago Title Insurance Company from any loss it
may suffer as a result of any change in title to the Property caused by the Agency from the
date and time referenced above through the date of recordation of the Easement and for
any outstanding pending assessments against the Property by any governmental
authority, and any unpaid assessments or unpaid service charges outstanding for gas,
water, garbage or sewerage services with respect to the Property or any portion thereof.
7. Affiant further states that he is familiar with the nature of an oath and with
penalties as provided by the laws of the applicable states for falsely swearing 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.
MIAMI BEACH REDEVELOPMENT AGENCY
ATTEST:
By:J<O~ f~
Robert Parcher, Secretary
)
)ss:
COUNTY OF DADE )
~
The foregoing instrument was acknowledged before me this 20 day of
September, 1996, by Seymour Gelber, as Chairman, and Robert Parcher, as Secretary, of
the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic, on
behalf of such public body. They are personally known to me or produced valid Florida
driver's licenses as identification.
STATE OF FLORIDA
" ~) krJa ,z;
Notary ublic, State of Florida
My commission expires:
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAL COUN EL
By
Date
9/-;..0/96
, ,
MI962630.070
-2-
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
Lds 8.9,10./1,12 and 13, Block 5!,Flster's Flrst SubdIvIsIon of .Alton Beacn.accordlng to tte
Plat ttersof,as recorded !n Plat Book 2.Page Tl at tte PublIc Records at Dade COUrrty,Flor!da,
togtihBr with 0/1 of 16th Stret!l' (Avef'I.JtJ 'C-Uass and except tte fol/0II1ng descrIbed fXJrcel:
BEGINNING at tte SouthNest cornsr of Block 54 {f sold Flsl"ttJrs Flrst Subdlvlslon at Alton
B80cJf Plat: tfrJnctJ North 8l! (Y 53- East along tte South Ilns cf $Old Block 54.0 dIstance of
443.D8 '..fo fte Soutl18ost cornsr of sold Block 54: ttence South ar 35~ (H West. a dIstance at
96.26 f~.to a poIrt (J{ cusp with a tangtJlt curve COOO(MJ to th!J Soutl1N8st: th8rce along tte arc of
sold curve to fte left.htNlng a radIus rf 25lXJ f8ti and a certral angle rf 9(700' (Xl. on ore dIstance
of 3927 f..to a point (f tangenGy:th!Jnce North 8Z 24' 5Z-West.a dIstance cf 2475 f.:ftence
South 8/r 00' 5JW West along a If ns 8/x) f 8ti North of and parallel with. as f11t!Jt1sured at r Igft angles
to fre North Ifns of Block 57 (f sold plat.a dIstance (f 38218 f~ to a poIrt on tte Easterly Rlgtt
-of -Way If,.", (J{ Wasfington NenutJ: t/'ence North or 59' If West along sold Easff!Jrty Rlgft-of-
Ww lIns.a dIstance (J{ 62J)() ffJI!!Jf to fte SouthNest corntJr of saId Block 54 and tte Point of begInnIng.
Sold lands lyIng and beIng In fte CIty af Ulaml Beach and contaInIng 65!}10 square feet 05131
kresJ more or less.
EXHIBIT "B"
LIST OF TENANT
GARAGE SITE
RELOCATION RECAP AS OF 9n.O/96
IS'S W..hintPtoD Ave (JlIltiee oUbe Peace Bulldinll\ A, 019120/96
Remalninl Oecupled ResldcntiallJnit.:
6
Unit #- I
Unit #2
Unit #8
Unit #11
Unit #15
Unit #C
Eddie Tellez
Alice Yaya
Schmidt/Gidley
Glorida Rodriguez
R. Maharaj
Donna Gibbs
Remaininc Occupied BusinClles:
Pete's Hogies
Sunset Beach Clothing Store
2
lS81and IS8' W..hiaC!on Ave {Anchor Hoten AI 019/20/96
RemainiDI Occupied Residential Uaita: 3
Raymond Miller
Armando Lopez
Ouillenno Pol (Owner-occupant)
Remaininl Occupied Bu.in.lea: 3
Liquor Store (Guillermo Pol, OwDer-Occopant)
Lincoln Pizza
Viamar Market