Loading...
Memorandum Of Ground Lease AgreementThis Instrument Prepared By, Record and Return to: Steven D. Gonzalez, Esq. Weinberg Wheeler Hudgins Gunn & Dial 3350 Virginia Street, Suite 500 Miami, FL 33133 2021-31554 2.0 22- 32 0 53 2.0 2 2 - 32 4 1 1 20 23- 32 6 1 9 2022-320 3 MEMORANDUM OF GROUND LEASE AGREEMENT THIS Memorandum of Ground Lease Agreement ("Memorandum") is dated as of this 1 st day of June, 2023, by City of Miami Beach, Florida ("Landlord") and CFC-MB I, LLC, an Arizona limited liability company ("Tenant"). WITNESSETH: 1. Landlord, on the one hand, and Tenant, on the other hand, have entered into that certain Ground Lease Agreement, dated as of June 1, 2023 (the "Lease"). 2. Premises. Pursuant to the Lease, Landlord leases the following premises ("Premises") to Tenant: 224 23rd Street, Miami Beach, FL 33139, as more particularly described in Exhibit "A" attached hereto. 3. Term and Renewal. The term of the Lease commenced on June 1, 2023, and terminates on May 31, 2073, and the Tenant has the right of two twenty (20) year renewals, provided that the Lease is in good standing. All terms of the Lease are incorporated herein by reference. 4. No Purchase Option. Tenant has no option to purchase the Premises. 5. Florida Statutes, Section 713.10. Pursuant to Florida Statutes, Section 713.10, all persons dealing with Tenant relating to the Premises are hereby given notice that Landlord shall not be liable for any work performed or to be performed on the Premises for Tenant, and that Tenant has no authority whatsoever to subject Landlord's interest in the Premises to any liens for labor, service or materials provided to Tenant. All materialmen, contractors, mechanics and laborers, and any other persons contracting with Tenant for the demolition, construction, installation, alteration or repair of any improvements on, within or about the Premises, are hereby further charged with notice that they must look only to the Tenant and to any such Tenant's interest in the Premises to secure payment for any work done or material furnished at the request or instruction of Tenant. 6. Purpose. The sole purpose of this instrument is to give notice of the Lease. In the event of any inconsistency between this Memorandum of Lease and the Lease, the Lease shall control. IN WITNESS WHEREOF, the Landlord and the Tenant have caused this MEMORANDUM OF GROUND LEASE AGREEMENT to be duly executed in duplicate counterparts each of which shall be deemed to be an original, the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: e m e Print Name: ATTEST LANDLORD: CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation By; '.. T tna T •NUJ qr , City Manager Approved for form and legal sufficiency JUN — 5 ?Q�3 By:_/9 By: Ci Clerk r�v- City Attorney STATE OF FLORIDA ) MIAMI-DADE COUNTY The foregoing instrument was sworn to and subscribed before me by means of [ ] physical presence or [ ] online notarization thisAay of June, 2023, by j 109 � k , City Manager of theeCi of Miami Beach, a Florida municipal corporation, who xj is personally known or [ ] has produced � v/as identification. She, as such officer and with full authority, executed the same voluntarily for and as the act of the City of Miami Beach. Commission Expires: 9 _1S .2 '.c GUADALUPE C. RAMOS ,= MY COMMISSION I GG 985873 EXPIRES: September 8, 2024 Sondod Thru Notary Public UndemmTs 2 umber: �G 9�5FO ....... CORP DDRATED:' TENANT CFC-MB I, LLC, an Arizona limited liability company By: Community Finance Corporation, an Arizona nonprofit corporation, its sole member By: Name: Michael S. Hammond Its: President STATE OF § COUNTY § The foregoing instrument was sworn to and subscribed before me by means of [ ] physical presence or [ ] online notarization this _ day of June, 2023, by Michael Hammond, President of Community Finance Corporation, an Arizona nonprofit corporation, the sole member of CFC-MB I, LLC, a Florida limited liability company, who [ ] is personally known or [ ] has produced as identification. He, as such officer and with full authority, executed the same voluntarily for and as the act of said CFC-MB I, LLC. GIVEN UNDER MY HAND AND OFFICIAL, NOTARIAL SEAL this day of , 2023. (SEAL) Notary Public My commission expires: 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A PORTION OF LOTS 7,9 AND 11, BLOCK 2, ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY", AS RECORDED IN PLAT BOOK 5 AT PAGE 7 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE NORTHERLY 10 FEETTHEREOF FOR RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE WEST LINE OF SAID LOT 11 ALSO BEING THE EAST RIGHT-OF-WAY LINE OF LIBERTY AVENUE, SOUTH 19°24'55" WEST 10.00 FEET TO POINT OF BEGINNING. THENCE ALONG SOUTH RIGHT OF WAY LINE OF 23rd STREET SOUTH 70°05'35" EAST 150.01 FEET; THENCE ALONG EAST LINE OF SAID LOT 7, SOUTH 19°54'25" WEST 88.56 FEET; THENCE NORTH 70005'35" WEST 14.00 FEET; THENCE SOUTH 19°54'25" WEST 15.14 FEET; THENCE NORTH 70°05'35" WEST 136.01 FEET; THENCE ALONG SAID WEST LINE OF LOT 11 AND SAID EAST RIGHT -OF WAY LINE OF LIBERTY AVENUE, NORTH 19°54'25" EAST 103.70 FEETTO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA. 4