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95-21635 Reso • RESOLUTION NUMBER 95-21635 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RELEASE AND SATISFACTION OF SUBSIDY AGREEMENT, IN SATISFACTION OF ALL TERMS AND CONDITIONS OF THE SUBSIDY AGREEMENT, DATED JUNE 29, 1992, FOR THE PENN PLAZA APARTMENTS LOCATED AT 1027 PENNSYLVANIA AVENUE. WHEREAS, on June 29, 1992, the City of Miami Beach entered into a Subsidy Agreement (Agreement) with Jade Manor, Ltd., a Florida Limited Partnership (Owner), and with BankAtlantic (Lender), for the Penn Plaza Apartments, located at 1027 Pennsylvania Avenue (Property); and WHEREAS, the Agreement provided that the City would deposit certain funds to make available an interest subsidy to encourage the rehabilitation of the Property, in return for which assistance the Owner agreed to offer certain of the units at reduced rental rates for a period of years to make available affordable housing; and WHEREAS, Owner and Lender have complied in all material respects with the terms and conditions of the Agreement, and the required term of years for reduced rental rates has now elapsed; and WHEREAS, the Administration requests that the attached Release and Satisfaction of Subsidy Agreement be executed by the Mayor and City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute the attached Release and Satisfaction of Subsidy Agreement, in satisfaction of all terms and conditions of the Subsidy Agreement dated June 29, 1992, for the Penn Plaza Apartments located at 1027 Pennsylvania Avenue. PASSED AND ADOPTED THIS 12th DAY OF J, y , 1995. .A 4ah ,I / MAYOR ATTEST: ce CITY CLERK FORM APPROVED \RESO\PENNPLZA.RES De t By s Date 7-5 /5 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.535-1. TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 12, 1995 FROM: Jose Garcia-Pedrosa / City Manager // SUBJECT: THREE (3) RE .LUTIONS OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: EACH AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A RELEASE AND SATISFACTION OF SUBSIDY AGREEMENT COVERING ONE OF THE FOLLOWING PROPERTIES: BROMPTON MANOR APARTMENTS, 1017 JEFFERSON AVENUE, PENN PLAZA APARTMENTS, 1027 PENNSYLVANIA AVENUE, AND SHERIDAN APARTMENTS, 737 JEFFERSON AVENUE. ADMINISTRATION RECOMMENDATION To adopt the attached revised Resolutions authorizing and directing the Mayor and City Clerk to execute three (3) Release and Satisfaction of Subsidy Agreement forms, acknowledging the fulfillment of the terms and conditions of the agreements which relate to each individual property. BACKGROUND: On April 20, 1994, the City Commission approved the issuance of three (3) Release and Satisfaction of Subsidy Agreements under the City's Multi-Family Rehabilitation Program, as follows: Resolution No. 94- 21129, relating to the Brompton Manor Apartments, Resolution No. 94-21130, relating to the Sheridan Apartments,and Resolution No.94-21131, relating to the Penn Plaza Apartments. Following City Commission approval, a typographical error was discovered which created a problem in recording these documents into the public records. In order to correct an error in the description of the Subsidy Agreements being released, it is necessary to re-approve the three (3) Release and Satisfaction of Subsidy Agreements, to properly remove the liens created by the existing Subsidy Agreements from the public records, therefore new Resolutions and the related Release and Satisfaction of Subsidy Agreement for each are attached for your approval. CONCLUSION: It is recommended that the Mayor and City Commission adopt the attached three (3) Resolutions of the Mayor and City Commission of the City of Miami Beach, Florida: each authorizing and directing the Mayor and City Clerk to execute a Release and Satisfaction of Subsidy Agreement covering one of the following properties: Brompton Manor Apartments, 1017 Jefferson Avenue, Penn Plaza Apartments, 1027 Pennsylvania Avenue, and Sheridan Apartments, 737 Jefferson Avenue. JG-P/CAH CAH\\RESO\BROMPTON.MEM AGENDA ITEM DATE -I Z"�_� • This instrument prepared by: Raul Aguila, First Asst. City Atty. 1700 Convention Center Dr. Miami Beach, FL 33139 RELEASE AND SATISFACTION OF SUBSIDY AGREEMENT The CITY OF MIAMI BEACH releases BANKATLANTIC and JADE MANOR, LTD., their successors and assigns from any and all obligations under the terms of that certain agreement captioned: "SUBSIDY AGREEMENT", dated the 29th day of June, 1992, and recorded on July 9, 1992 in the Official Records of Dade County at O.R. 15581, Page 3545, which instrument affects the following described real property: Lot 12, Block 36, Ocean Beach Addition No. 3, according to the Plat thereof as recorded in plat book 2, page 81 of the Public Records of Dade County, Florida, also described as the "Penn Plaza Apartments". And satisfies any and all obligations under the terms of such instrument and does hereby direct the Clerk of the Circuit Court, Dade County, Florida to cancel such instrument of record. ,I IN WITNESS WHEREOF, this instrument has been executed on 'is day of ,__ , 1995. 111, CITY OF MIA : ACH / BY: I`► i� Seymour Gelber, Mayor 1700 Convention Center Drive Miami Beach, FL 33139 ATTEST: $' `� Tv....A.,..,,A, C_ - &Nri, RICHARD BROWN, CITY CLERK STATE OF FLORIDA) SS) COUNTY OF DADE) I hereby certify that on this day before me, an officer duly qualified to take acknowledgements, personally appeared SEYMOUR GELBER, as Mayor of the City of Miami Beach. Who is personally known to me, and did not take an oath. Witness my hand and official seal this QV, day o,l. L__ 1995. / / . 7,r),0)1.41.4,g__ N ARY PUBLIC, State of Florida Co mission Ns er.._ 4-4 (D '5 My Commission Expires: yC-a?—”' FORM APPROVED* Dept �uolrfi rawu \RESO\PENNPLZA.REL �~ 4: A.,,. MY COMMISSION N OC 448852 By '?„a: F. EXPIRES:April 28,1999 Bonded fire Notary Public Underwriters Date. " 5" `�