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95-21652 RESO RESOLUTION NUMBER 95-21652 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 MORTGAGE, IN SATISFACTION OF ALL TERMS AND CONDITIONS OF THE MORTGAGE AGREEMENT, DATED FEBRUARY 13, 1992, FOR A RESIDENTIAL PROPERTY LOCATED AT 1735 BAY DRIVE, MIAMI BEACH, FLORIDA. WHEREAS, on February 13, 1992, the City of Miami Beach entered into a Mortgage Agreement (Agreement) with Elio Mora and Ofelia Mora, his wife, for certain rehabilitation work funded from the federal Community Development Block Grant (CDBG) Program,for a residential property located at 1735 Bay Drive, Miami Beach, Florida; and WHEREAS, Elio Mora and Ofelia Mora have complied in all material respects with the terms and conditions of the Agreement; and WHEREAS, the Administration requests that the attached Release and Satisfaction of Mortgage 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 Mortgage. PASSED AND ADOPTED THIS 26th DAY OF July , 1995. IV 112111116pb, MAYOR ATTEST: CITY CLERK FORM APPROVED LEGAL DEPT. By Date ._" ' S? CAH\\WP5I\RESO\MORA.RES r • This instrument prepared by: Raul Aguila, First Asst. City Atty. 1700 Convention Center Drive Miami Beach, FL 33139 RELEASE AND SATISFACTION OF MORTGAGE The CITY OF MIAMI BEACH releases ELIO MORA AND OFELIA MORA, HIS WIFE and their successors and assigns, from any and all obligations under the terms of that certain Mortgage agreement captioned: "MORTGAGE", dated the 13th day of February, 1992,and recorded on July 30, 1992 in the Official Records of Dade County at O.R. 15605, Page 0252 et. seq., which instrument affects the following described real property: Lot 23 in Block 28 of MIAMI VIEW SECTION OF THE ISLE OF NORMANDY, PART 1, according to the Plat thereof as recorded in Plat Book 34 at Page 80 of the Public Records of Dade County, Florida; further identified as: 1735 Bay Drive, Miami Beach, Florida. 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. IN WITNESS WHEREOF, this instrument has been executed o this 18th day of • :ust , 1995. CITY OF AM! BEAC By: Ala • o b"—elber, Mayor 1700 Convention Center Drive Miami Beach, FL 33139 ATT ;:a FORM APPROVED JACK LUBIN, CITY CLERK LEGAL DEPT. By . J c.„) STATE OF FLORIDA) 1 _t i-51' SS) Date COUNTY OF DADE) l 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 i� day o )il , 1995. NPti ) Y F lBL , State of Florida td/r(11,l L Uc) ' OFFICIAL NO7 1RY SEP.L Commission A,N NOTARY PUBLIC STATE OF FLORIDA My Commissi n Ex({Srees:;ION NO.CC317882 ?x�' 0%; tO�v r�Z'.rd6.13,1998 J CAH\\WP51\RESOIMORA.REL v_� CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. . Qj°-/-� TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 26, 1995 1 FROM: Jose Garcia-Pedrosa City Manager . '. SUBJECT: AUTHORIZATION FOR HE MAYOR AND CITY CLERK TO EXECUTE A RELEASE AND SATISFACTION OF MORTGAGE COVERING A SINGLE FAMILY HOME OWNED BY ELIO MORA AND OFELIA MORA AT 1735 BAY DRIVE, MIAMI BEACH. ADMINISTRATION RECOMMENDATION: To adopt the attached Resolution authorizing the Mayor and City Clerk to execute a Release and Satisfaction of Mortgage acknowledging the fulfillment of the terms and conditions of the Mortgage, dated February 13, 1992 relating to a single family home located at 1735 - Bay Drive, Miami Beach. BACKGROUND: Under the City's Single Family Rehabilitation Program, certain repairs and improvements were completed to the single-family home located at 1735 Bay Drive in the Normandy Isle section of the City. Under this program, the property owner is required to execute a mortgage agreement which provides that if the property is held by the owner for a three (3) year period and is used as the primary residence during that period, then no repayment is required on the funds advanced for the rehabilitation work. At the end of the three year period, the property owner's obligation to the City is considered completed. On February 13, 1992, the City of Miami Beach entered into an agreement entitled: "MORTGAGE", with Mr. Elio Mora and Ofelia Mora, his wife, owners of the home located at 1735 Bay Drive, this document was recorded on July 30, 1992 at O.R. 15605, page 0252 et. seq. The City's only obligation under this agreement was to pay the costs of certain rehabilitation work in the amount of $17,438.00 from the federal Community Development Block Grant (CDBG) Program funds. The required three year period has now passed with the home remaining with the same owner, and used as their primary residence during that time, as required by the terms of the Mortgage. This agreement has now been fulfilled, and the owner is seeking to record a satisfaction of the Mortgage. ANALYSIS: The City's obligation to the owner has been completed through the payment of the original cost of the rehabilitation work. The owner has fully complied with their obligations, by completing a satisfactory rehabilitation project, and continuously occupying the house for the required three (3) year period. A review of City records indicates that there are no City code enforcement liens outstanding, and no unpaid water bills. City code enforcement officials have been scheduled to inspect the property to ensure that the improvements have been adequately maintained. AGENDA ITEM -17- A DATE !-2.C-9 5 COMMISSION MEMO JULY 26, 1995 PAGE 2 CONCLUSION: It is recommended that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute the attached Release and Satisfaction of Mortgage. JG-P/CAH CA H\\W P5 i\RESO\MORA.M EM