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HomeMy WebLinkAbout31 FIRPTA Mechanic's Lien ~ <ill FIRPTA. GAP. PARTIES-IN-POSSESSION AND MECHANICS'-L1EN AFFIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, personally appeared NEISEN 0, KASDIN ("Affiant"), the Chairman of The Miami Beach Redevelopment Agency, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended (the "Transferor"), who upon being first duly sworn, deposes and says: 1, Transferor is the record title owner of the property more particularly described in Exhibit A attached hereto and made a part hereof (the "Property"), 2, The Property is free and clear of all liens, taxes and encumbrances and claims of every nature, kind and description whatsoever, except for real property taxes for the year 1999 and subsequent years and those matters set forth in the Special Warranty Deed given by Transferor to Transferee (as hereinafter defined) and such other matters as are disclosed in this Affidavit. The foregoing statement is made in reliance on that certain Title Affidavit made by Miami Beach Marina Associates, LId, (the "Marina Lessee") of even date herewith with respect to matters arising by, through or under the Marina Lessee, 3, Transferor has made no improvements, alterations or repairs to the Property, the costs of which remain unpaid, and therefore, no person could claim a mechanics' materialmen's or laborer's lien against the Property arising out of any such improvements, alterations or repairs to the Property made by Transferor, 4, Transferor is in exclusive possession of the Property except only for the rights established by the following license agreements (collectively, the "License Agreements"): (a) Parking License by and among West Side Partners, LId" a Florida limited partnership ("Transferee"), Sun & Fun, Inc" Beachwalk Development Corporation, East Coastline Development, LId" Azure Coast Development, LId" Transferor and the City of Miami Beach, Florida (the "City"), and (b) Improvements License by and among Transferee, the City and Transferor, and the rights of any sublicenses granted under the License Agreements, 5, That there are no matters pending against Transferor which would give rise to a lien that would attach to the Property between May 5, 1999 at 11 :00 p,m, and the date of recording (the "Recording Date") of the Special Warranty Deed vesting title to the Property in Transferee and Transferor has not and will not execute any other documents which would affect the title to the Property prior to the Recording Date, except for any documents which Transferor is required to execute pursuant to the terms and conditions of that certain Settlement Agreement dated April 15, 1998 by and among the City, Transferor and Transferee, as amended on May 20, 1998, July 13, 1998 and September 23, 1998, w . 6, Section 1445 of the Internal Revenue Code provides that a transferee (GRANTEE) of a United States real property interest must withhold tax if the Transferor is a foreign person, To inform Transferee that withholding of tax is not required upon the disposition of the United States real property interest by Transferor, as owner of the Property, Transferor hereby certifies: (a) Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code of 1986, as amended) and Income Tax Regulations supplemental thereto, (b) Transferor's United States office address is: 1700 Convention Center Drive, Miami Beach, Florida 33139, Attention: City Manager, (c) Transferor's United States Employer Identification No. is 59-1949654, Transferor understands that the certifications contained herein may be disclosed to the Internal Revenue Service by the Transferee (GRANTEE) and that any false statement(s) made herein could be punished by fine, imprisonment or both, Under penalties of perjury, Affiant hereby declares that the has examined this Affidavit and further declares to the best of his knowledge and belief, that the statements contained in this Affidavit are true, correct and complete, This Affidavit has been executed and delivered to induce: (i) Transferee to acquire the Property; and (ii) the Title Company to insure Transferee's interest in the Property, Further Affiant sayeth naught. TRANSFEROR: APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION THE MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, FI rida Statutes, as amended 11-~ s1~)}i R men! Agency 00111 . General Counsel By: Name: Neisen 0, Title: Chairman Attest: ~rPu~ Robert Parcher, Secretary .2- . f1., SWORN TO and subscribed before me this j}6 day of May, 1999 by Neisen 0, Kasdin, as Chairman of The Miami Beach Redevelopment Agency, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended, He/sM! is personallv known to me or presented as identification, 1:m~;;~;~rp Notary Public, State of Florida Commission No, ec: '/ !>il3 7~ My commission expires: OFFlClALNCYfARYSEAL ULLlAN BEAUCHAMP NOTARY PUBUC srATE OF FLORIDA COMMISSION NO, CC738372 MY COMMISSION EX!', A!'R, 29,2002 .3- . EXHIBIT "A" (SSDI North) Leaal DescriDtion Lots 30 through 42, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO, 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida, together with the accretions thereto, ALSO: Lots 43,44,45,46,47, 48A, 49B and 50C of DADE COUNTY PROPERTY, according to the Plat thereof, as recorded in Plat Book 14, at Page 70, of the Public Records of Dade County, Florida, together with the ",ccretions thereto, .