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HomeMy WebLinkAbout32 Tittle Affidavit ,. @ TITLE AFFIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, personally appeared ROBERT W. CHRISTOPH ("Affianf), who upon being first duly sworn, deposes and says: 1. Affiant is the President of SoBe Marine, Inc., a Florida corporation, the sole general partner of MIAMI BEACH MARINA ASSOCIATES, lTD., a Florida limited partnership (the "Partnership"). 2. The Partnership is the lessee under that certain lease Agreement dated June 24, 1983, as amended from time to time, evidenced among the public records by: (i) Short-Form lease dated August 19,1983 and recorded November 9, 1983 in Official Records Book 11963, at Page 1143, (ii) Memorandum of lease Amendments recorded May 29, 1997 in Official Records Book 17656, at Page 4709, (Hi) Assignment and Assumption Agreement by and between Tallahassee Building Corp., a Delaware corporation ("TBe") and the Partnership recorded June 11, 1997 in Official Records Book 17673, at Page 2830, (iv) Quit-Claim Deed given by TBC to the Partnership recorded June 11, 1997 in Official Records Book 17673, at Page 2840, (v) Third Amendment to Marina lease Agreement recorded June 11, 1997 in Official Records Book 17673, at Page 2846, and (vi) Fourth Amendment to Marina lease Agreement recorded December 15, 1998 in Official Records Book 18391, at Page 4862, all of the Public Records of Miami-Dade County (formerly Dade County), Florida (collectively, the "Marina Lease"). 3. The Marina lease affects that certain property more particularly described in Exhibit A attached hereto and made a part hereof (the "Property") among other properties. 4. Except for real property taxes for the year 1999 and subsequent years, the Property is free and clear of all liens, taxes and encumbrances and claims of every nature, kind and description whatsoever claimed by, through or under the Partnership. 5. There have been no improvements, alterations or repairs made to the Property by the Partnership or anyone claiming by, through or under the Partnership, the costs of which remain unpaid; and there are no persons who claim or could claim mechanics' materialmen's or laborer's liens against the Property by, through or under the Partnership. 6. Concurrently with the delivery of this Title Affidavit, the Property is being released from the Marina lease. All of the rights, title and interest of any party to possess the Property have been properly terminated and therefore, the Partnership has exclusive possession of the Property and there are no other parties in possession of the Property or with a right to possession of the Property other than: (a) the parties who have rights established by the following license agreements (collectively, the "License Agreements"): (i) Parking license by and among West Side Partners, ltd., a Florida limited partnership ("West Side"), Sun & Fun, Inc., Beachwalk Development Corporation, East Coastline Development, ltd., Azure Coast . . ment Agency (the "Redevelopment Agency') Development, Lt~., the Miami Beach (~ed;~?:~ and (ii) Improvements License by and among ~;: ~~~~~o~~~~~::n~~h, t~~O~~t~ an~ W~st Side, and the rights of any sublicenses gra~te: under the License Agreem~nts (including the Partnership, Florida Yacht Charters and Sae , Inc. and Europa Cruise of Florida II, Inc.; and (b) the Redevelopment Agency, as owner of the Property . 7. That there are no matters pending against the Partnership which would give rise to a lien that would attach to the Property, and that except for the License Agreements and the rights of any sublicensees granted thereunder SUbsequent to the transfer of title to the Property to West Side or concurrently with the delivery of this Affidavit, the Partnership has not executed and will not execute any other instrument which will affect the Property. . 8. This Affidavit may be relied upon by the City, the Agency and West Side and is being executed and delivered to induce Chicago Title Insurance Company (the "Title Company') to insure West Side's interests in the Property. the Titl:comp:~; ~=::h~ :~~ hereby agree to hold the City, the Agency, West Side and kind, inCluding attorneys' fees, Whic~os~c~ny a~.d all ~o~r' costs, damage and expense of every accou~t of reliance on the statements m :a hies ~ a or ~ay suffer or become liable for on under Its said policy to be issued on the ; e ere~n, an~ Wlt~ respect to the Title Company ~ay be recorded between the effective d roperty, In~ludl.ng without limitation any matters that ~:~ Company to West Side and the time ~:~h~ r~e ~~e Insurance commitment issued by the roperty from the Agency to West Side. co 109 of the deed of conveyance of title to [Execution and Acknowr edgment Appears on FOllOWing Page] -2- ~ Further Affiant sayeth naught. ROBERT W. , resident SWORN TO and subscribed before me th~ of , 9 by Robert W. Christoph, as President of SoBe Marine. Inc., a Florida corporation, the sole general partner of MIAMI BEACH MARINA ASSOCIATES, I,. T9~ ~rida limited partnership. . He !s p~rsonally known to me or presented - f:/ :::&t::.. ~ as Identification. ~~ ---- <: e: Notary Public, State of Flori Commission No. My commission expires: OFA NorARYSEAL DIANNE CAPESrANY NorARY PUBUC STATE OF FLORIDA COMMISSION NO. c.c:.66'1m . MY COMMISSIO!:, EXP. AUG. 12,2ilQl . EXHIBIT "A" (SSDI North) Leaal Description 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 accretions thereto.