HomeMy WebLinkAboutExhibit AThis instrument was prepared by:
Name: Carli Koshal, Esq.
Address: Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, FL 33131
(Space reserved for Clerk)
AFFORDABLE HOUSING COVENANT
KNOW ALL BY THESE PRESENTS THAT the undersigned owner ("Owner') hereby
makes, declares and imposes on the land herein described, these covenants running with
the title to the land, which shall be binding on the Owner, all heirs, successors, and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by,
through or under them;
WHEREAS, Owner holds the fee simple title to the land in Miami -Dade County,
Florida described in Exhibit 'A," attached hereto and made a part hereof, hereinafter
called the "Property," which is supported by the attorney's opinion attached as Exhibit
„B;„
WHEREAS, the Board of County Commissioners of Miami -Dade County has
adopted the Miami -Dade County Road, Fire, Police, and Parks Impact Fee Ordinances as in
effect on the date hereof (the "Ordinances") Chapters 33E, 33J, 331, and 33H respectively
of the Code of Miami -Dade County, Florida; and
WHEREAS, the Ordinances exempt from the required payment of impact fee
housing units which provide affordable housing for low and very low income families, as
defined in the Ordinances; and
WHEREAS, Owner seeks a road impact fee exemption pursuant to the Ordinances;
and
WHEREAS, the Miami -Dade County Department of Regulatory and Economic
Resources (the Department) through its Director is given authority to administer and
effectuate the Ordinances; and
WHEREAS, Owner will construct a project in Miami -Dade County to be occupied by
low income families on the Property afore described (the "Project"); and
WHEREAS, Owner has agreed to assure the Department that all 578 residential units
within the Project will be occupied by low income families with monthly rents, or monthly
mortgage payments including taxes and insurance, which do not exceed thirty percent
(30%) of that amount which represents eighty percent (80%) of the median annual income
for households within Miami -Dade County, divided by twelve (12) ("Low Income Housing"),
as required by the Ordinances; and
Affordable Housing Covenant
Page 2 of 6
WHEREAS, Owner is submitting this covenant to induce the Director of the
Department to grant an exemption of the aforesaid impact fees in the total amount of the
road impact fees.
NOW THEREFORE, in consideration of the recitals set forth above, which are true
and correct and are incorporated herein by this reference and the covenants and
undertakings set forth herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Owner, its successors and assigns, does
hereby covenant and agree as follows:
1. General
A. That the Project shall be occupied on a continuous basis by members of the
general public who comply with the Low Income Housing affordable housing
exemptions of the Ordinances for a time period no less than fifteen (15) years
from the date of this covenant; and
B. That impact fees will become due and payable by the current owner of the
Project at such time it loses its status as a Low Income Housing within fifteen (15)
years from the date of this covenant;
C. Owner shall furnish to the Department a report each year for a period of five
(5) years from the date of this covenant certifying the income of the tenants of
the Project and compliance with the Low Income Housing requirements of this
covenant;
D. In the event Owner sells the Project, Owner shall provide all documentation as
required by the Director of the Department to prove that the prospective
occupants comply with the Low Income Housing exemption of the Ordinances.
Upon Department approval of the affordable housing exemption, applicant shall
have the right, upon written request delivered to the Department, to be released
from this covenant.
Termination. Owner, its successors or assigns, shall have the right, upon written request
delivered to the Department, to be released and have the project released from the terms
and conditions contained herein upon tender to Miami -Dade County of the full amount of
the applicable impact fees in effect at the time of the requested release, payable in
accordance with the provisions of the Ordinances.
Covenant Running with the Land. This covenant shall constitute a covenant running with
the residential units on the Property and may be recorded in the Public Records of Miami -
Dade County, Florida, and shall remain in full force and effect and be binding upon Owner
and its successors and assigns until such time as the same is modified or released or as
otherwise provided in this covenant.
Affordable Housing Covenant
Page 3 of 6
Governing Law. This covenant shall be governed by and construed in accordance with the
laws of the State of Florida, both as to substantive rights and those governing remedies.
Notice. Any notice required to be given herein shall be given by personal delivery of by
certified U.S. mail at the address specified below or at such other address as may be
specified in writing by the parties.
DEPARTMENT
Department of Regulatory and
Economic Resources
Stephen P. Clark Center
111 NW 1 Street, Suite 1210
Miami, Florida 33128
ATTN.: Director
OWNER
Block 55 Residential, LP
2901 Florida Avenue, Suite 806
Miami, Florida 33130
Attention: Michael Swerdlow
Severability. If any provision of this covenant shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not be affected or
impaired.
[Execution Pages Follow]
Signed, witnessed, executed and acknowledged this day of , 20_.
Witnesses
By:
Print Name:
Print Name
STATE OF
)SS
COUNTY OF
BLOCK 55 RESIDENTIAL, LP,
a Florida limited partnership
By: Pacific Southwest
Community Development
Corporation, a California
nonprofit public benefit
corporation, its general
partner
Name:
Title:
The foregoing instrument was acknowledged before me, by means of ( ) physical presence
or ( ) online notarization, this day of 2021 by
of Pacific Southwest Community Development Corporation, a
California nonprofit public benefit corporation, as the general partner of Block 55
Residential, LP, a Florida limited partnership, on behalf of said entities, who is () personally
known to me or ( ) produced a valid driver's license as identification.
Notary Public:
Sign Name:
Print Name:
My Commission Expires [NOTARIAL SEAL]
Cy1:I I I I gv-1 i
Affordable Housing Covenant
Page 5 of 6
Legal Description
Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat
thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida;
less and except the East 7.5 feet of Lot 20; and further less and except that portion of Lot 10 taken
by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official
Records Book 5349, Page 129, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
Begin on the West line of said Lot 10 at a point 14.51 feet South 02016'16" East from the
Northwest corner thereof, said point being the beginning of a curve concave Southeasterly
having a radius of 14.5 feet, thence from a tangent bearing of North 02016'16" West run
Northwesterly, Northerly and Northeasterly 22.79 feet along said curve through a central angle
of 90002'57" to the North line of said Lot 10, thence Westerly 14.51 feet along said North line to
the Northwest corner of said Lot 10, thence South 02016'16" East 14.51 feet along the West line
of said Lot 10 to the Point Of Beginning.
LESS AND EXCEPT:
A RIGHT-OF-WAY DEDICATION PARCEL BEING A PORTION OF LOT 1 AND LOTS 10 THROUGH
20, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; LESS AND EXCEPT THE EAST 7.50 FEET OF SAID LOT 20; AND FURTHER LESS AND
EXCEPT THAT PORTION OF SAID LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE
129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02016,16" EAST FROM
THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A TANGENT
BEARING OF NORTH 02016'16" WEST RUN NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90002,57"
TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE
TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH 02016'16" EAST 14.51 FEET
ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING.
SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55 NORTH AND BEING
DESCRIBED AS FOLLOWS:
THE EAST 12.50 FEET OF SAID LOT 1.
AND
THE WEST 10.00 FEET OF SAID LOT 10.
AND
Affordable Housing Covenant
Page 6of6
THE WEST 10.00 FEET AND THE SOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL AREA
OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE FORMED BY A 25.00
FOOT RADIUS, CONCAVE TO THE NORTHEAST, AND TANGENT TO A LINE 10.00 FEET EAST OF
AND PARALLEL WITH THE WEST LINE OF SAID LOT 11 AND TANGENT TO A LINE 10.00 FEET
NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 11.
THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE.
MELD
THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT 20 AND
THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 20, SAID CIRCULAR
CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHWEST, AND TANGENT TO
A LINE 12.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 10 AND TANGENT
TO A LINE 10.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID LOT20.
THE ABOVE DESCRIBED RIGHT-OF-WAY PARCEL SITUATED IN THE CITY OF MIAMI, MIAMI-DADE
COUNTY, FLORIDA AND LAND CONTAINING 10,640 SQUARE FEET MORE OR LESS
4812-3858-6622, v. 4
JOINDER BY MORTGAGEE
The undersigned CITY OF MIAMI, a municipal corporation of the State of Florida
("Mortgagee"), and mortgagee under that certain Miami Forever Bond Mortgage and Security Agreement
for Sawyer's Walk from Block 55 Residential, LP, a Florida limited partnership, dated August 12, 2021,
recorded August 25, 2021, in Book 32702, Page 915, of the public records of Miami -Dade County, Florida
covering all of the property described in the foregoing Affordable Housing Covenant, does hereby
acknowledge that the terms of the foregoing Covenant are and shall be binding upon the undersigned and
its successors in title.
IN WITNESS WHEREOF, these presents have been executed this day of ,
2021.
ATTEST: CITY OF MIAMI, a municipal corporation of the State of
Florida
By:
Todd Hannon, City Clerk By:
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Victoria Mendez, City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
Arthur Noriega V, City Manager
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ by
online notarization, this day of , 2021, by Arthur Noriega V, as City Manager of
the City of Miami, a municipal corporation of the State of Florida, on behalf of said municipal corporation.
He is personally known to me or has produced as identification.
Notary Public
Printed Name of Notary Public
My Commission expires:
4828-7351-4494, v. 1