HomeMy WebLinkAboutExhibit BThis instrument was prepared by:
Name: Carli Koshal, Esq.
Address: Bercow Radell Fernandez Larkin &Tapanes, PLLC
200 S. Biscayne Boulevard, Suite300
Miami, FL 33131
(Space reserved for Clerk)
RELATING TO EXEMPTION FROM EDUCATIONAL FACILITIES IMPACT FEE
FOR ELDERLY HOUSING
THIS COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO EXEMPTION
FROM EDUCATIONAL FACILITIES IMPACT FEE FOR ELDERLY HOUSING ("Covenant") is
made and entered into this day of , 2021 by and between
BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership ("Owner"), whose address is 2901
Florida Avenue, Suite 806, Miami, Florida 33133, in favor of MIAMI-DADE COUNTY, a municipal
corporation of the State of Florida ("County"), whose address is c/o Department of Regulatory
and Economic Resources, Stephen P. Clark Center, 111 NW 1st Street, 111" Floor, Miami, Florida,
33128, Attn: Director.
WHEREAS, the Board of County Commissioners of Miami -Dade County has adopted the
Miami -Dade County Educational Facilities Impact Fee Ordinance, Chapter 33K of the Code of
Miami -Dade County, Florida (the "Ordinance");
WHEREAS, the Ordinance exempts from the required payment of Educational Facilities
Impact Fee any land development activity that is not capable of creating capital educational
facilities demand during its useful lifetime as a matter of law and fact, as defined in the Ordinance
("Educational Facilities Impact Fee");
WHEREAS, the MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND
ECONOMIC RESOURCES (the "Department") through its Director is given authority to
administer and effectuate the Ordinance;
WHEREAS, the Owner will construct a project in Miami -Dade County which is intended to
be operated and maintained to meet the specific social and physical needs of persons fifty-five
(55) years of age and older as follows:
"The Residences at Sawyer's Walk" will consist of 578 dwelling units (the "Units") and
ancillary amenities (collectively, the "Project") within an 18-story building supporting
elderly housing, on the property located at 249 NW 6 Street, in Miami -Dade County,
Florida as more particularly described in Exhibit "A" attached hereto (the "Property")
WHEREAS, the Owner is fee simple owner of the Project and has agreed to assure the
Department that the Project will be occupied by elderly households in accordance with the
restrictions set forth in this Covenant; and
Affordable Housing Covenant
Page 2 of 7
WHEREAS, the Owner is submitting this Covenant to induce The School Board of Miami -
Dade County, Florida (the "School Board") and the Director of the Department to grant an
exemption of the aforesaid impact fee in the total amount of the Educational Facilities Impact Fee.
NOW, THEREFORE in consideration of the covenants and undertakings set forth herein
and other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, the Owner, its successors and assigns, does hereby covenant and agree as
follows:
Recitals: The foregoing recitals are true and correct and are hereby incorporated
herein by reference. All exhibits to this Covenant are hereby deemed a part hereof.
2.General,:
(a) The Project is solely intended to be operated and maintained to meet the social
and physical needs of persons fifty-five (55) years of age and older; and
(b) No dwelling unit within the Project shall be occupied by any person under the age
of eighteen (18), subject to applicable legal requirements and the terms hereof.
The term "Occupied" or "Occupy" shall mean any person who stays overnight
in a dwelling unit more than twenty-one (21) days in any sixty (60) day period or
more than thirty (30) days in any twelve (12) month period.
3. Term: The restrictions set forth in this Covenant shall not be subject to revocation or
amendment for a period of thirty (30) years from the date of recording, after which time,
it shall be extended automatically for successive periods of ten (10) years each, unless
an instrument signed by the then Owner(s) of the Units has been recorded agreeing to
amend the Covenant in whole, or in part, and further provided that the Covenant has
first been modified or released with prior written consent of the School Board, except
as otherwise set forth herein. The Owner, its successors and assigns, or homeowners'
association, if such an association is created to maintain the Units, shall provide the
School Board Attorney's Office with written notice thirty (30) days prior to making any
amendment which would allow a person under the age of eighteen (18) to occupy a
dwelling unit within the Project, in which case, Educational Facilities Impact Fee shall
become immediately due and payable.
4. Termination: The Owner and its successors and assigns shall have the right, at any
time upon written notice 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 Educational Facilities Impact
Fee in effect at the time of the requested release, which may be then payable in
accordance with the provisions of the Ordinance.
5. Covenant Runnina With the Land: It is further understood and agreed that this
Covenant shall be deemed a covenant running with the land and shall be recorded by
the School Board, at the expense of the Owner, in the Public Records of Miami -Dade
County, Florida, and shall remain in full force and effect and be binding upon the
undersigned Owner and its successors and assigns until such time as the same may be
released in writing by the Owner and the Director of the Department, or the executive
officer of the successor of such department or, in the absence of such director or
Affordable Housing Covenant
Page 3 of 7
executive officer, by his assistant in charge of the office in his absence. This Covenant
may only be released with the prior written consent of the School Board upon proof of
payment of all Educational Facilities Impact Fee which may be due.
6. Governina 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. In the event of any dispute relating to this Covenant, venue, irrespective of
any conflict of laws, shall be in Miami -Dade County, Florida.
7. County Inspection: Asa further part of this Covenant, it is hereby understood and agreed
that any official inspector of the Department or its agents duly authorized, shall have
the right, at any time, of entering and investigating the use of the premises, to
determine whether or not the requirements of the building and zoning regulations, the
impact fee Ordinance per Chapter 33-K of the Code of Miami -Dade County, and the
conditions herein agreed to are being complied with.
8. Enforcement: Failure of the Owner to enforce any of the above requirements shall result
in Educational Facilities Impact Fee becoming immediately due and payable in fullfor
all dwelling units within the Project. In the event the Educational Facilities Impact Fee
becomes due and payable, Miami -Dade County shall provide written notice to the
Owner. Upon failure of the Owner to pay the Educational Facilities Impact Fee within
thirty (30) days of the date of the Notice, a Notice of Lien may be filed as provided in
Chapters 170 and 173, Florida Statutes, or any other applicable laws, against the
property of the then -owner of the Units. Upon recordation of the Notice of Lien against
the property of the then -owner of the Units among the Public Records of Miami -Dade
County, Florida, said lien for unpaid Educational Facilities Impact Fee shall be coequal
with a lien for any state, county, special district, and municipal taxes, shall be superior
in dignity and right to any subsequent liens filed and may be foreclosed.
9. Notice: Any notice required to be given herein shall be given, in writing, by personal
delivery or by certified U.S. mail at the address specified below ("Notice") 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 st Street, 11 t" Floor
Miami, Florida 33128
ATTN: Director
SCHOOL BOARD:
OWNER:
Block 55 Residential, LP
2901 Florida Avenue, Suite 806
Miami, Florida 33130
Attention: Michael Swerdlow
The School Board of Miami -Dade County, Florida
1450 NE 2ndAvenue, #912
Miami, FL 33132
Attn: Superintendent of Schools
COPY TO:
The School Board of Miami -Dade County, Florida
1450 NE 2ndAvenue, #430
Affordable Housing Covenant
Page 4 of 7
Miami, FL 33132
Attn: School Board Attorney
10. Severability: If any provisions of this Covenant shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall
not be affected or impaired.
11. Attorney's Fees and Costs: In the event of any dispute or suit, pertaining to or arising
out of this Covenant, each party shall be responsible for its own attorney's fees and
costs through all appeals.
[Execution Pages Follow]
Affordable Housing Covenant
Page 5 of 7
Signed, witnessed, executed and acknowledged this day of , 2021.
BLOCK 55 RESIDENTIAL, LP,
a Florida limited partnership
Witnesses
By:
Print Name:
By:
Print Name
STATE OF
)SS
COUNTY OF
By: Pacific Southwest Community
Development Corporation, a California
nonprofit public benefit corporation, its
general partner
M
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]
Affordable Housing Covenant
Page 6of7
EXHIBIT "A"
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.
Affordable Housing Covenant
Page 7 of 7
M-9
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.
AND
THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE.
AND
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 LOT 20.
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
4845-1526-7326, v. 3
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 Covenant in favor of Miami -Dade County Relating
to Exemption from Educational Facilities Impact Fee for Elderly Housing, 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: Arthur Noriega V, City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Victoria Mendez, City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
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:
4829-4099-7118, v. 1