HomeMy WebLinkAboutLegislation Exhibit SUBThis Instrument Prepared By
and Return To:
Denise Wallace, Esq,
City of Miami
Office of the City Attorney
444 S, W. 2ND Avenue
Miami, Florida 33130-1910
SECOND CORRECTIVE CITY DEED
THIS SECOND CORRECTIVE CITY DEED is made as of the day of
, 2009, by the City of Miami, a municipal corporation of the State of Florida, with
an address at 444 S.W. 2"d Avenue, Miami, Florida 33130 (hereinafter referred to as the "City")
to Allapattah Business Development Authority, Inc., a not for profit corporation with offices at
2634 NW 218` Avenue, Miami, Florida 33142 (hereinafter referred to as the "Grantee").
WITNESS: That the City, for and in consideration of the sum of Ten Dollars ($10.00) to
it in hand paid by the Grantee, receipt of which is hereby acknowledged, does hereby remise,
release, convey and quit -claim unto the Grantee, its heirs and its assigns, subject to the right of
reverter set below, all of the City's rights, title and interest in that certain land situate in Miami -
Dade County, Florida, hereinafter referred to as the "Property", to wit:
As described in Exhibit "A" attached hereto and made a part hereof, and
hereinafter referred as the "Property",
This Second Corrective City Deed conveys only the interests of the City in the Property
described herein, and shall not warrant title thereto.
This Second Corrective City Deed is made and executed upon, and is subject to, the
following conditions, restrictions and covenants, which are part of the consideration for the
Property conveyed and are taken and construed as running with the land:
1. The Grantee agrees for itself and its successors and assigns that for a period of
twenty (20) years from the completion of construction, as evidenced by the receipt of all required
certificates of occupancy for both homes hereinafter described, the Property shall only be used to
provide two (2) owner occupied twin homes (four (4) single family homes) for individuals and/or
families within the economic affordability range of low income families and/or individuals,
based on criteria established by federal and/or state law or by the City Commission of the City of
Miami, and shall be subject to the covenants set forth hereunder.
THIS DEED CORRECTS CONDITIONS/RESTRICTIONS STATED IN PARAGRAPH
NUMBERS 1 AND 2 IN THAT CERTAIN CITY DEED DATED DECEMBER 10, 2004,
RECORDED MARCH 21, 2005, IN OFFICIAL RECORDS BOOK 23186, AT PAGE 3483, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
1
DW: Second Corrective City Deed: 153093
2. Grantee shall commence the construction of two (2) owner occupied twin homes
(four (4) single family homes) (the "Improvements") on the Property on or before June 30, 2010,
or such later date as may be approved by the City Commission of the City of Miami, and shall
continue diligently with the construction of the Improvements to completion. Construction shall
be completed, as evidenced by the receipt of all required certificates of occupancy for both such
homes on or before June 30, 2011, or such later date as may be approved by the City
Commission of the City of Miami.
3. The Grantee agrees for itself and its successors and assigns, not to discriminate
upon the basis of race, color, religion, marital status, sex or national origin in the sale of the
Property, or any Improvements erected or to be erected thereon or on any part thereof.
4. The Grantee agrees for itself and its successors and assigns, to pay the real estate
taxes and assessments on the Property or any part thereof when due. In the event that the
Property is declared to be "immune" or "exempt" from the payment of ad valorem taxes, the
Grantee agrees for itself and its successors and assigns, to pay to the City an annual payment
which shall be in an amount equal to the amount the City would have received as ad valorem
taxes based on the valuation method employed by the county property appraiser pursuant to
Chapter 193 Florida Statutes, (1997), as amended from time to time.
5. Grantee agrees for itself and its successors and assigns not to suffer any levy or
attachment to be made, or any materialman's or mechanic's lien, or any encumbrance or lien to
attach to the Property, except:
a) Any moi-tgage(s) in favor of an institutional lender for the purpose of
financing any hard costs or soft costs relating to the construction of the Improvements in
an amount(s) not to exceed the value of the Improvements as determined by an appraiser
acceptable to the City;
b) Any mortgage(s) in favor of any lender refinancing any mortgage of the
character described in clause (a) hereof, in an amount(s) not to exceed the value of the
Improvements as determined by an appraiser acceptable to the City.
For purposes of this paragraph an "institutional lender" shall mean any bank, savings and
loan association, insurance company, foundation or other charitable entity, real estate or
mortgage investment trust, pension fund, the Federal National Mortgage Association, agency of
the United States Government or other governmental agency, Miami -Dade County, the City and
their respective successors and assigns.
6. Grantee shall not transfer the Property or any part thereof, or change the
ownership or control of the Grantee, without the prior written consent of the City.
The restrictions, conditions and covenants set forth in Sections 1 through 6 of this Second
Corrective City Deed shall be deemed covenants running with the land and shall be binding to
the fullest extent permitted by law and equity, and enforceable by, for the benefit and in favor of,
2
the City. The City shall have the right to exercise all the rights and remedies and to maintain any
and all actions or suits at law or in equity, as it deems appropriate to enforce the foregoing
restrictions, conditions and covenants. The restrictions, conditions and covenants set forth in
Sections 1 through 6 of this Second Corrective City Deed shall be binding for a period of twenty
(20) years from the completion of construction as provided above, at which time, the Property
shall no longer be subject to the restrictions, conditions and covenants contained in this Second
Corrective City Deed.
In the event the Grantee or its successors or assigns shall violate or otherwise fail to
comply with any of the restrictions, conditions and covenants set forth in this Corrective City
Deed, the Grantee or its successors or assigns shall correct or cure the default/violation within
thirty (30) days of notification of the default by the City (the "Cure Period"). If Grantee or its
successors or assigns fails to remedy the default within the Cure Period, the City shall have the
right to reenter and take possession of the Property or any portion of the Property. It is the intent
of this conveyance that it is made upon the condition that, in the event of any default, failure or
violation of any such condition which is not cured within the Cure Period, title to the Property
shall immediately and automatically revert to the City.
IN WITNESS WHEREOF, the City has caused this Second Corrective City Deed to be
executed the day and year first above written.
Signed, sealed and delivered
in our presence;
Print Name:
Print Name:
City of Miami, a municipal corporation
of the State of Florida
Pedro G. Hernandez
City Manager
Approved as To Form And Attest:
Correctness:
Julie O. Bru
City Attorney
LeeAnn Brehm
Risk Management
3
Priscilla A. Thompson
City Cleric
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
'2009 by as City Manager of the City of
Miami, a municipal corporation of the State of Florida, who is personally known to me or who
has produced as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No. of the City
Commission of the City of Miami, a municipal corporation of the State of Florida, passed and
adopted on A copy of Resolution No. is attached hereto as Exhibit
"B"
L!
Exhibit A
Legal Description
3255 NW 11"' Court. Miami, Fla,
Lot 1, Block 11 of a Resubdivision of Blocks 9 & 10 of Amended Plat of BUENA VISTA
PARK, according to the Plat thereof, recorded in Plat Book 27, Page 43, of the Public Records of
Miami -Dade County, Florida.
3245 NW 11"' Court, Miami, Fla.
Lot 2, Block 11 of BUENA VISTA PARK Amended Resubdivision, according to the Plat
thereof, recorded in Plat Book 27, Page 43, of the Public Records of Miami -Dade County,
Florida.
5
Exhibit B
Resolution No. of the City Commission of the City of Miami, passed and adopted
on
This Ind rument Prepared By
and RetuN To:
Denise Wal ace, Esq.
M
City of iai
Office of the 'ty Attorney
444 S.W. 2"D venue
Miami, Florida 3 X130-1910
SECOND CORRECTIVE CITY DEED
THIS SECOO CORRECTIVE CITY DEED is made as of the day of
2009; by he City of Miami, a municipal corporation of the State of Florida, with
an address at 444 S.W. 2'd Avenue, Miami, Florida 33130 (hereinafter referred to as the "City")
to Allapattah Business De lopment Authority, Inc., a not for profit corporation with offices at
2634 NW 21S` Avenue, Miam' Florida 33142 (hereinafter referred to as the "Grantee").
WITNESS: That the City, for and in consideration of the sum of Ten Dollars ($10.00) to
it in hand paid by the Grantee, re ipt of which is hereby acknowledged, does hereby remise,
release, convey and quit -claim unto e Grantee, its heirs and its assigns, subject to the right of
reverter set below, all of the City's rig s, title and interest in that certain land situate in Miami -
Dade County, Florida. hereinafter referre to as the "Property", to wit:
As described in Exhibit "A" attach\hhereto and made a part hereof, and
hereinafter referred as the "Property".
This Second Corrective City Deed conthe interests of the City in the Property
described herein, and shall not warrant title th
This Second Corrective City Deed is made and Necuted upon, and is subject to, the
following conditions, restrictions and covenants, which ar part of the consideration for the
Property conveyed and are taken and construed as running with he land:
1, The Grantee agrees for itself and its successors an assins that for a period of
twenty (20) years from the completion of construction, as evidenced \pthge receipt of all required
certificates of occupancy for both homes hereinafter described, the Pry shall only be used to
provide two (2) owner occupied twin homes (four (4) single family hofor individuals and/or
families within the economic affordability range of low income families and/or individuals,
based on criteria established by federal and/or state law or by the City Comrn> cion of the City of
Miami, and shall be subject to the covenants set forth hereunder.
THIS DEED CORRECTS CONDITIONS/RESTRICTIONS STATED IN PARAGRAPH
NUMBERS 1 AND 2 IN THAT CERTAIN CITY DEED DATED DECEMBER 10, 2004,
RECORDED MARCH 21, 2005, IN OFFICIAL RECORDS BOOK 23186, AT PAGE 3483, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
DW: Second Corrective City Deed: 153093
2. Grantee shall commence the construction of two (2) owner occupied twin homes
(four (4)�,single family homes) (the "Improvements") on the Property on or before June 30, 2010,
or such later date as may be approved by the City Commission of the City of Miami, and shall
continue dilig fly \ ith the construction of the Improvements to completion. Construction shall
be completed, as \•idenced by the receipt of all required certificates of occupancy for both such
homes on or before lune 30, 2011, or such later date as may be approved by the City
Commission of the C. "y of Miami.
3. The Gmnteb,agrees for itself and its successors and assigns, not to discriminate
upon the basis of race, colo religion, marital status, sex or national origin in the sale of the
Property, or any Improvementerected or to be erected thereon or on any part thereof,
4. The Grantee agrees\�or itself and its successors and assigns, to pay the real estate
taxes and assessments on the Propel�y or any part thereof when due. In the event that the
Property is declared to be "immune"` r "exempt" from the payment of ad valorem taxes, the
Grantee agrees for i cself and its success rs and assigns, to pay to the City an annual payment
which shall be in tin amount equal to the mount the City would have received as ad valorem
taxes based on the valuation method empl yed by the county property appraiser pursuant to
Chapter 193 Florida Statutes, (1997), as amenc\d from time to time.
5. Grantee agrees for itself and its sub essors and assigns not to suffer any levy or
attachment to be made, or any materialman's or me anic's lien, or any encumbrance or lien to
attach to the Property; except:
a) Any mortgage(s) in favor of an i stitutional lender for the purpose of
financing army' hard costs or soft costs relating to the onstruction of the Improvements in
an amount(s) not to exceed the value of the Improve nts as determined by an appraiser
acceptable to the City;
b) Any mortgage(s) in favor of any lender refs ancing any mortgage of the
character described in clause (a) hereof, in an amount(s) no to exceed the value of the
Improvements as determined by an appraiser acceptable to the Nty.
For purposes of this paragraph an "institutional lender" shall mean ny bank, savings and
loan association, insurance company, foundation or other charitable e rty, real estate or
mortgage investment trust, pension fund, the Federal National Mortgage Association, agency of
the United States Government or other governmental agency, Miami -Dade County, the City and
their respective successors and assigns.
6. Grantee shall not transfer the Property or any part thereof, or change the
ownership or control of the Grantee, without the prior written consent of the City.
The restrictions, conditions and covenants set forth in Sections I through 6 of this Second
Corrective City Deed shall be deemed covenants running with the land and shall be binding to
the fullest extent pernlitted by law and equity, and enforceable by, for the benefit and in favor of,
2
the Cite-"
ite The City shall have the right to exercise all the rights and remedies and to maintain any
and all eons or suits at law or in equity, as it deems appropriate to enforce the foregoing
restrictions,conditions and covenants. The restrictions, conditions and covenants set forth in
Sections I tlqugh 6 of this Second Corrective City Deed shall be binding for a period of twenty
(20) years ftom` the completion of construction as provided above, at which time, the Property
shall no longerbe subject to the restrictions, conditions and covenants contained in this Second
Corrective City Dee 1.`
In the event the,Grantee or its successors or assigns shall violate or otherwise fail to
1 !comply with any of the r6�strictions, conditions and covenants set forth in this Corrective City
Deed, the Grantee or its successors or assigns shall correct or cure the default/violation within
thirty (30) days of notification of the default by the City (the "Cure Period"). If Grantee or its
successors or assigns fails to re,� edy the default within the Cure Period, the City shall have the
right to reenter and takepossessi01 of the Property or any portion of the Property. It is the intent
of this conveyance that it is made u on the condition that, in the event of any default, failure or
violation of any such condition whic his not cured within the Cure Period, title to the Property
shall immediately and automatically reveIrt to the City.
IN WITNESS WHEREOF, the City
executed the day and year first above written.
Signed, sealed and delivered
in our presence:
Print Name:
Print Name:
Approved as To Form And
Correctness:
Julie 0. Bru
City Attorney
LeeAnn Brelun
Risk Management
3
caused this Second Corrective City Deed to be
City of Miami, a municipal corporation
the State of Florida
By
Pedr G. Hernandez
City anager
Attest:
Priscilla A. Thompson
City Clerk
STATE OF FLORIDA )
SS
COUNTY OF DAD 1',
The foregoing instrum�
2009 b
Miami, a municipal corporation o
has produced
My Commission Expires:
was acknowledged before me this day of
as City Manager of the City of
State of Florida, who is personally known to me or who
as identification and who did/did not take an oath.
Printed Name:
Notary Public
The foregoing conveyance was approved pursue
Commission of the City of Miami, a municipal c
adopted on A copy of Resolution 1
"B",
n
to Resolution No, of the City
)oration of the State of Florida, passed and
is attached hereto as Exhibit
Exhibit A
Leizal Description
M
Lot 1, Bio&\11 of a Resubdivision of Blocks 9 & 10 of Amended Plat of BUENA VISTA
PARK, accordfi�g to the Plat thereof, recorded in Plat Book 27, Page 43, of the Public Records of
Miami -Dade CoLhIty, Florida,
W 1 1 `"
Lot 2, Block I1 of BUENA VISTA PARK Amended Resubdivision, according to the Plat
thereof, recorded in Plat Bb.ok 27, Page 43, of the Public Records of Miami -Dade County,
Florida, ,
5
M3
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