HomeMy WebLinkAboutSpecial Warranty Deed 2THIS INSTRUMENT PREPARED BY
CITY OF MIAMI
MIAMI RIVERSIDE CENTER
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
TAX FOLIO# 01-3134-108-0010
Space Above This Line For Recording Data
SPECIAL WARRANTY DEED
F'El'OF'CEL' ii9 _? '7
Df:EC, DOC "A"'
HARVE't RUVIhi, CLtR'r: DF C0iiF.T
riIAtiI-EDAF,E C01!N'Tr r Fi_UF:IDA
THIS SPECIAL WARRANTY DEED made this 27tb day of September, 2007, by the City
of Miami, a municipal corporation of the State of Florida, with an address at 444 S.W. 2nd
Avenue, Miami, Florida 33130 (hereinafter referred to as "Grantor") in favor of Allapattah
Community Housing H, Inc., a Florida not-for-profit corporation, with offices at 2257 N.W.
North River Drive, Miami, Florida 33125 (hereinafter referred to as "Grantee").
WITNESS: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to
it in hand paid by Grantee, and other good and valuable consideration, the receipt of which is
hereby acknowledged, has granted, bargained and sold to Grantee, its heirs and its assigns,
subject to the right of reverter set below, the following land lying and being in Dade County,
Florida:
As described in Exhibit "A" attached hereto and made a part hereof, and
hereinafter referred to as the "Property".
Grantor does hereby warrant the title to the Property and will defend the same against the
lawful claims of all persons claiming by, through or under Grantor, but against none other.
This Specialty Warranty 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 to be taken and construed as running with the land:
1. Grantee and Grantee's successors agree, that the Property shall only be used to
provide an affordable rental housing facility, not to exceed a maximum of eighty (80) units, for
elderly persons whose income is within the economic affordability range of very low, low and/or
moderate income families and/or individuals, based on criteria established by federal and/or sta =-�
law or by the City Commission, and shall be subject to the covenants set forth hereunder. SFN°CTO °k
2. Grantee and/or Grantee's successors shall promptly commence the cons
truc 'p o'
a maximum of eighty (80) units (the "Improvements") on the Property and shall co tii>i3l'
60YfE
diligently with the construction of the Improvements to completion; provided that, in any e rj" �0
construction shall be completed by December 1, 2008 in accordance with the HUD 202 Program
funding requirements.
3. Neither Grantee nor Grantee's successors shall discriminate upon the basis of race,
color, religion, marital status, sex or national origin in the sale of the Property, or any of the
Improvements erected or to be erected thereon, or on any part thereof.
4. Grantee and its successors shall not suffer any levy or attachment to be rnade, or
any material or mechanic's lien, or any unauthorized encumbrance or lien to attach to the
Property, except:
a) Any mortgage(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 a certified
real estate appraiser; and
b) Any mortgages) in favor of an Institutional 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 a certified real estate appraiser.
The recordation, together with any mortgage purporting to meet the requirements of
clauses (a) or (b) above, of a statement of value by a certified real estate appraiser, stating that the
value of the Improvements is equal to or greater than the amount(s) of such mortgage(s), shall
constitute conclusive evidence that such mortgage(s) meet(s) such requirements. For purposes of
this paragraph, an "Institutional Lender" shall mean any bank, savings and loan association,
insurance company, foundation or other charitable entity, a real estate company or mortgage
investment trust, pension funds, the Federal National Mortgage Association, or an agency of the
United States Government or other governmental agency. The term "Institutional Lender" shall
also be deemed to include Miami -Dade County and the Grantor and their respective successors
and assigns.
5. Grantee shall not transfer the Property or any part thereof, or change the
ownership or distribution of the stock or control of Grantee, without the prior.written consent of
the City Manager.
The restrictions, conditions and covenants set forth in Sections I through 5 of this Special
Warranty Deed shall be deemed covenants running with the land and shall be binding to the
fullest extent permitted by law and at equity, and enforceable by, and for the benefit and in favor
of, Grantor. Grantor 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, or to cure any breach thereof. The restrictions, conditions
and covenants set forth in Sections I through 5 of this Special Warranty Deed shall be binding
until December 1, 2048, at which time the Property shall no longer be subject to the restrictions,
conditions and covenants contained in this Special Warranty Deed.
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In the event Grantee or its successors shall violate or othenvise fail to comply with any of
the restrictions, conditions and covenants set forth in this Special Warranty Deed, Grantee or its
successors shall correct or cure the default/violation within thirty (30) days of notification of the
default by Grantor (the "Cure Period"). If Grantee or its successors fails to remedy the default
within the Cure Period, Grantor 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 a condition
subsequent and, in the event of any default, failure or violation of any such condition which is
not cured within the Cure Period, the City Commission, at its option, may pass and adopt a
resolution declaring that the title and all the rights and interest of Grantee or its successors in
the Property revert to Grantor, provided, however, that such right of reverter shall be subject to
and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid
mortgage permitted by this Special Warranty Deed.
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be
executed the day and year first above written.
Witness:
City of my, a municipal corporation
of the St e of Florida
1 `— By: V \
Print aPedro G. H
Address: 444 SW 2"d Avenue, Miami, FL 33130
Print Name:
Address: 444 SW 2"d Avenue, Miami, FL 33130
dez, City Manager
ATTEST: Appro'p Form And Correctness:
Oriscilla A. T ompson � Jorge�->✓' e .3
City Clerk City Att y
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STATE OF FLORIDA )
SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
2007 by Pedro G. H ndez as Cit Mana er of the CITY OF
M 11 a municipal corporation of the State of Fl ri a, who is ersonall known to me or who
has produced as ide i cation and who did/did not take an oath.
iNa e:
Mary Pub is
My Cornunission Expires.
o,�+ �}y. Daykt Diaz
My Commission D0304169
a n,/ Expires March 25, 2008
The foregoing conveyance was approved pursuant to Miami City Commission Resolution
No. 07-0541, adopted on September 27, 2007, and Resolution No. 04-0380, adopted June 10,
2004.
Copies of Resolution No. 07-0541 and Resolution No. 04-0380 are attached hereto as
Exhibit "B".
DEED 1390NW24Avr.doc
El
Exhibit A
Folio Number:
01-3134-108-0010
Property Address:
1390 NW 24 Avenue, Miami, Florida.
Tract A, Fem Isle Gardens, according to the Plat thereof, as recorded in Plat Book 139, Page 52,
of the Public Records of Miami -Dade County, Florida.
Also Described As Follows:
Beginning at the NE Corner of Lot 14, Block 1, of Shady Oaks, according to the Plat
thereof, recorded in Plat Book 44, at Page 20 of the Public Records of Miami -Dade County,
Florida, said point also being the NW comer of Tract "A" of said Plat of Fern Isle Gardens;
thence along the Boundary Line of said Tract "A" for the following described five (5)
courses` 1) thence North 89 degrees 56 minutes 53 seconds East, along the South Right -of -
Way line of NW 14th Street for 264.88 feet to the point of curvature of a circular curve
concave to the Southwest; 2) thence Northeasterly, Easterly, Southeasterly, Southerly and
Southwesterly, along the arc of said curve to the right, having a radius of 25.00 feet and a
central angle of 90 degrees 24 minutes 54 seconds for a distance of 39.45 feet to the Point
of tangency, said point also being on the West right of way line of NW 24th Avenue; 3)
thence South 00 degrees 21 minutes 47 -seconds West along the previously described Right -
of -Way line for 224.83 feet; 4) thence South 89 degrees 56 minutes 53 seconds West,
departing said Right -of -Way line for 289.63 feet to the East line of Tract "A" of said Plat of
Shady Oaks; 5) thence North 0 degrees 15 minutes 50 seconds East, along the East line of
said Tract A of said Plat of Shady Oaks and along the East line of said Lot 14, Block 1 for
250.00 feet to the Point of Beginning.
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