HomeMy WebLinkAboutCity Deed 1THIS INSTRUMENT PREPARED BY
CITY OF MIAMI CITY ATTORNEY'S OFFICE
MIAMI RIVERSIDE CENTER SUITE 945
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
Tax Folio # 01-3114-038-0050
Space Above This Line For Recording Data
CITY DEED
Ililt.. All11111111111111111111111111111111111111
CFN 200780997400
OR Bk 25985 P9s 3494 - 3504; (11p9s)
RECORDED 10/12/2007 14:18:18
DEED DOC TAX 0.60
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTY► FLORIDA
THIS DEED made this Jrd day of Ocl ober , 2007, between the CITY OF
MIAMI, a municipal corporation of the State of Florida, of 444 S.W. 2od Avenue, Miami, Florida
33130, called (the "City") and Progressive Vision Community Development Corporation, Inc., a not-
for-profit corporation with offices at 740 NW 581h Street, Miami, Florida 33127, hereinafter called
(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 has granted, bargained and sold
to the Grantee, its heirs and its assigns, subject to the right of reverter set forth below, the land
lying and being in Dade County, Florida:
779 N.W. 57th Street, Miami, Fla.
Lot 7, Block 1 of PINE HIGHLANDS, according to the Plat thereof, as
recorded in Plat Book 17, at Page 20, of the Public Records of Miami -
Dade County, Florida,
hereinafter referred as the "Property".
This Deed conveys only the interests of the City in the Property described herein, and shall
not warrant title thereto:
This 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 and Grantee's successors agree, that the Property for a period of fifteen
(15) years, shall only be used to provide three (3) owner occupied town homes for individuals and/or
families 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 state law, or by the City
Commission of the City of Miami, and shall be subject to the covenants set forth hereunder.
2. Grantee shall commence promptly the construction of three (3) town homes (the
"Improvements") and shall continue diligently with the construction of the Improvements to
completion: provided that, in any event, construction shall commence within twelve (12) months from
the date of this Deed, and shall be complete no later than twenty-four (24) months from the date of
this Deed.
3. The Grantee and Grantee's beneficiaries agree, for themselves and any successor in
interest, 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.
Book25985/Page3494 CFN#20070997400 Page 1 of 11
4. The Grantee and Grantee's beneficiaries agree, for themselves and any successor in
interest, to pay the real estate taxes or assessments on the Property or any part thereof when due.
In the event that the Property is ever declared to be "immune" or "exempt" from the payment of ad -
valorem taxes, the Grantee and Grantee's beneficiaries agree, for themselves and any successor in
interest, 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, (2002), as amended from time to time.
5. Grantee and its successors shall not suffer any levy or attachment to be made, 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 any 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;
b) Any mortgage(s) in favor of any 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 an 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 the value of the
Improvements is equal to or greater than the amounts of such mortgage(s), shall constitute
conclusive evidence that such mortgage meets 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, real estate or mortgage investment trust, pension funds, the
Federal National Mortgage Association, agency of the United States Government or other
governmental agency. In any event, the term "Institutional Lender" shall be deemed to include
Miami -Dade County, the City and their respective successors and assigns.
6. Grantee shall not transfer the Property or any part thereof without the prior, written
consent of the City Manager, and shall not change the ownership or distribution of the stock of the
Grantee or with respect to the identity of the parties in control of the Grantee or the degree thereof.
Notwithstanding this provision, the Grantor acknowledges and consents to the Grantee's intent to
sell the improved property to very low, low and/or moderate income families and/or individuals.
The restrictions, conditions and covenants set forth in Sections 1 through 6 of this 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, the Grantor. The 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 1 through 6 of this Deed shall be binding for a period of fifteen (15) years, at which time, the
property is no longer subject to the restrictions, conditions and covenants contained in this Deed.
In the event the Grantee or its successors shall violate or otherwise fail to comply with any of
the restrictions, conditions and covenants set forth in this Deed, the Grantee or its successors shall
correct or cure the default/violation within thirty (30) days of notification of the default by the
Grantor (the "Cure Period"). If Grantee or its successors fails to remedy the default within the Cure
Period, the 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
2
Book25985/Page3495 CFN#20070997400 Page 2 of 11
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 the Grantee or its successors in the Property revert to the
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 Deed.
IN WITNESS WHEREOF, the Grantor has caused this City Deed to be executed the day and
year first above written.
ATTEST:
e�
P ISCILLA A. THOMPS N,
CITY CLERK
CIW__0_)q1IAMI, A MUNICIPAL CORPORATION
OF ATE OF FLORIDA
PEDRO G—'rWRNANDEZ,
CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
Th fg regoing instrument was acknowledged before me this 0 day of
Q►vtY 2007 by Pedro G. Hernandez as City Manager of CITY OF MIAMI, a
municipal corporation of the State of Florida, who is personally known to me or who has produced
as identification apdwko did/did not take an oath.
NOTARY PUBUC-STATE OF FLORIDAWtary
Ofelia E. Perez
Commission#DD701412 e: C Q e -
Z
,.Expires: AUG.02, 2011
BONDED �U AnAMC BONDING co., INC c
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution Nos. 05-0347 & 07-0192 & 07-0372 of
the City Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on May
26, 2005, April 12, 2007 and June 28, 2007, respectively. A copy of Resolution Nos, 05-0347, 07-
0192 and 07-0372 are attached hereto as Exhibit "A".
DEEDProgressiveVision. doc
Book25985/Page3496 CFN#20070997400 Page 3 of 11
I y
1
File Number: 07-00465
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Enactment Number: R-07-0192
A RESOLUTION OF TN" ' 11AM1 CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE CITY IvtnNAGER'S EXECUTION OF THE FIRST AMENDMENT,
IN THE ATTACHED FORM, TO THE AGREEMENT FOR PURCHASE AND SALE
, OF CITY -OWNED REAL PROPERTY LOCATED AT 779 NORTHWEST 57TH
STREET, MIAMI FLORIDA, BETWEEN THE CITY OF MIAMI AND
PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A
FLORIDA NOT-FOR-PROFIT CORPORATION, TO PROVIDE FOR: (1) A THREE
(3) MONTH EXTENSION TO SATISFY THE CONDITIONS PRECEDENT; AND
(2) MODIFICATION OF THE UNIT COUNT AND TYPE TO PROVIDE THREE (3)
OWNER OCCUPIED TOWNHOUSE UNITS WITHIN THE ECONOMIC
AFFORDABILITY RANGE OF VERY LOW, LOW AND/OR MODERATE INCOME
FAMILIES AND/OR INDIVIDUALS; WITH THE TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN SAID FIRST AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at 779 Northwest
57th Street, Miami, Florida ("Property"); and
WHEREAS, the City has a severe shortage of housing within the affordability range of families and
individuals of very low, low and moderate -income; and
WHEREAS, the City declared the property surplus and authorized an Agreement for Purchase and
Sale ("Agreement") under Resolution No. 05-0347, adopted May 26, 2005; and
WHEREAS, the Agreement, which was executed on March 29, 2006 ("Effective Date"), has certain
conditions precedent that must be met within 12 months of the Effective Date of the Agreement; and
WHEREAS, Progressive Vision Community Development Corporation, Inc., a Florida not-for-profit
corporation, ("Purchaser") requires an additional three (3) months to comply with the conditions
precedent and has requested that it be permitted to build three (3) townhouse units, rather than four
(4) condominium units; and
WHEREAS, the deadline for satisfaction of the conditions precedent expired on March 30, 2007
and the City Manager executed the attached amendment, subject to City Commission ratification, to
prevent the expiration of the Agreement; and
WHEREAS, the City Commission determined it to be in the best interest of the City to ratify the
execution of the attached amendment to extend the date for meeting the conditions precedent by
ninety (90) days and modify the unit count and type of housing;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully
City of Miami Page l of 2 R-07-0192
Book25985/Page3500 CFN#20070997400 Page 7 of 11
File Number: 07-00465 Enactment Number: R-07-0192
Section 2. The City Manager's execution of the First Amendment(1), in the attached form, to the
Agreement, of the Property, between the City and the Purchaser, to provide for: (1) a three (3) month
extension to satisfy the conditions precedent; and (2) modification of the unit count and type to provide
three (3) owner occupied townhouse units within the economic affordability range of very low, low
and/or moderate income families and/or individuals, with the terms and conditions more particularly set
forth in said First Amendment, is ratified.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Date: APRIL 12, 2007
Mover: VICE-CHAIRMAN SANCHEZ
Seconder: COMMISSIONER SPENCE-JONES
Vote: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND
SPENCE-JONES
Action: ADOPTED
Date: APRIL 27, 2007
Action: SIGNED BY THE MAYOR
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-07-0192, with
attachment, passed by the City Commission on 4/12/2007.
/ /
City Clerk, D uty Clerk for P. A. Thompson,
City Clerk)
September 05, 2007
Date Certified
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
Ciry of Miami Page 1 of 2 R-07-0191
Book25985/Page3501 CFN#20070997400 Page 8 of 11
City Hall
City of Miami 3500 Pan American Drive
�w
Miami, FL 33133
fir_
1:', Certified Copy
www.miamigov.com
„ . www.miami ov.com
I.
ri
File Number: 07-00892
Enactment Number: R-07-0372
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT AND CONSENT TO ASSIGNMENT OF PURCHASE AND SALE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, OF THE CITY OF
MIAMI ("CITY") OWNED REAL PROPERTY LOCATED AT 779 NORTHWEST
57TH STREET, MIAMI FLORIDA, BETWEEN THE CITY AND PROGRESSIVE
VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA
NOT-FOR-PROFIT CORPORATION ("PROGRESSIVE"), TO: (1) AUTHORIZE
THE ASSIGNMENT OF PROGRESSIVE'S RIGHTS AND OBLIGATIONS UNDER
THE AGREEMENT TO A NEW ENTITY, WHOSE MEMBERS SHALL BE SOLELY
PROGRESSIVE, AND PALMETTO HOMES OF MIAMI, INC., IN ORDER TO
COMPLY WITH THE FINANCING REQUIREMENTS SET FORTH IN THE LOAN
COMMITMENT DATED JUNE 14, 2007, FROM GIBRALTAR PRIVATE BANK &
TRUST COMPANY, AND (2) EXTEND THE DEADLINE FOR SATISFACTION OF
CONDITIONS PRECEDENT BY A PERIOD OF SEVENTY (70) DAYS, EXPIRING
ON SEPTEMBER 7, 2007, WITH THE TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN SAID SECOND AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at 779 Northwest
57th Street, Miami, Florida ("Property"); and
WHEREAS, the City has a severe shortage of housing within the affordability range of families and
individuals of very low, low and moderate -income; and
WHEREAS, the City declared the property surplus and authorized the execution of an Agreement
for Purchase and Sale ("Agreement") with Progressive Vision Community Development Corporation,
Inc. ("Progressive"), pursuant to Resolution No. 05-0347, adopted May 26, 2005; and
WHEREAS, pursuant to Resolution No, 07-0192, adopted April 12, 2007 the City Commission
authorized the City Manager to execute a First Amendment to the Agreement to provide for: (1) three
month extension to satisfy the conditions precedent, and (2) modification of the unit count and type of
unit to provide three (3) owner occupied townhouse units within the economic affordability range of
very low, low and/or moderate income families and/or individuals, with the terms and conditions more
particularly set for in said First Amendment; and
WHEREAS, on June 22, 2007, Progressive requested the City's consent to: (1) a seventy (70)
days extension of the period in which to satisfy the conditions precedent, and (2) the assignment of
the Agreement by Purchaser to a new entity that will have, as its sole members Progressive and
Palmetto Homes of Miami, Inc.; and
WHEREAS, Progressive has represented to the City that it needs the City's consent to the
aforementioned requests in order to receive construction financing pursuant to the loan commitment
dated June 14, 2007 from Gibraltar Private Bank and Trust Company ("Loan Commitment"); and
City Of Miami Page ! oJ3 R-07-0372
Book25985/Page3502 CFN#20070997400 Page 9 of 11
File Number: 07-00892 Enactment Number: R-07-0372
WHEREAS, it is in the best interest of the City to extend the date for closing by seventy (70) days,
expiring September 7, 2007, and to grant the purchaser the ability to assign the Agreement to the new
entity, as required by the Loan Commitment, in order for the purchaser to obtain the construction
financing;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute the Second Amendment to the
Agreement, of the City -owned real Property, between the City and Progressive, in substantially the
attached form, to: (1) authorize the assignment of Progressive's rights and obligations under the
Agreement to a new entity, whose members shall be solely Progressive, and Palmetto Homes of
Miami, Inc., in order to comply with the financing requirements set forth in the Loan Commitment, and
(2) extend the deadline for satisfaction of conditions precedent by a period of seventy (70) days,
expiring on September 7, 2007, with the terms and conditions more particularly set forth in said
Second Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Date: JUNE 28, 2007
Mover: COMMISSIONER REGALADO
Seconder: VICE-CHAIRMAN SANCHEZ
Vote: AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ AND REGALADO
ABSENT: 1 - COMMISSIONER SPENCE-JONES
Action: ADOPTED
Date: JULY 10, 2007
Action: SIGNED BY THE MAYOR
City of Miami Page 2 oj3 R-07-0372
Book25985/Page3503 CFN#20070997400 Page 10 of 11
File Number: 07-00892 Enactment Number: R-07-0372
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-07-0372, with
attachment, passed by the City Commission on 6/28/2007.
ra
DX
XII"
September 06, 2007 Ua
City Clerk, D uty Clerk (for P. A. Thompson, Date Certified
City Clerk)
a tJ
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City U1
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City Of Miami
Book25985/Page3504
Page 3 oj3
CFN#20070997400
R-07-0372
Page 11 of 11