HomeMy WebLinkAboutExhibit BEXHIBIT B
THIS 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 Tine For Recording Data
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this 27th day of September, 2007, by the City
of Miami, a municipal corporation of th4 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 II, Inc., a Florida not -for -profit corporation, with offices at 2257 N.W.
North River Drive, Miami, Florida 33125 (lereinafter 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, ithe 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, thtough 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 state
law or by the City Commission, and shall be subject to the covenants set forth hereunder.
2. Grantee and/or Grantee's successors shall promptly commence the construction of
a maximum of eighty (80) units (the "Improvements") on the Property and shall continue
diligently with the construction of the Improvements to completion; provided that, in any event,
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 made, or
any material or mechanic's lien, or any unauthorized encumbrance or lien to attach to It1 e
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 mortgage(s) 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 1 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 1 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 otherwise fail to comply with any of
the restrictions, conditions and covenants set forth in this Special Warranty Deed, Grantee or its
sugessors 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 ill
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.
ATTEST: City of Miami, a municipal corporation
of the State of Florida
Priscilla A. Thompson,
City Clerk
Approved As To Form And Correctness:
Jorge L. Fernandez,
City Attorney
STATE OF FLORIDA )
) SS
COUNTY OF DADE
By:
Pedro G. Hernandez
City Manager
The foregoing instrument was acknowledged before me this day of
, 200,7 by Pedro G. Hernandez 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.
My Commission Expires:
Printed Name:
Notary Public
3
The foregoing conveyance was approved pursuant to Miami City Commission Resolution No.
, of the City Commission of the City of Miami, Florida, adopted on
September 27, 2007, and Resolution No. 04-0380 and Resolution No. 04-0382, adopted June
10, 2004.
Copies of Resolution No. Resolution No. 04-0380 and Resolution No. 04-0382
are attached hereto as Exhibit "B".
DEED 1390NW24Ave.doc
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•
Exhibit A
Folio Number:
01-3134-108-0010
Property Address:
1390 NW 24 Avenue, Miami, Florida.
M
Tract A, Fern Isle Gardens, according to the Plat thereof, as recorded in Official Records 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 corner 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 secbnds 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.
5
Exhibit B
Copies of Authorizing Resolutions
City of Miami
Legislation
Resolution: R-04-0380
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00427
Final Action Date:6/10/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE
CITY -OWNED PROPERTY LOCATED,AT'1390 NORTHWEST 24TH AVENUE,
MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
ALLAPATTAH COMMUNITY ACTION, INC., ("PURCHASER"), A FLORIDA
NOT -FOR -PROFIT CORPORATION, FOR THE SALE OF THE PROPERTY, TO
DEVELOP A UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD") ELDERLY HOUSING FACILITY FOR VERY LOW, LOW
AND/OR MODERATE INCOME FAMILIES AND/OR INDIVIDUALS, FOR A
MINIMUM PURCHASE PRICE OF $248,141, PENDING VERIFICATION OF
CONSTRUCTION COST ESTIMATES AND TO CONSUMMATE SUCH
TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED HEREIN;
ALLOCATING PROCEEDS FROM THE SALE OF THE PROPERTY TO A
CITY-WIDE AFFORDABLE HOUSING TRUST FUND.
WHEREAS, pursuant to Motion No. 03-147, adopted February 25, 2003, the administration was
instructed to review and make a recommendation regarding the City -owned property located at 1390
Northwest 24th Avenue, Miami, Florida ("Property"), for designation and proposed future sale to
Allapattah Community Action, Inc. ("Purchaser"), a Florida not -for -profit corporation, for the
development of affordable housing; and
WHEREAS, on March 12, 2003 the City of Miami ("City") received a letter from Purchaser
expressing an interest in the conveyance of the Property for the development of 64 elderly affordable
housing units; and
WHEREAS, the Purchaser has submitted a proposed site development plan for an 80-unit
affordable elderly rental housing development ("Facility"), and has notified the City that it intends to
apply for funding from the United States Department of Housing and Urban Development's Supportive
Housing for the Elderly program ("HUD 202 Program") for the purchase of the Property and the
construction of the Facility; and
WHEREAS, the City has a severe shortage of affordable housing for the elderly; and
WHEREAS, Section 29B of the City Charter exempts affordable housing developments from
competitive bidding requirements; and
WHEREAS, City agrees to sell the Property to Purchaser so that it shall be used to provide rental
housing for elderly individuals and/or family within the economic affordability range of very low, low
City of Miami
Page 1 of 3 Printed On: 9/26/2007
File Number: 04-00427 Enactment Number: R-04-0380
and/or moderate income families and/or individuals, based on criteria established by federal and/or
state law; and
WHEREAS, Ordinance No. 12489, adopte1 February 26, 2004, amended Ordinance No. 11000 to
change the current zoning of the Property from PR, Parks and Recreation to R-3, Multifamily
Medium -Density Residential; and
WHEREAS, the Property is approximately 1.6 acres, sits vacant, represents a maintenance cost
and liability to the City and does not generate Od valorem taxes; and
WHEREAS, the Purchase and Sale Agreement ("Agreement") shall contain the following
conditions precedent to the conveyance of the property: (1) the Purchaser shall have been awarded
HUD 202 Program funding, (2) the Purchaser shall complete the closing for the HUD 202 Program
funding; and (3) the Purchaser shall agree to all conditions and restrictions imposed by HUD in
accordance with the HUD 202 Program funding; and
WHEREAS, should the Purchaser be awarded the HUD 202 Program funding to acquire and
develop the Property, proceeds from the sale shall be allocated to a City-wide Affordable Housing
Trust Fund;
NOW, THEREFORE, BE IT RESOLVED BA' 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 ip this Section.
Section 2. The City Manager is authorized to declare the City -owned property located at 1390
Northwest 24th Avenue, Miami, Florida ("Property"), as more particularly described in "Exhibit A,"
attached and incorporated, as surplus property.
Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with Allapattah Community Action, Inc., (Purchaser"), a Florida not -for -profit
corporation, for the sale of the Property to the Purchaser, to develop a HUD elderly housing facility for
very low, low and/or moderate income families and/or individuals for a minimum purchase price of
$248,141, pending verification of construction cost estimates, based on criteria established by federal
and/or state law and to consummate such transaction in accordance with the terms and conditions of
the Agreement, subject to the following conditions precedent to the conveyance of the property: (1) the
Purchaser shall have been awarded HUD 202 Orogram funding, (2) the Purchaser shall complete the
closing for the HUD 202 Program funding; and ,(3) the Purchaser shall agree to all conditions and
restrictions imposed by HUD in accordance with the HUD 202 Program funding.
Section 4. Proceeds from the sale of the Property shall be allocated to a City-wide Affordable
Housing Trust Fund.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
City of Miami Page 2 of 3 Printed On: 9/26/2007
File Number: 04-00427 Enactment Number: R-04-0380
{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.
City of Miami
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