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HomeMy WebLinkAboutDeclaration of Covenants3LJJU LU) JE ei_'[ C iiluLl HUH ILEA • CrNI . il._g B_1 t. C i=. 4- O OR E'.i.; 25E79 Pss 2944 - 295 r 1Ovs RECORDED ORDEL C!3 , .,in7 ii�,. 4: "; W'iF�:U'F_Y RU Ih1r rFCLi_ftK. OF (;RII' 1 11I41I-0A E CUUfiTYr FULL( Return recorded copy to: City of Miami Department of Hearing Boards 444 S.W. 2nd Avenue, 7"` Floor Miami, FL 33130-1910 Document prepared by: Office of City Attorney Jorge L. Fernandez 444 SW 2"° Av., Suite 945 Miami, FL 33130-1910 DECLARA T tON OF RESTR CMV : COVENANTS FOR AFFORDABLE HOB; E-OV 3ER DEVELOPMENTS This Declaration of Restrictive Covenants (the "Declaration") made this » day of 0� , 2001, by RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVEL' OPMENT CORP., (the "Owner"), having an address at 2400 N. Miami Avenue, Miarni, Florida 33127, in favor of CITY OF MIAMI, a municipal corporation of the State of Florida (the "City"). WHEREAS, Owner hereby covenants that Owner is lawfuily seized of that certain real property located in Miami -Dade County, Florida, legally described in Exhibit A , attached hereto and incorporated herein (the• "Property"); that Owner intends to construct one signal family home that is set aside for home -owners qualifying for occupancy pursuant to Section 42 of the Internal Revenue Code(collectively, the "Project"); and WHEREAS, Owner has applied to City for the deferral of eight thousand and ninety nine and Zero/100 dollars ($8,099.00) in developmental impact fees (hereafter "impact fee[s]") otherwise applicable to this Project, pursuant to the requirements for deferral of impact fees as set forth in the City of Miami Code of Ordinances (the "Code"), including specifically, but not limited to Sections 13-8 and 13-16; and WHEREAS, pursuant to Section 13-8 of the Code, e condition of the deferral of impact fees for affordable housing is that Owner must reasonably ensure that the Project is reserved for "Affordable Housing" es defined in § 13-5 of the Code and Section 3 herein; and WHERE,";S, Owner desires to defer said impact fees until such time as/Ahe Properly no longer qualifies as an affordable housing development pursuant to Section 42 of the Internal Revenue Code, as described in Section 3, below; and 1 WHEREAS, the Owner, has subrrn `,ted an eligible and timely Petition for an afcrda.ble housing deferral of impact fees dete-mination under the § 13-16 of the Code, which is found by City staff to be acceptable; and WHEREAS, the O' nor affirms that the ono home to be constructed on the Property (as described in_ Exhibit A) shall be individually owned, this Declaration shail only apply to the homes which qualify for this affordable housing impact fee deferral program and that this Declaration will appear in the County real estate records for every individual home that qualifies as an affordable housing home under this program; and WHEREAS, the Owner affirm:..3 that all portions of the development that do not qualify for this deferral shall be paid in full prior to issuance of a building permit; and, WHEREAS, O °:'ner, in fuifi!lment of that obligation hereby places certain restrictions on the use of the Property. NOW, THEREFORE: 1. The recitals set forth above are true and correct and are incorporated into this Declaration. 2. This Declaration shall constitute a covenant running with the title to .i.le Property and be binding upon the Owner, its successors, heirs, representatives and assigns, effective upon recordation in the Public Records of MM1iemi-Dade County, Florida, for an initial term of thirty (30) years, and if the Owner remains in compliance herewith, the tc m hereof shall be automatically extended for successive periods of ten (10) years, unless sooner terminated in accordance with the provisions of Section 4, below. These restrictions shall be for the benefit of, and a limi.ation upon, all present and future owners of the Property and for the public welfare. This Declaration shall also serve as the affordable housing impact fee deferral agreement under §13-0 of the Code. 3. Owner hereby declares that the Property shall be held, mai-ntained, transferred, sold, conveyed and owned subject to the follor'ting designations and restrictive covenants: Owner hereby agrees that eight thousand and ninety nine and Zero/100 dollars ($3,099.00) in impact fees have been deferred for the construction of one affordable housing home. Owner shall ensure that the aforementioned home is sold at a purchase price that does not exceed the maximum purchase price as set by the City Commission for the City's First -Time Homebuyer program and the income of the purchaser 2 does not exceed 120% of area median income adjusted for household size, as published annually by Florida Housing Finance Corporation, subject to any additional/other restrictions that may be in;posed by the City in the event the City is financing of the project. 4. City, at the request of Owner or its successor or assigns, shall cause a release of this Declaration to be executed and recorded in the Official Records of Miami -Dade County, Florida upon payment of all applicable impact fees at the rate in effect at the time of the request for such release prior to the above referenced time periods. The City Manager or his successor is authorized to execute a release of this Declaration upon payment of all applicable impact fees at the rate in effect at the time of the request for the release of this Declaration. 5. It is understood and agreed that any official inspector of the City may have the right at any time during normal business hours to enter upon the Property for the purpose of inv^stic!lt:ic, the use of the Property and for determining whether the conditions or tills Declaration are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any person or persons, entity or entities, violating or attempting to violate the terms of this Declaration, either to restrain violations or to recover actual damages. This enforcement provision. shall f:e in addition to any other remedies available under the law. 6. Impact fees that would be payable as of the date hereof shall be come due and payable by the then -current owner of the Project if and when it loses its status as an Affordable Housing community. Such payment shall be made in full within thirty (30) days following the date on which the Project no longer qualifies as Affordable Housing. Late payments shall accrue interest at 18% per annum until fully paid. In the event the City or its agents rnist institute a civil action to collect any funds due or enforce any obligation under this instrument then it will recover its court costs and reasonable attorneys' fees. 7. Any modification or deferral of any provision of this Declaration shall not be effective unless the sarne is in writing by the Owner and signed on behalf of the City, by an authorized City official, and such modification, deferral or consent shall be acceptable in form and substance to, and subject to approval by, the Office of the City Attorney. 8. invalidation of any provision of this Declaration by judgment or court order shall in no l:r'ay affect any other conditions which remain in fu!! force and effect. 3 9. This Declaration shall be recorded in the Public Records of Miami -Dade County, Florida, al: the cost of the Owner, and shall become effective upon recordation. . The Owner shall furnish a recorded copy of this Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Owner shall comply with al; provisions of this Declaration and of Chapter 13, City of Miami Code, as amended and all ether applicable lams, rules and regulations, including without limitation those dealing with affordable housing and the City of F'1iami.Zoning Ordinance. 11. In the event Owner receives any funding from the City in the form of HOME, SHIP, CDBG or other subsidy, this Covenant shall be interpreted to comport with all such City funding documents including but not limited to any applicable Rent Regulatory Agreement or Declaration of Restrictive Covenants; provided, however, in the event of any conflict between the terms of this Covenant and the terms of the City funding documents, the terms of the document which imposes. the more stringent requirements shall control. SIGNATURES ON FOLLOWING PAGES IN WITNESS WHEREOF, Owner and City have executed this Declaration of Restrictive Covenant:.; as follows: fad HserS6i::':dez I `V 4. sia• and By. Jiritza / r STATE OF FLORIDA: • COUNTY OF MIAMI-DADE xcautivc.(Director 1/ i"1 �% Sworn to and subscribed before me this / (47 day of - ,:�.-�'(/�- , 2007, by Janitza T. Kaplan who7is either personally known to rne,, r \.rvho produced a Florida drives lid /ise as i ientification. Notary Public, S ate of Florida Commission No.: Y U i yy c j `u ivvv"e .rZ.\F,.A,. Him:: : ;;re of Florida .� - ,e- `Y'�,,, ,,,�.^,„ oy tir rt v 140,:i: My Commission Exr�ires: v� l �, , ht , ,:, 'A`,,. ,.. vi,.•.:r::,,:nis3ion DUG7290G c ''or' ,,5 .-.ru; ' /12/2011 A /'ATTEST/I' y(1{l/ess STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE CITY: CITY OF F:;i, AMI, a municipal corip all n of the Slate of Florida By: Witness ter.--'—/ Sworn to and subscribed before m : this day of �' 2Q07, by Pedro Hernandez, as Cif,yAanage -Qt City of Miami, a municipd corporation of the State /of Flo id<,a. I -I(} rsonallt';nc^;wnn.to me or Iias produced E:t.ENA i denu'iL aLion. NatLry P4?:c - S'a°:o of Florida •:MjC :m13^!v r,ares:,1p14,2:<J10 25 5 s=�'' Cc" ;si3�-gin Pr` Ofi ?3 = 4 Corr m ssion No.: l ',Ay Commission Expires: = / ;"`/ (— /)}-1 '`�nui.F• ©(7;':�.; .� r"lP*ki'ri '^frith (1.5;. t Approved As To Legal Form and CorrecWss: Jorge I_; Fernandez City`Attbrney) Approved: Z Approved: 'kf. Community Development Beparpnept honing Administf !tor G 2_k 00 Lot 29, in Block 1, of WYNWOOD PARK, according to the Hat thereof as recorded in Plat Book 5 at Page 23 of the Pubiic Records of 11,;iarii Dade County, Florida a.k.a. 3511 NW 1 Ave., Miami FL