HomeMy WebLinkAboutDeclaration of Covenants6i. YLV1L1 it liu 1-1 /111 C1i1iY
!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 2n0 Av., Suite 945
Miami, FL 33130-1910
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DECLARATION C= RESTRC T 96E COVENANTS
FOR AFFORDAELE HOD -O°NER DEVELO;✓[MHN 9 S
1-7, 3.trictive Covenants (the "Declaration") made this 26 day
of RAFAEL HERNANDEZ F-IOUSING AND ECONOMIC
DEVLLc^)PiMEN I CO.Ri-), (the "Owner"), having an address at 2400 N. Miami Avenue,
Miami, 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 lawfully seized of that certain
real property located in P,liarni-Dade County, Florida, legally described in Exhibit __A ,
attached hereto and incorporated herein (the "Property"); that Owner intends to
constr_ ct one signal farnily home that is set aside for home -owners qualifying for
occupancy i,.. 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 13-10; and
WHEREAS, pursuant to Section 13-8 of the Code, a condition of the deferral of
impact fees for affordable housing is that Owner must reasonably ensure that the
Project is reserved for "Affordable Housing" as defined in § 13-5 of the Code and
Section 3 herein; and
WHEREAS, Owner desires to defer said impact fees until such time as the
Property no longer qualifies as an affordable housing development pursuant to Sectiorf'E:
42 of the Internal Revenue Code, as described in Section 3, below; and
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WHEREAS, the Ownc:i", has .alb 1ri.tt€d sn el; Jiff ;e and timely PetftJon for s i
affordable housing deferral of impact fees determination under the § 1 3-16 of the Code,
which is found by City staff to be acceptable; and
WHEREAS, tlx:; Owner affirms that the one home to be constructed on the
Property (as described in Exhibit A) shall be individually owned, this Declaration shall
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 affirms 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, Owner, in fulfillment of that obligation hereby places certain
restrictions on the use of the Property.
NOW, THEREFORE:
I . 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 the Property
and be binding upon the Owner, its successors, heirs, representatives and assigns,
effective upon recordation in the Pubic Records of P ami-Dade County, Florida, for an
initial term of thirty (30) years, and if the Owner remains in compliance herewith, the
term hereof shall b.s 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 limitation 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 §13-3 of the Code.
3. Owner hereby declares that the Property shall be held, maintained, transferred,
sold, conveyed and owned subject to the fbilowing designations and restrictive
covenants:
Owner hereby agrees thst eight thousand and ninety
nine and Zero/100 dollars ($8,099.00) 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,
I-iomebuyer program and the incorns of thia purchaser
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does not e;:eeed 120% of median income
adjusted for household size:, as published annually by
Florida 1- ousing Finance Corporation, subject to any
additional/other restrictions that may be imTrcosed by
the City in the event the City is fnancin€) of the
project.
4. City, at the request of O ,ner or its successor or assigns, shall cause a
release of this Declaration to be execute:) and recorded in the Official Records of
fviiami-Dade County, Florida upon payment of all applicable in`•;aaet 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 tho rate in effect at the time of
the request for the release of this Declaration.
�. 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 investigating the use of the Property and for determining whether the
conditions of this Declaration i:se 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 be 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 coirinlanity. 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 must 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 shali not
be effective unless the same is in with ig 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 way affect any other conditions which remain in full force and effect.
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9. This Declaration shail bo recorded ,n the Public Records of ,Miami -Dade
c„i
County, Florida, at 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
{-searing Boards within thirty (30) days of recordation.
10. Owner shall comply with. ail provisions of this Declaration and of Chapter
13, City of Miami Code, as amended and al! other applicable las 3, rules and
regulations, including without limitation those dealing with affordable housing and the
City of i,iarni Zoning Ordinance.
11. In the event Owner receives any funding from the City in the form of
I-101`. t , 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 tho terms of this Covenant and the terms of the City
funding documents, the terms of the document which fn poses the more stringent
requirements shail control.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS WHEREOF, Owner and City have e;.ccutod this Declaration of Restrictive
Covenants as follov;s:
R+at6 l HomancIc Hot956r , and;
an L1 .s L-x etatec --Director
.r //
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE
Sworn +,, ,, ,,.r !,
,1---, ,„ore me this /�� day of �..L-LA �_ ., 2007, by
Jarii,L, :;sonaliy known to m7)or wh /l produced a Florida
drivers lice ise as i derfifi .ation.
/ . /2 (/ /, r
.�C..L__ ! ,�+1y�Yi n, I�dorury R,.:hl:c .,isie of =(orida
Notary Public,` State of Florida p My�:; ,^r:_.,;,, 056/5900
Commission No.: �') \ (ec`1'.. �orFo r[rrr.-taiira, ,2mt
My Commission Expires: (c../ .-1f/
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ATTEST:,,
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Vitness�
STATE OF FLORIDA
COUNTY OF MiAMI-D, ,DE
•
)SS:
CITY:
CITY OF MIA€MI, a municipal
cor-oratin of the State of Florida
BY:�\ F
Witness
this �,�� day of /G G.4= , 007, by
Oi y of Miami, a nnunicip corporation of the
(,.'nown o me or has produced
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G'artelm By Nc(ioncl Notary A3;ln.
Notary Public, State of Florida
Commission No.:
My Commission Expires: (-i'/'
Approved As To Legal Form and
Corre tt nos/:,jI,.:
Z/ ,9
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Jorg�cc
�a lirFern ndez
City Attorney)
Approved:
•r �] �� it
Comrnunsy Developme
Approved:
itt Deper.tr,ant ' coning Adrninistrator
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EF:.)i `i dQ ( "A"
Lot 12, in Block 1, of Amended Plat of DONIVIOORE VILLA, according to the Plat
thereof as recorded in Plat Book 6 at Page 7 of the Public Records of Miami Dade
County, Florida a.k.a. 98 NVV 27 Street„ Miami FL
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