HomeMy WebLinkAboutAmended Corrective City DeedThis Instrument Prepared By
and Retum To:
Denise Wallace, Esq.
City of Miami
Office of the City Attorney
444 S.W. 2ND Avenue
Miami, Florida 33130-1910
``t11Ii111I1IIIII111111111111111II11111I!1111
C FF4 2OO9R0138542
DR Bk 26880 Fss 4493 — 4498i (6pas
RECORDED 05/28/2009 09: 38: 42
HARVEY RUVIH, CLERF:. OF COURT
I'1IA11I-DADE COUNTY? FLORIDA
AMENDED CORRECTIVE CITY DEED
THIS AMENDED CORRECTIVE CITY DEED is made as of the (0 day of
, 2009, 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 (the "City" or the "Grantor"), to
Allapattah Business Development Authority, Inc., a not for profit corporation with offices at 2634
NW 21' Avenue, Miami, Florida 33142, (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, does hereby remise,
release, convey and quit -claim unto the Grantee, its heirs and its assigns, subject to the right of
reverter set below, all of the City's rights, title and interest in that certain land situated in Miami -
Dade County, Florida, hereinafter referred to as the "Property", to wit:
As described in Exhibit "A" attached hereto and made a part hereof, and
hereinafter referred as the "Property".
This Amended Corrective City Deed conveys only the interests of the City in the
Property described herein, and shall not warrant title thereto.
This Amended Corrective City 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 agrees for itself and its successors and assigns that for a period of
twenty (20) years from the completion of construction, as evidenced by the receipt of all required
certificates of occupancy for both homes hereinafter described, the Property shall only be used to
provide one (1) owner occupied twin home (two (2) single-family homes) for individuals and/or
families within the economic affordability range of low 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 the construction of one (1) owner occupied twin home
(the "Improvements") on the Property on or before December 31, 2009, or such later date as may
be approved by the City Commission of the City of Miami, and shall continue diligently with the
construction of the Improvements to completion. Construction shall be completed, as evidenced
by the receipt of all required certificates of occupancy for both such homes and both such homes
shall be sold to Low Income homebuyers approved by the City, on or before December 31, 2010,
or such later date as may be approved by the City Commission of the City of Miami.
THIS AMENDED CORRECTIVE CITY DEED AMENDS CONDITIONS/RESTRICTIONS
STATED IN PARGRAPH NUMBERS 1, 2 AND 6 IN THAT CERTAIN CITY DEED DATED
DECEMBER 10, 2004, RECORDED MARCH 21, 2005, IN OFFICIAL RECORDS BOOK 23186,
AT PAGE 3483, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
1
Dw: Second Corrective City Deed;153098
3. The Grantee and Grantee's successors agree 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.
4. The Grantee and Grantee's successors agrees to pay the real estate taxes and
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 successors agree 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,
(1997), as amended from time to time.
5. Grantee and its successors shall not suffer any levy or attachment to be made, or
any materialman's or mechanic's lien, or any 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 an appraiser
acceptable to the City;
b) Any mortgage(s) in favor of any 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 acceptable to the City.
The recordation, together with any mortgage purporting to meet the requirements of
clauses (a) of (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
fund, 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, or change the
ownership or control of the Grantee, without the prior written consent of the City.
The restrictions, conditions and covenants set forth in Sections 1 through 6 of this
Amended Corrective City 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 Amended
Corrective City Deed shall be binding for a period of twenty (20) years from the completion of
construction as provided above, at which time, the Property shall no longer be subject to the
restrictions, conditions and covenants contained in this Amended Corrective City Deed.
In the event the Grantee or its successors or assigns violate or otherwise fail to comply
with any of the restrictions, conditions and covenants set forth in this Amended Corrective City
2
Dw: Second Corrective City Deed:153098
Deed, the Grantee or its successors or assigns shall correct or cure the default/violation within
thirty (30) days of notification of the default by the City (the "Cure Period"). If Grantee or its
successors or assigns fails to remedy the default within the Cure Period, the City 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, title to the
Property shall immediately and automatically revert to the City.
IN WITNESS WHEREOF, the Grantor has caused this Amended Corrective City Deed
to be executed the day and year first above written.
Signed, sealed and delivered
in our presence:
c
Print Name:
kitshy 5r�� r
Print Name:
Approved as To Form And
Correctness:
Julie 0
CityA orney
3
Dw: Second Corrective City Deed:153098
City of Miunicipal corporation
of the S rida
Pedro G. Hernandez
City Manager
Atte
riscilla A. Thompson
City Clerk
STATE OF FLORIDA
) SS
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 10 day of
I , 2009 by ZZ- sas City Manager of the City
of Miami, a municipal corporation of the State of Florida, who is personally known tome
or who has produced as identification and who did/did
not take an oath.
Printed Name:
Notary Public
My Commission Expires:
NOTARY PUBLIC -STATE OF FLORIDA
Ofelia E. Perez
Commission # DD701412
`Expires: AUG. 02, 2011
BONDED THEW ATLANTIC BONDING CD., INC.
The foregoing conveyance was approved pursuant to Resolution No. R-09-0028 of the
City Commission of the City of Miami, a municipal corporation of the State of Florida,
passed and adopted on January 15, 2009. A copy of Resolution No. R-09-0028 is
attached hereto as Exhibit "B".
4
Dw: Second Corrective City Deed 1.53O98
Exhibit
Legal DescrioGoa
1264 NW 31 st Street. Miami. Fla
Lot 20, Block 6, WESTEND PARK
Lot 20, in Plat Book Book R . AMENDED, according
recorded
Flo6rida.
of the Public Records of the Plat thereof, as,
Miami -Dade County,
Dui: Second Corrective City Deed: i530S8
Bk 263SO PG 449S
[ ST PAGE
Exhibit B
Resolution No. R-09-0028 of the City Commission of the City of Miami, passed and
adopted on January 15, 2009.
STATE OF FLORICA. Goutirr
t HEREBY GER Fine tnis
oqfl
fik'd i .
6
Dw: Second Corrective City Deed:153098