HomeMy WebLinkAbout25129AGREEMENT INFORMATION
AGREEMENT NUMBER
25129
NAME/TYPE OF AGREEMENT
AIDS HEALTHCARE FOUNDATION, INC.
DESCRIPTION
DECLARATION OF RESTRICTIVE COVENANTS/ATTAINABLE
MIXED -INCOME HOUSING DEVELOPMENT//MATTER ID: 24-
1786/#17
EFFECTIVE DATE
ATTESTED BY
NICOLE EWAN
ATTESTED DATE
8/9/2024
DATE RECEIVED FROM ISSUING
DEPT.
8/12/2024
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
Y
ORIGINATING DEPARTMENT: CMO
DEPT. CONTACT PERSON: Edith MCCray EXT.
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: PZ-22-15635
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES El NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑, EXPERT CONSULTANT AGRE1MENT
El LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
COMMISSION APPROVAL DATE: / /
El PUBLIC WORKS AGREEMENT
El MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
El LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
a� 7
a5Ia�
ROUTING ._INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT:
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
PRINT:
SIGNATURE:
SUBMITTED TO CITY ATTORNEY
PRINT:
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
APPROVAL BY DEPUTY CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT:
SIGNATURE:
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
PST:
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
e 2- - 22-( 5,3r
Document prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio Nos: 01-3230-026-0920
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
FOR ATTAINABLE MIXED -INCOME HOUSING DEVELOPMENT
This Declaration of Restrictive Covenants (the "Declaration") made this _day of
, 2023, by, a AIDS HEALTHCARE FOUNDATION, INC., a California
non-profit public benefit corporation ("Owner") having an address at 6255 W Sunrise
Boulevard, 21 Floor, Los Angeles, California, 90028, in favor of CITY OF MIAMI, a
municipal corporation of the State of Florida ("City"), having an address at 444 SW 2nd Avenue,
Miami, Florida 33130; and
WHEREAS, Owner hereby covenants that Owner is lawfully seized of that certain real
property located in the City of Miami, Miami -Dade County, Florida, assessed under Folio
Number: 01-3230-026-0920, legally described in Exhibit "A," attached hereto and
incorporated herein (the "Property"); that Owner intends to construct a multi -family
residential structure as Attainable Mixed -Income Housing as defined in Article 1, Section 1.2
and Article 3, Section 3.15.2 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), as may be amended; and
WHEREAS, the proposed Development will provide a minimum of forty percent (40%)
of the Dwelling Units as Affordable Housing serving residents at or below sixty percent
(60%) of Area Median Income ("AMI"), including TEN PERCENT (10%) of the Dwelling
Units as Extremely Low Income serving residents at or below thirty percent (30%) of AMI,; and
WHEREAS, the proposed Development shall contain 75 Dwelling Units to be Extremely
Low Income Housing Dwelling Units set aside for Extremely Low Income Housing, as defined
in Article 1, Section 1.2 of the Miami 21 Zoning Code and Section 13-5 of the City Code, as
applicable and as may be amended (collectively, "Units" and the "Project"); and
WHEREAS, Owner has applied to City for the deferral of THREE HUNDRED SIXTY
THREE THOUSAND AND TWO HUNDRED TWENTY NINE and 50/100 DOLLARS
($363,229.50) in developmental impact fees (hereafter "impact fee[s]") otherwise applicable to
these Units, pursuant to the requirements for deferral of impact fees for Affordable and
Folio No.: 01-3230-026-0920
Workforce Housing as set forth in the City of Miami Code of Ordinances (the "Code"), including
specifically, but not limited to Sections 13-5, 13-8 and 13-16; and
WHEREAS, pursuant to Article 3, Section 3.15.2 and Section 3.15.6 of the Miami 21
Code, the Owner agrees to provide the minimum Dwelling Units as Extremely Low Income
Housing, Affordable Housing, and/or Workforce Housing as described above; and
WHEREAS, pursuant to Section 13-8 of the City Code, a condition of the deferral of
impact fees for Affordable and Workforce Housing is that Owner must reasonably ensure that
the Project is reserved for "Affordable Housing" or "Workforce Housing" as defined in Section
13-5 of the Code and described in Section 3 herein; and
WHEREAS, Owner desires to defer said impact fees until such time as the Property no
longer qualifies as an Affordable and Workforce Housing Development pursuant to Section 13-5
of the City Code and as described in Section 3, below; and
WHEREAS, the Owner, submitted an eligible and timely Petition for an Affordable and
Workforce Housing deferral of impact fees determination under § 13-16 of the Code, which is
found by City staff to be acceptable; 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 voluntarily places certain
restrictions on the use of the Property;
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged:
1. Recitals. The recitals set forth above are true and correct and are
incorporated into this Declaration.
2. Covenant Running with the Land. This Declaration shall constitute a covenant
running with the land and be binding upon the Owner, its successors, heirs, representatives and
assigns, effective upon recordation in the Public Records of Miami -Dade County, Florida, for an
initial term of thirty (30) years. The term hereof shall be automatically extended for successive
periods of ten (10) years that may be released a vote of the City Commission, with such costs,
fees, and expenses associated with any release being the responsibility of the party requesting the
release. 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 and Workforce Housing impact fee deferral agreement under Section 13-8 of the City
Code.
3. Restriction. Owner hereby declares that the Property shall be held, maintained,
transferred, sold, conveyed and owned subject to the following designations and restrictive
covenants:
2 Rev. 7/2020
Folio No.: 01-3230-026-0920
Owner hereby agrees that THREE HUNDRED FIFTY-TWO
THOUSAND AND SIX HUNDRED FIFTY DOLLARS ($352,650.00) in
impact and/or administrative fees (the "Deferred Impact Fees") have been
deferred for the construction of 75 UNITS TO BE AFFORDABLE
HOUSING. In consideration, the Owner shall ensure that the
aforementioned units shall be rented or sold to persons of the general
public qualifying for occupancy of Extremely Low Income Housing as
defined in Article 1, Section 1.2 of the Miami 21 Zoning Code and in
Section 13-5 of the City Code, as applicable and as may be amended; and
The Project shall contain 75 Dwelling Units in total with 75 Dwelling
Units set aside for Extremely Low Income Housing as defined in Article
1, Section 1.2 of the Miami 21 Zoning Code and in Section 13-5 of the
City Code, as applicable and as may be amended; and
Prior to converting any of the Extremely Low Income Housing Units from
rental units to homeownership units, the Owner, or its successors or
assigns, must request and receive written authorization from the City
Manager. In the event that the conversion is authorized, the City and
Owner shall coordinate to record covenantson individual units
("Individual Covenants") in a manner that creates the same amount of
Affordable or Workforce homeownership units specified in this
Declaration. Each Individual Covenant must (i) specify the applicable
AMI for any purchaser during the term of the Individual Covenant and (ii)
expire on the same date as the Covenant for Affordable or Workforce
Housing; and
In the event that any of the Workforce, Affordable, or Extremely Low
Income Housing Units are sold, the specific Unit(s) must be sold with a
purchase cost equal to or less than the standards for those individuals
whose income is at or below the AMI as established herein. Each
Affordable, Workforce, or Extremely Low Income Housing Unit sold
shall include a deed restriction that the Unit shall only be sold with a
purchase cost equal to or less than the standards for those individuals
whose income is at or below the applicable AMI as established in the
Covenant and shall further indicate that the Unit shall only be rented or
sold to individuals whose income is at or below the AMI as established
herein. The deed restriction must specify the specific applicable AMI.
4. Release. Any release of this Declaration shall be pursuant to Section 2 of this
Declaration. Any release must be in recordable form and signed by the then Owner, the City
Manager, the Zoning Director, the Planning Director, and the Housing and Community
Development Director, or their successors or designees, in a form acceptable to and signed by
the City Attorney, or his/her successor or designee. Further, any release must require payment of
the Deferred Impact Fees and compliance with the Miami 21 Code, as amended.
- 3 Rev. 7/2020
Folio No.: 01-3230-026-0920
5. Monitoring. 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 to
investigate the use of the Property and determine compliance with the terms and conditions of
this Declaration.
6. Enforcement. 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, to
restrain violations, recover the Deferred Impact Fees, or for any other remedy available. In
addition, any violation or noncompliance of this Declaration shall be immediately referred to the
Code Compliance Department for enforcement proceedings, lien placement, and citations
pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both may be
amended, and this Declaration. Any violation or noncompliance of this Declaration shall be
referred to the City Attorney's Office for enforcement, including but not limited to injunctive
relief and/or any other remedies in law or equity. This enforcement provision shall be in
addition to any other remedies available under the law. The use of one remedy shall not preclude
the use of another.
7. Non -Compliance.
The Deferred Impact Fees shall become due and payable by the then -current owner of the
Project if and when it does not comply with Section 3 herein after notice and 90 days to cure.
Subject to applicable notice and cure provisions, such payment shall be made in full within thirty
(30) days following the date on which the Project no longer qualifies as Affordable Housing and
Workforce Housing as described herein. Late payments shall accrue interest at 18% per annum
until fully paid. This is in addition to any enforcement action pursuant to Section 6 above.
Any violation or noncompliance of this Declaration shall result in a monetary penalty to
be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed
as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of
compliance has been provided to the City. The monetary penalty shall not be subject to
mitigation or otherwise modified by any body or board including, but not limited to, the Code
Enforcement Board.
8. Modification.
Any modification, amendment, or deferral of any provision of this Declaration not
required by or associated with Section 3.15 of the Miami 21 Code shall not be effective unless
modification, amendment, or deferral is in recordable form and signed by the then Owner, the
City Manager, the Zoning Director, and the Planning Director, and the Housing and Community
Development Director, or their successors or designees, in a form acceptable to and signed by
the City Attorney, or his/her successor assignee.
Any modification, amendment or deferral of any provision of this Declaration required
by or associated with Section 3.15.2 of the Miami 21 Code shall not be effective unless
4 Rev. 7/2020
Folio No.: 01-3230-026-0920
modification, amendment, or deferral is approved by the City Commission at a publicly noticed
hearing with all associated costs, expenses, and fees paid by the party making the request; it shall
be in recordable form and signed by the then Owner, the Zoning Director, the Planning Director,
the Housing and Community Development Director, and the City Manager, or their successors or
designees, in a form acceptable to and signed by the City Attorney, or his/her successor assignee.
9. Costs. This Declaration, modifications, amendments, or releases thereof, shall be
recorded in the Public Records of Miami -Dade 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 Depai tnients of Zoning and Hearing Boards within thirty (30) days of
recordation.
10. Applicable Laws. Owner shall comply with all provisions of this Declaration,
Chapter 13 of the City Code, as amended, the City Zoning Code (Miami 21), as amended, and all
other applicable Federal, State, and local laws, rules, and regulations, including without
limitation those related to Affordable and Workforce Housing. Any violation of said laws shall
be deemed a violation of this Declaration.
11. City Funded Projects. 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.
12. Headings. The article and paragraph headings in this Declaration are inserted for
convenience only and shall not affect in any way the meaning or interpretation of this
Declaration.
13. Governing Law. This Declaration shall be construed in accordance with the laws
of the State of Florida and any proceedings arising between the parties in any manner pertaining
or relating to this Declaration shall, to the extent permitted by law, be held in Miami -Dade
County, Florida.
14. Entire Agreement. This Declaration incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein, including the Affordable Housing and Workforce Housing
components, and the parties agree that there are no other commitments, agreements, or
understandings concerning the matters contained herein, including the Affordable and Workforce
Housing components of this Declaration that are not contained in this Declaration. Accordingly,
the parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether written or oral. It is further agreed, that no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document utilizing the same formalities as were used in the execution of
this Declaration and pursuant to this Declaration.
5 Rev. 7/2020
Folio No.: 01-3230-026-0920
15. Notice. Any notice required to be given herein shall be given by personal delivery
or by certified U.S. mail at the address specified below or at such other address as may be
specified in writing by the parties.
DEPARTMENT
Zoning Director
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
With a copy to:
Office of the City Attorney
444 SW 2nd Avenue
Suite 945
Miami, Florida 33130
OWNER
AIDS HEALTHCARE FOUNDATION, INC.
6255 W Sunrise Boulevard, 21 FL
Los Angeles, CA 90028
Attention: Michael Weinstein, President
16. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
17. Recordation. This Declaration will be e-recorded by the City of Miami, at the
Owner's expense, in the public records of Miami -Dade County, Florida upon full execution.
(SIGNATURES ON FOLLOWING PAGES)
- 6 Rev. 7/2020
Folio No.: 01-3230-026-0920
Signed, witnessed, executed and acknowledged this 8th day of June, 2023.
Witnesses:
Print Nam 1•.S AS4 ,(L,{isuet
Print Name: ///Gj�-G` InT1-P;f
By:
Name:_Michael Weinstein
Title: President
ACKNOWLEDGEMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
State of California
) SS
County of Los Angeles
On June 8, 2023 before me, Claudia R. Immerzeel, Notary Public, personally appeared Michael
Weinstein, who proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity on
behalf of which the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California, that the
foregoing paragraph is true and correct.
Claudia R. Immerzeel, Not ry Public
(Seal)
CLAUDIA R. INAlER2ECL
Ailiff
Los Anplu County I
Commission 12415285
my Comm. Expire, Sep 2S. 202i
7 Rev. 7/2020
Folio No.: 01-3230-026-0920
A !EST
I
iriaod B. Hannon
Cit
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE
CITY OF MIAMI, a municipal
corporation of the S : to of Florida
By:
Arthur Norie
City Manager
The foregoing instrument was acknowled ed before me b means of .' physical
presence OR __ online notarization t is _tA day of ir I` , 2Ga4;1 by
Ai .L4 X A)i iP , , as elp _ (-2i of the City of' Miami,
Florida, a municipal corporation of the State of lorida. He/She is [ ] personally known to me or
has produced
My Co
Ap
OFELIA E. GONZALEZ
MY COMPASSION S HH 408741
EXPIRES' August 2, 2027
for
GedlriP41"ensah
Housing and Community Development
Director
as identifica�n
No 3, Public, St �f�Florida
Pr t or Stamp Name
Commission No.:
Approved:
Goldberg,igitally signed by
g, Goldberg, Daniel
Daniel Date: 2024.04.25 15:21:14
-04'00'
Daniel S. Goldberg, Esq.
Zoning Director
Approved as to legal form and correctness: Approved:
eorge K. Wysong III, 24-1786/PMA
City Attorney
Digitally signed by Snow,
Snow David David
� Date:2024.05.03
15:0526.04'00'
David Snow Interim Planning Director
- 8 - Rev. 7/2020
Folio No.: 01-3230-026-0920
EXHIBIT. "A"
LEGAL DESCRIPTION
Lot 7, Block 12, Edgewater, according to the plat thereof as recorded in Plat Book 2
Page 31, Public Records of Miami -Dade County, Florida; and
Lot 8, Block 12, Edgewater, according to the plat thereof as recorded in Plat Book 2
Page 31. Public Records of Miami -Dade County, Florida.
9 Rev. 7/2020