HomeMy WebLinkAbout25639AGREEMENT INFORMATION
AGREEMENT NUMBER
25639
NAME/TYPE OF AGREEMENT
COLLABORATIVE DEVELOPMENT CORPORATION
DESCRIPTION
RENT REGULATORY AGREEMENT/3710 GROVE LANDING
(MIAMI FOR EVERYONE FUNDS)/FILE ID: 16848/R-25-
0064/MATTER ID: 24-2915K
EFFECTIVE DATE
June 26, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE.
6/26/2025
DATE RECEIVED FROM ISSUING
DEPT.
7/1/2025
NOTE
Prepared by:
Raymond Pereira, Esq.
Assistant City Attorney, City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130-1910
Tel: (305) 416-1800
After recording return to:
Dollila Pinkhasov
Contract Compliance Analyst
City of Miami
Department of Housing and Community Development
444 S.W. 2nd Avenue
Miami, FL 33130-1910
Property Address: 3710 Grand Ave., Miami, FL 33133; 3735 Washington Ave., Miami, FL 33133; 3442 SW 37th
Ave., Miami, FL 33133; 3424 SW 37th Ave., Miami, FL 33133; 3714 Washington Ave., Miami, FL 33133; 3718
Washington Ave., Miami, FL 33133; and 3719 Thomas Ave., Miami, FL 33133
RENT REGULATORY AGREEMENT FOR
3710 GROVE LANDING (MIAMI FOR EVERYONE FUNDS)
This RENT REGULATORY AGREEMENT ("Regulatory Agreement") is entered into
this a(o44'day of 3' u'e , 2025, between COLLABORATIVE DEVELOPMENT
CORPORATION, a Florida not -for -profit corporation (hereinafter referred to as "Borrower")
and the CITY OF MIAMI (hereinafter referred to as the "City").
The execution of this Regulatory Agreement by the Borrower is in connection with the
loan of Miami For Everyone ("MFE") funds, (the "Loan"), secured by certain loan documents to
be executed in connection therewith (the "Loan Documents"), for the new construction mixed use
rental and condominium Project, consisting of a total of seventy (70) units to be known as 3710
Grove Landing (the "Project"), located at 3710 Grand Ave., Miami, FL 33133, 3735 Washington
Ave., Miami, FL 33133, 3442 SW 37th Ave., Miami, FL 33133, 3424 SW 37th Ave., Miami, FL
33133, 3714 Washington Ave., Miami, FL 33133, 3718 Washington Ave., Miami, FL 33133, and
3719 Thomas Ave., Miami, FL 33133 (collectively, the "Property"). Of the Project's total seventy
(70) units, sixty-three (63) of the Affordable units shall be MFE Assisted Units (the "MFE
Assisted Units").
In accordance with the requirements set forth in (i) that certain Miami For Everyone Loan
Agreement for 3710 Grove Landing to be executed by the Borrower and the City for the MFE
funds (the "Agreement" or "Loan Agreement"), and (ii) the other Loan documents of even date
therewith between the Borrower and the City, of the Project's total seventy (70) units, sixty-three
(63) of the Project units are considered "MFE Assisted Units," eighteen (18) of the MFE Assisted
Units shall be rental units Low Income Households and Workforce Income Households which
shall be subject to the restrictions provided herein.
Borrower hereby agrees to the following terms, conditions and covenants until the end of
the Affordability Period:
(1) Occupancy Requirements. Of the sixty-three (63) MFE Assisted units, eighteen
(18) of the MFE Assisted Units shall be MFE Assisted Units that shall be occupied by
eligible tenants, and shall be comprised of four (4) studios/one-bathroom for Low
Income Households; one (1) studios/one-bathroom for Workforce Income
Households; four (4) one-bedroom/one-bathroom units for Low Income households;
one (1) one-bedroom/one-bathroom units for Workforce households; three (3) two -
Page 1 of 11
bedroom/one-half bathroom units for Low Income households; one (1) two-
bedroom/one-half bathroom units for Workforce households; three (3) three-
bedroom/two- bathroom units for Low Income Households; one (1) three-
bedroom/two- bathroom units for Workforce Income Households. The eighteen (18)
MFE Assisted units shall be made available to tenants who qualify under the
occupancy requirements of Florida Housing Finance Corporation ("FHFC") and fit
the income requirements. "Low Income Household" for the purposes of this
Regulatory Agreement, shall mean a person or households with income at or below
eighty percent (80%) of the median income for Miami -Dade County, Florida, as
determined by FHFC, with adjustments and certain exceptions as provided in FHFC.
"Workforce Income Household" for the purposes of this Regulatory Agreement, shall
mean a person or households with income at or below ninety-five percent (95%) of
the median income for Miami -Dade County, Florida, as determined by FHFC, with
adjustments and certain exceptions as provided in FHFC.
(2) Maximum Rent Levels. The rents charged on the eighteen (18) MFE Assisted Units
shall be subject to the rent limits released annually by Florida Housing Finance
Corporation. The Rent maximums for leases signed in Miami, Florida effective as of
April 1, 2025 are as follows:
No. of
No. of
60% AMI
70% AMI
95% AMI
MFE
Maximum
Maximum
Maximum
Assisted
Bedrooms/Bathrooms
Rent
Rent
Rent
Units
2
Studio/1
$1,192
N/A
N/A
2
Studio/1
N/A
$1,391
N/A
1
Studio/1
N/A
N/A
$1,888
1
1/1
$1,279
N/A
N/A
3
1/1
N/A
$1,489
N/A
1
1/1
N/A
N/A
$2,021
2
2/1-half
$1,531
N/A
N/A
1
2/1-half
N/A
$1,786
N/A
1
2/1-half
N/A
N/A
$2,425
2
3/2
$1,770
N/A
N/A
1
3/2
N/A
$2,065
N/A
1
3/2
N/A
N/A
$2,803
Total
MFE
Assisted
Units =18
Page 2 of 11
The foregoing maximum rents include tenant paid utilities. In no event will the
monthly rent on a MFE Assisted Unit exceed ninety-five (95%) of the applicable
percentage of area median income set forth in Paragraph 1 above. Rents shall not be
adjusted for changes in income or FHFC published maximums until lease renewal.
(3) Income Re -certification. Tenant income for MFE Assisted Units shall be certified
by the Borrower annually on the anniversary of each tenant's lease and maintained in
the tenant file, subject to inspection by the City, in accordance with Paragraph 9 of this
Regulatory Agreement.
(4) Deposits and Pre -payments. Borrower shall not require, as a condition of occupancy
or leasing of any MFE Assisted Unit, any other consideration or deposit from the
tenant, except for the prepayment of one month's rent and plus a security deposit not
to exceed one additional month's rent.
(5) Prohibited Lease Provisions. The Borrower's leases for MFE Assisted Units shall
not contain any of the following provisions:
a. Agreement to be sued. A tenant lease may not contain a provision whereby
the tenant agrees to be sued, admits guilt or consents to judgment in favor
of the landlord in a lawsuit brought in connection with the lease.
b. Agreement regarding treatment of property. A tenant lease may not contain
a provision whereby the tenant agrees that the landlord may take, hold or
sell personal property of the tenant household without notice and a court
decision. This prohibition does not apply to personal property remaining in
the MFE Assisted Unit after the tenant has moved out.
c. Waiver of notice. A tenant lease may not contain a provision whereby the
tenant agrees that the landlord may institute a lawsuit without notice to the
tenant.
d. Waiver of legal proceedings. A tenant lease may not contain a provision
whereby the tenant agrees that the landlord may evict the tenant or a
household member without instituting a civil court proceeding in which the
tenant has the opportunity to present a defense or before a court decision on
the rights of the parties.
e. Waiver of a jury trial. A tenant lease may not contain a provision whereby
the tenant agrees to waive any right to a jury trial.
f. Waiver of right to appeal a court decision. A tenant lease may not contain a
provision whereby the tenant agrees to waive the tenant's right to appeal or
otherwise challenge in court a court decision in connection with the lease.
Agreement to pay legal costs, regardless of outcome. A tenant lease may
not contain a provision whereby the tenant agrees to pay attorney's fees or
other legal costs even if the tenant wins the court proceeding brought by the
landlord against the tenant. The tenant, however, may be obligated to pay
costs if the tenant loses.
h. Excusing owner from responsibility. A tenant lease may not contain a
provision whereby the tenant agrees not to hold the landlord or the
g.
Page 3 of 11
landlord's agents legally responsible for any action or failure to act, whether
intentional or negligent.
(6) Annual Reporting. Each year, on the anniversary of the issuance of the certificate
of occupancy/certificate of completion for the Project, and at other times at the request
of the City, the Borrower shall furnish occupancy reports in a form approved by the
City, and shall provide the City with such other information as may be requested by the
City relative to income, expenses, assets, liabilities, contracts, operations, and condition
of the Project and/or the MFE Assisted Units.
(7) Inspections. The Borrower agrees to submit the MFE Assisted Units to an annual
re -inspection to insure continuing compliance with all applicable housing codes,
federal and local housing quality standards and regulatory requirements. The Borrower
will be furnished a copy of the results of each inspection within thirty (30) calendar
days of completion, and will be given thirty (30) calendar days thereafter to correct any
deficiencies or violations.
At any time other than an annual inspection, the City may, in its discretion,
inspect any MFE Assisted Unit. The Borrower and the tenant will be provided with the
results of the inspection and the time and the method of compliance and corrective
action that must be taken.
(8) Record -keeping. The Property, including the MFE Assisted Units, equipment,
buildings, plans, offices, apparatus, devices, books, contracts, records, documents, and
other papers relating thereto shall at all times be maintained in reasonable condition for
proper audit and shall be subject to examination and inspection at any reasonable time
by the City. Borrower shall keep copies of all written contracts and other instruments
which affect the MFE Assisted Units, all or any of which may be subject to inspection
and examination by the City. Specifically, the foregoing includes all records,
calculations and information necessary to support tenant occupancy eligibility and
monthly rental charges in addition to all leases and written notices to tenants with
respect to the terms of this Regulatory Agreement, as required by Paragraph 12 of this
Regulatory Agreement.
(9) Default. Upon the occurrence of a violation of any provision of this Regulatory
Agreement, the City shall give written notice thereof to the Borrower, by registered or
certified mail, addressed to the Borrower's address as stated in this Regulatory
Agreement, or to such other address(es) as may subsequently, upon appropriate written
notice thereof to the City, be designated by the Borrower. In the case of a Borrower
which is a corporation or partnership, notices may also be sent by the City to the address
of the corporation's chief executive officer or to all general partners, as applicable, at
the City's discretion. If such violation is not corrected to the City's satisfaction, within
thirty (30) calendar days after the date such notice is mailed, or within such further time
as the City reasonably determines is necessary to correct the violation, without further
notice the City may declare a default under this Regulatory Agreement and under the
Agreement and the Loan Documents executed in connection therewith, and may
proceed to initiate any or all remedies at law or in equity provided for in the event of a
default under such agreements and Loan Documents.
Page 4 of 11
All notices under this Regulatory Agreement shall be in writing and addressed as
follows:
To Borrower:
With Copy to:
To City:
With Copy To:
Collaborative Development Corporation
3644 Grand Avenue
Miami, FL 33133
Attention: Joseph King
Law Office of Barry L. Simons, P.A.
ATTN: Barry Simons, Esquire
7300 N. Kendall Drive, Suite 680
Miami, FL 33156
Email: barry@barrysimons.com
barrysimons.com
City of Miami
Department of Housing and
Community Development
444 S.W. 2nd Avenue
Miami, FL 33130-1910
Attn: Victor Turner, Director
George K. Wysong III
Office of the City Attorney, City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130-1910
(10) Fines. Upon the occurrence of a violation of any provision of this Regulatory
Agreement, and regardless of the nature of the violation, the City will assess a flat
monthly fine in the amount of Fifty and 00/100 Dollars ($50.00) per MFE Assisted
Unit that is the subject of such violation up to a maximum of Five Thousand and 00/100
Dollars ($5,000.00) per month, for each month the violation is not corrected, and pay
same over to the City. The remedy for violation provided in this section of this
Regulatory Agreement is cumulative with any and all remedies at law or in equity
provided in the event of a default under this Regulatory Agreement and/or the Loan
Documents.
(11) Tenant Notice. Borrower agrees during the term of this Regulatory Agreement, to
furnish each tenant of a MFE Assisted Unit, at the execution or renewal of any lease or
upon initial occupancy, if there is no lease, with a written notice in the following form:
The rent charged for your apartment and the services included
in that rent are subject to a Rent Regulatory Agreement
between the landlord and the City of Miami, for the term of the
Affordability Period. A copy of the Rent Regulatory Agreement
will be made available by the landlord to each tenant upon
request.
Page 5 of 11
If there is no lease for a MFE Assisted Unit, Borrower shall maintain a file copy
of such notice delivered to the tenant, with a signed acknowledgement of receipt by the
tenant. All such notices to tenants will be made available for inspection upon request
by the City.
(12) No Conflict with Loan Documents. The provisions of this Regulatory Agreement
are in addition to, and do not amend, alter, modify, or supersede in any respect, the
provisions of the mortgage and/or any of the other Loan Documents executed in
connection with the Loan.
(13) Partial Invalidity. The invalidity of any paragraph or provision of this Regulatory
Agreement shall not affect the validity of the remaining paragraphs and provisions
hereof.
(14) Term. This Regulatory Agreement shall be effective until the expiration of the
Affordability Period. On the expiration of such period, this Regulatory Agreement shall
immediately lapse and be of no further force and effect without the necessity of any
other written document or instrument. Notwithstanding the foregoing, upon such
expiration, the Borrower shall be permitted to prepare and record an instrument
evidencing the expiration of and other termination of this Regulatory Agreement in the
Public Records of Miami -Dade County, Florida.
(15) Definitions. All capitalized terms used herein and not otherwise defined shall have
the meanings provided in the Regulation and/or in the Loan Documents.
(16) Exclusion of Commercial Spaces. Notwithstanding anything to the contrary in this
Regulatory Agreement or in the Agreement, it is expressly understood and agreed that
the Regulation and all other terms, conditions, restrictions, and requirements of this
Regulatory Agreement shall exclude, and shall not apply to, or otherwise restrict or
affect, the operation, maintenance, leasing, improvement, base rent and other additional
rent determination and collection, and all other aspects of the Borrower's management,
leasing, and ownership of all or any portion of the commercial and retail spaces located
in the Project, if applicable.
(17) Severability. Invalidation of one of the provisions of this Regulatory Agreement
by judgment of Court shall not affect any of the other provisions of the Covenant, which
shall remain in full force and effect.
(18) Recordation. This Regulatory Agreement shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the sole cost and expense of the
Owner.
(19) Governing Law and Venue. This Regulatory Agreement shall be construed and
enforced pursuant to the laws of the State of Florida, excluding all principles of choice
of laws, conflict of laws and comity. Any action pursuant to a dispute under this
Regulatory Agreement must be brought in Miami -Dade County and no other
venue. All meetings to resolve said dispute, including voluntary arbitration,
mediation, or other alternative dispute resolution mechanism, will take place
in this venue. The parties both waive any defense that venue in Miami -Dade
County is not convenient.
Page 6 of 11
(20) Counterparts. This Agreement 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 Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (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 Agreement upon request.
(21) Attorney's Fees. In the event litigation, arbitration, or mediation, between
the parties hereto, arises out of the terms of this Regulatory Agreement, each
party shall be responsible for its own attorney's fees, costs, charges, and
expenses through the conclusion of all appellate proceedings, and including
any final settlement or judgment.
[Signature Page Follows]
Page 7 of 11
This REGULATORY AGREEMENT has been executed and delivered as of the day and
year first above written.
WITNESSES: // / / / / BORROWER:
Signature
Print Name:
rreu
Address: . ist.)-4t6e0
Mictrni, FL 3315tt0
Signature:
Print Na
Address.
COLLABORATIVE DEVELOPMENT
CORPORATION, a Florida not -for -profit
corporation
By:
Print Name: Joseph King
`fff Title: President
S.rA$ f'704,
PROJECT SPONSOR'S ADDRESS:
Collaborative Development
Corporation, a Florida not -for -profit
corporation
3644 Grand Avenue
Miami, FL 33133
Attention: Joseph King
ACKNOWLEDGMENT
STATE OF FLORIDA
}
COUNTY OF MIAMI-DADE 1 SS:
The foregoing instrument was acknowledged before me by means of Ef physical presence or O online
notarization, this & day of dune 2025 by Joseph King as President of Collaborative Development
Corporation, a Florida not -for -profit corporation. She/He is personally known m- or has produced
br'►vev License as identification.
(NOTARY PUBLIC SEAL)
•".._ 2; LIS?ol AURORA MONTERREY
x_ ��`.:; Notary Dub iic - State of F:orida
Commission ; HH 172973
My Comm. Expires Sep 7, 2025
3ordec throi.gh ratiorai Notary Assn.
Signature aking
Acknowl gment
(Printed, Typed, or Stamped Name of Notary
Public)
Serial Number, if any
Page 8 of 11
ATTEST:
City Clerk
Date:
CITY:
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Approved by Housing and Community
Development Department:
Victor T. Turner
Director
APPROVED AS TO FORM
AND CORRECTNESS:
Trir
George AL. Wysong 1II
City Attorney
2.-2�115JL)
Arthur Noriega
City Manager
Page 9 of 11
Exhibit A
Legal Description Of The Property
Parcel 1: 3710 Grand Avenue, Miami, FL 33133
Lots 41 through 52, Block A, of St. Alban's Park, of Combined and Supplemental Map of
MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded
in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida, less that portion of said
Lots for street right of way as shown on the Right of Way Map according to the map or plat thereof
as recorded in Plat Book 101, Page 58, Public Records of Miami -Dade County, Florida, and less
legal description in Eminent Domain Proceedings filed in O.R. Book 6544, Page 666 and in O.R.
Book 11075, Page 2511, and less that portion of said Lots for street right of way as shown on the
Right -of -Way Deed recorded in O.R. Book 33487, Page 4449, Public Records of Miami -Dade
County, Florida.
Parcel 2: Parcel 2: 3735 Washington Avenue, Miami, FL 33133
Lots 1 and 2, Block 1, of St. Alban's Park, of Combined and Supplemental Map of MacFarlane
Homestead Plat and St. Alban's Park, according to the map or plat thereof as recorded in Plat Book
5, Page 81, Public Records of Miami -Dade County, Florida, less that portion of said Lots for street
right of way as shown on the Right -of -Way Deed recorded in O.R. Book 33487, Page 4449, Public
Records of Miami -Dade County, Florida.
Parcel 3: 3714 Washington Avenue, Miami, FL 33133
Lot 49 and the East 7 feet of Lot 50, Block B, of St. Alban's Park, of Combined and Supplemental
Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or plat thereof as
recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida.
Parcel 4: 3718 Washington Avenue, Miami, FL 33133
The West 13 feet of Lot 50 and the East 9.5 feet of Lot 51, Block B, of St. Alban's Park, of
Combined and Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according
to the map or plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade
County, Florida.
Parcel 5: 3719 Thomas Avenue, Miami, FL 33133
Lots. 43 and 42, less the West 1.5 feet of Lot 42, Block B, of St. Alban's Park, of Combined and
Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or
plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida.
Parcel 6: 3442 SW 37 Avenue, Miami, FL 33133
Lots 44, 45, 46 and the South 1/2 of Lot 47, Block B, of St. Alban's Park, of Combined and
Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or
plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida.
Parcel 7: 3424 SW 37 Avenue, Miami, FL 33133
Page 10 of 11
The North 1/2 of Lot 47 and all of Lot 48, Block B, of St. Alban's Park, of Combined and
Supplemental Map of MacFarlane Homestead Plat and St. Alban's Park, according to the map or
plat thereof as recorded in Plat Book 5, Page 81, Public Records of Miami -Dade County, Florida.
15u. bc\
Page 11 of 11