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HomeMy WebLinkAbout25640AGREEMENT INFORMATION AGREEMENT NUMBER 25640 NAME/TYPE OF AGREEMENT COLLABORATIVE DEVELOPMENT CORPORATION DESCRIPTION DISBURSEMENT AGREEMENT FOR 3710 GROVE LANDING/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 a5,40 DISBURSEMENT AGREEMENT FOR 3710 GROVE LANDING This Disbursement Agreement for Miami For Everyone ("MFE") funds ("Agreement") is made as of this Re" day of 7un e , 2025 by and between COLLABORATIVE DEVELOPMENT CORPORATION, Florida not -for -profit corporation (hereinafter the "Project Sponsor"), and the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter the "City"). RECITALS WHEREAS, the Project Sponsor is acquiring the real properties described in Exhibit "A" (collectively, the "Property"), and constructing a seventy (70) unit mixed use rental and condominium project to be known as 3710 Grove Landing (the "Project"). The Project will increase the supply of Affordable housing units for Low Income Households and Workforce Income Households by providing additional Affordable rental units and homeownership housing units in the community; and WHEREAS, on February 27, 2025, the City Commission adopted Resolution No. R-25- 0064 approved the allocation of Miami For Everyone Program ("MFE") funds, in accordance with the terms and conditions of the City's Housing and Commercial Loan Committee ("HCLC") Memo, in the amount of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) for the acquisition of the Property; and WHEREAS, on March 26, 2025, the HCLC approved the allocation of the MFE Funds in the amount of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) for the acquisition of the Property; and WHEREAS, the funding commitment of the City to the Project Sponsor for the MFE Funds is more fully described in that certain Miami For Everyone Loan Agreement for 3710 Grove Landing of even date herewith (the "Loan Agreement"); and WHEREAS, the Project Sponsor and the City desire to establish the mechanism whereby the Project Sponsor will apply to receive the MFE Funds; NOW, THEREFORE, for and in consideration of the Project Sponsor's acquisition of the Property, construction and development of the Project and the reciprocal agreements set forth herein, the Project Sponsor and the City agree as follows: ARTICLE I DISBURSEMENT PROCEDURE 1.1 The Loan Agreement establishes the conditions to the City's obligation to loan the MFE Funds to the Project Sponsor. The Project Sponsor may not request disbursement of funds pursuant to this Agreement until such funds are needed for the acquisition costs of the Property at the time of closing.Provided the City is obligated to disburse the MFE Funds pursuant to the terms of the Loan Agreement and this Agreement, the City will disburse such funds in accordance with this Article I. Page 1 of 6 1.2 The Project Sponsor shall submit a request for the MFE Funds, at the time of the Closing where the City shall disburse the MFE Funds as described in the Loan Agreement. The Project Sponsor will submit or cause to be submitted the following documentation to the City for the City's review for sufficiency, prior to any disbursement of MFE Funds by the City: (a) Acquisition Costs: (i) At the time of the closing for the acquisition of the Property the funds will be disbursed in one lump sum for the purpose of closing on the Property. (ii) Such other information and documents as the City may require including but not limited to: (i) an environmental clearance report in a form acceptable to the City, (ii) evidence that the Property and the proposed improvements received the required upzoning to T4 or higher for the Property that is currently zoned at T3 and comply with all applicable zoning ordinances, and (iii) a current appraisal report of the Property made by a member of the American Institute of Real Estate Appraisers, in a form satisfactory to the City. 1.3 The City reserves the right to refuse to fund any disbursement request(s) in the event that the City determines that the Project and/or the Project Sponsor are not in compliance with any local, state or federal law or requirement. 1.4 Disbursements if permitted and applicable pursuant to the MFE Agreement, shall be made in accordance with the City of Miami Department of Housing and Community Development Disbursement of Funds Checklist. ARTICLE II MISCELLANEOUS 2.1 This Agreement may only be amended in writing by all the parties hereto. 2.2 This Agreement, the Loan Agreement and the other documents executed by the parties in connection therewith constitute the entire agreement between the parties hereto and no other agreements or representations, unless incorporated in this Agreement, shall be binding upon any of the parties hereto. 2.3 All capitalized terms not defined herein shall have the meanings provided in the Loan Agreement. 2.4 In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this 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. 2.5 Counterparts and Electronic Signatures. 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. Page 2 of 6 IN WITNESS WHEREOF, this Agreement has been executed by the Project Sponsor and the City on the date first above written. [Signature Page Follows] Page 3 of 6 WITNESSES: Signature: Print Name: Address: Mi(m.►FL331517 Signature: Print N. vl Y t a Addres STATE OF FLORIDA COUNTY OF MIAMI-DADE PROJECT SPONSOR: COLLABORATIVE DEVELOPMENT CORPORATION, a Florida not -for -profit corporation By: _ Print me: Joseph King Title: President ACKNOWLEDGMENT The foregoing instrument was acknowledged before me by means of physical presence or O online notarization, this 242 day of ((V_ , 2024 by Joseph King as President of Collaborative Development Corporation, a Florida not -for -profit corporation. She/He is personally known to me or has produced t\v'iie-+ Large as identification. (NOTARY PUBLIC SEAL) :ice •tie:.. LISPPI AJRORA MONTERREY g.^�L'• Notary Public - State of Florida . .7g! ''' •:,•F 4 My Comm. Expires Sep 7, 2025 3orcec through National votary Assn. Signatur- of 'o Taking A . owledgment (Printed, Typed, or Stamped Name of Notary Public) Serial Number, if any Page 4 of 6 ATTEST: Todd H City Date: (9 APPROVED AS TO FORM AND CORRECTNESS: By:4ge song III /' Geor K. n III/ � City Attorney v (P4-- zg CITY: CITY OF NIIAMI, a municipal corporation of the State of Florida By: Arthur Noriega V City Manager Page 5 of 6 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: 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 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. Page 6 of 6 taoP