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HomeMy WebLinkAbout25715AGREEMENT INFORMATION AGREEMENT NUMBER 25715 NAME/TYPE OF AGREEMENT 8TH STREET PROPERTIES, LLC DESCRIPTION AMENDED & RESTATED RENT REGULATORY AGREEMENT/ESSENCE MIAMI/FILE ID: 17577/R-25- 0174/MATTER ID: 24-3219/#76 EFFECTIVE DATE August 7, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/7/2025 DATE RECEIVED FROM ISSUING DEPT. 8/14/2025 NOTE a 5l+5 Prepared by, and, after recording return to: Raymond Pereira, Esq. City Attorney, City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Tel: (305) 416-1800 After recording return to: Dollila Pinkhasov Property Manager City of Miami Department of Housing and Community Development 444 S.W. 2nd Avenue Miami, FL 33130-1910 Property Address: 829-845-847 Southwest 8 Street Miami, FL 33130 Note to Recorder: The following Amended and Restated Rent Regulatory Agreement for 8th Street Properties LLC by the below described Project Sponsor in favor of the City of Miami, Florida, a municipal corporation of the State of Florida, amends and restates that certain Rent Regulatory Agreement for Essence Miami, which recorded on April 3, 2025, in Official Records Book 34691, Pages 3107-3115, of the Public Records of Miami -Dade County Florida AMENDED & RESTATED RENT REGULATORY AGREEMENT FOR ESSENCE MIAMI THIS AMENDED AND RESTATED RENT REGULATORY AGREEMENT ("Amended Regulatory Agreement") is entered into this _ 1 day of A-ul3 J st— , 2025, between 8TH STREET PROPERTIES, LLC, a Florida limited liability company (hereinafter referred to as "Borrower") and the CITY OF MIAMI (hereinafter referred to as the "City"). The execution of this Amended Regulatory Agreement by the Borrower is intended to supersede and replace the Regulatory Agreement executed between Borrower and the City on the 27th day of April, 2022, and recorded in the Public Records of Miami -Dade County on 3rd day of April, 2025, in Official Records Book 34691, Page 3107-3115. The Amended Regulatory Agreement is being executed in connection with the modified loan of Miami Forever Bond ("Bond") funds, (the "Amended Loan"), secured by certain loan documents to be executed in connection therewith (the "Amended Loan Documents"), for the construction of a total of eighty-eight (88) residential apartment units. All eighty-eight (88) units will be Bond -Assisted Units (the "Bond -Assisted Units" or "Assisted Units") in that certain project known as Essence Miami (hereinafter referred to as the "Project"). The Project will be a newly constructed, mixed - use, eight -story building located at 829-845-847 Southwest 8 Street Miami, FL 33130 (hereinafter referred to as the "Property"). In accordance with the requirements set forth in (i) that certain Miami Forever Bond Loan Agreement to be executed by the Borrower and the City for the Bond funds (the "Amended Agreement" or "Amended Loan Agreement"), and (ii) the other Loan documents of even date therewith between the Borrower and the City, all eighty-eight (88) Project Units are considered "Bond -Assisted" and all of the Bond -Assisted Units are 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. The eighty-eight (88) Bond -Assisted Units shall be occupied only by Low Income Households and Moderate -Income Households. Bond- Assisted Units shall be made available to tenants who qualify under the occupancy requirements of Florida Housing Finance Corporation and fit the income requirements. Low Income Households, for the purposes of this Regulatory Agreement, shall mean households whose annual incomes do not exceed sixty percent (60%) of the median income for the area (e.g. Miami -Dade County Florida), as determined by Florida Housing Finance Corporation and adjusted for family size ("AMP'). Moderate Income Households, for the purposes of this Regulatory Agreement, shall mean households whose annual incomes that do not exceed one hundred percent (100%) of the median income for the area (e.g. Miami -Dade County Florida), as determined by Florida Housing Finance Corporation and adjusted for family size. (2) Maximum Rent Levels. The rents charged on all of the Bond -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 2025 are as follows: No. of Bond - No. of Bedrooms Maximum AMI Bond Rent Maximum Assisted Units 12 1 60% $1,394 45 1 100% $2,323 6 2 60% $1,672 25 2 100% $2,788 The foregoing maximum rents include tenant paid utilities. Maximum rents will be reduced for the amount of the applicable HUD Utility Allowance for any utilities paid by the tenant. In no event will the monthly rent on a Bond -Assisted Unit exceed thirty percent (30%) of the applicable percentage• of area median income set forth in Paragraph 1 above. Rents shall not be adjusted for changes in income or HUD published maximums until lease renewal. (3) Income Re -certification. Tenant income for Bond -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 Bond -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 Bond -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 Bond - 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. g• 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 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 conditionof the Project and/or the Bond -Assisted Units. (7) Inspections. The Borrower agrees to submit the Bond -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) days of completion, and will be given thirty (30) days thereafter to correct any deficiencies or violations. (8) (9) At any time other than an annual inspection, the City may, in its discretion, inspect any Bond -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. Record -keeping. The Property, including the Bond -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 Bond -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. 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) 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 Amended Regulatory Agreement and under the Amended Agreement and the Amended 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 Amended Loan Documents. All notices under this Regulatory Agreement shall be in writing and addressed as follows: To Borrower: With Copy to: To City: With Copy To: 8th Street Properties, LLC 16426 Northeast 32 Avenue North Miami Beach, FL 33160 Attn: Nuri Dorra Marc Sarnoff Shutts & Bowen LLP 200 South Biscayne Boulevard, Suite 4100 Miami, FL 33131 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, Esq. 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 Amended Regulatory Agreement, and regardless of the nature of the violation, the City will assess a flat monthly fine in the amount of Fifty Dollars and no/cents ($50.00) per Bond -Assisted Unit that is the subject of such violation up to a maximum of Five Thousand Dollars and no/cents ($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 Amended Regulatory Agreement and/or the Amended Loan Documents. (11) Tenant Notice. Borrower agrees during the term of this Amended Regulatory Agreement, to furnish each tenant of a Bond -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. If there is no lease for a Bond -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 Amended 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 Amended 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 Amended 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 Amended 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 Amended Loan Documents. (16) Exclusion of Commercial Spaces. Notwithstanding anything to the contrary in this Amended Regulatory Agreement or in the Amended Agreement, it is expressly understood and agreed that the Regulation and all other terms, conditions, restrictions, and requirements of this Amended 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 Amended Regulatory Agreement by judgment of Court shall not affect any of the other provisions of the Amended Regulatory Agreement, which shall remain in full force and effect. (18) Recordation. This Amended Regulatory Agreement shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of the Borrower. (19) Governing Law and Venue. This Amended 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 Amended 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. (20) Counterparts. This Amended Regulatory 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 Amended Regulatory Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Amended Regulatory 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 Amended Regulatory 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 Amended 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] THIS AMENDED REGULATORY AGREEMENT has been and delivered as of the day and year first above written. WITNESSES: Print Name: l'esiz-C?P PROJECT SPONSOR: 8th Street Properties, LLC, a Florida limited liability company By: �•.I ; I:n_Print Nam Print Name: 1200611-10 O N Title: ttUpti Date: t3?Ap%2S / l PROJECT SPONSOR'S ADDRESS: 16426 N.E. 32nd Avenue North Miami Beach, FL 33160 ACKNOWLEDGMENT STATE OF FLORIDA } } COUNTY OF MIAMI-DADE } The foregoing instrument was acknowledged before me by means of 'physical presence or online notarization this ag day of J , 2025 by Nuri Dorra, as Manager, of 8th Street Properties, LLC, a Florida limited liability comany, who is cersonally known tom or has produced as identification. Print Nota T Public, State of Florida at -large THIS AMENDED REGULATORY AGREEMENT has been executed and delivered as of the day and year first above written. ATTEST: odd B. Ha City Clerk � aoa Date: tt APPROVED AS TO FORM AND CORRECTNESS: George KUWysong City Attorney TV' 1 l - 3i t1 CITY CITY OF MIAMI, a municipal corporation of of the State of Florida By:� (2c.Fa,, arr /r, Arthur Noriega V. City Manager EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LEGAL DESCRIPTION: PARCEL A THE SOUTH 35 FEET OF LOTS 2 AND 3, LOT 10 AND 11, LESS THE SOUTH 10 FEET THEREOF, IN BLOCK R, OF "RIVERVIEW MRS. MARY BRICKELL SUBDIVISION" AS RECORDED IN PLAT BOOK 5 AT PAGE 43; OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL B THE WEST % OF LOT 12, LESS THE SOUTH 10 FEET THEREOF, ALL IN BLOCK R, OF "RIVERVIEW MRS. MARY BRICKELL SUBDIVISION" AS RECORDED IN PLAT BOOK 5 AT PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL C THE EAST % OF LOT 12, LESS THE EAST 6.35 OF THE SOUTH 74.88 FEET, AND LESS THE SOUTH 10 FEET THEREOF, IN BLOCK R, OF "RIVERVIEW MRS. MARY BRICKELL SUBDIVISION" AS RECORDED IN PLAT BOOK 5 AT PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. a5-11.5