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HomeMy WebLinkAbout25877AGREEMENT INFORMATION AGREEMENT NUMBER 25877 NAME/TYPE OF AGREEMENT MABRUK USA L.L.0 DESCRIPTION QUIT CLAIM DEED/1251 SW 7TH ST, MIAMI, FL - DEVELOPMENT OF AFFORDABLE HOUSING/FILE ID: 18571/R- 25-0529/MATTER ID: 25-3479K EFFECTIVE DATE December 17, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/17/2025 DATE RECEIVED FROM ISSUING DEPT. 12/18/2025 NOTE This Instrument Prepared By and Return, After Recordation , To: George K. Wysong III, Esq. City of Miami Office of the City Attorney 444 S.W. 2nd Avenue Miami, Florida 33130-1910 Folio: 01-4102-011-0370 Property Address: 1251 SW 7th Street, Miami, Florida, CFN .i02 FiR0'9LO6 = 2 OR BK 35077P3s 3536-3545 i10Pssi DEED DOC TAX. $0 ,0 AuffiN E AROHTM CLERK OF THE COURT i & COMPTROLLER Mr `.Ni f DE NTFL QUIT-CLAIM DEED THIS QUIT -CLAIM DEED, is made this 17 day of December, 2025 ("Effective Date") by the City of Miami, a municipal corporation of the State of Florida, whose post office address is 444 S.W. 2nd Avenue, Miami, Florida 33130, hereinafter called the "Grantor," to MABRUK USA L.L.C, a Florida limited liability corporation, whose post office address is 16426 Northwest 32 Avenue North Miami Beach, Florida, 33160, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby remise, release, convey and quit -claim unto the Grantee and Grantee's beneficiaries, successors and assigns, all of the Grantor's right, title and interest in that certain land situated in Miami -Dade County, Florida, hereinafter referred to as the "Property," to wit: SEE ATTACHED EXHIBIT "A" Reserving, however, unto party of the Grantor, its successors and assigns an undivided three -fourths (3/4) interest in, and title in and to an undivided three -fourths (3/4) interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half (1/2) interest in all petroleum that is or may be in, on, or under said land. This Quit Claim Deed conveys only the interests of the Grantor in the property described herein, and shall not warrant title thereto. Subject to: 1. Conditions, restrictions, easements, limitations and reservations of record, though this reference is not intended to reimpose same; 2. Applicable zoning ordinances, codes, rules and regulations; 1 3. Taxes and assessments for the current year and all subsequent years; 4. The Property is being taken by the Grantee "as is" with the Grantee being solely responsible for the removal of any environmental contamination, if present on the Property; 5. The Grantee, for itself, its successors and assigns, agrees 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; 6. The Grantee, for itself, its successors and assigns, agrees that the Property must be used for the purpose of constructing at least one hundred five (105) affordable/workforce rental housing units (the "Restricted Units") on the Property (the "Development" or "Project"). The Restricted Units will accommodate individuals and/or households that are specifically Moderate -Income Households/Individuals ("Moderate") such that the average of the income limits designated by the Grantee and approved by Florida Housing Finance Corporation ("FHFC"). It is agreed that Moderate shall comprise at least one hundred five (105) Restricted Units on the Property, and Moderate's income limit shall be less than or equal to eighty percent (< 80%) of AMI; 7. The period of time that the Development's units must remain affordable, in compliance the terms, limitations, and restrictions of this Quit Claim Deed, is henceforth known as the Affordability Period. The Affordability Period for this Project will be thirty (30) years, commencing on the Project Completion Date. The "Project Completion Date" is the date by which all of the Development's units are fully constructed, and all of the Development's units are fully rented, and the Development's Certificate(s) of Occupancy, or its functional equivalent, is/are issued. 8. Title to the Property shall immediately and automatically revert to and vest in the.Grantor, subject to any mortgages and other liens attached to the Property, upon the occurrence of any one or more of the following events: (a) The Grantee has not complied with City of Miami Resolution No. 25-0529; or (b) During the Affordability Period, the Grantee fails to comply with the affordability requirements as described in Section 6 above; or - (c) the Grantee has not built the highest and best use for affordable housing purposes under Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, 2 (c) the Grantee has not commenced construction, evidenced by a filing of a notice of commencement on the Project thirty (30) months from the date of this Deed; or (d) the Grantee has not completed construction of the Project, evidenced by all necessary Certificates of Occupancy by all local agencies with such jurisdiction within sixty (60) months from the date of this Deed; or (e) Grantee encumbers the Property's title without Grantor's prior written authorization, which shall not be unreasonably withheld or delayed; or (e) Grantee transfers or attempts to transfer the Property or any interest therein without Grantor's prior written authorization, which shall not be unreasonably withheld or delayed, provided that requiring the transferee to meet the Grantor's eligibility requirements for its loan program(s), as approved by the Miami City Commission and/or the City of Miami's Housing and Commercial Loan Committee, shall not be deemed to be an unreasonable condition; or 9. Following the execution of this deed, there shall be no amendments, extensions, or modifications except in the case of: Scrivener's Error, whereas a clerical error has been identified and there is clear and convincing evidence to support the finding of a clerical error resulting in a typographic mistake to the original deed, a modification may be made where upon all parties to the original agreement consent in writing to the modification. TO HAVE AND TO HOLD, the same together with all and singular tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or in equity, to the use, benefit and behalf of the Grantee forever. (Signatures on Following Page) 3 IN WITNESS WHEREOF, the City of Miami has caused this Quit Claim Deed to be executed as of this / 7 day of AteAthe<"2025 Signed, sealed and delivered in the presence of: W. ness Print Name: 'IPl( 6oviz (r2 Address& PGA Rrtn�Ii r �r, rifklap _ 3313 Wit ame: Address; () Mi AAA; rL 33 13 ? Al 1EST: B. H City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAM corporation of Arthur Norie V. City Manager a municipal State of Florida. APPROVED AS TO FORM AND CORRECTNESS: George . Wyson City Attorney Iv Z- Y( 797 k Theforegoing instrument was acknowledged before me by means of ysical presence or O online notarization, this day of l Prune by Arthur Noriega V, as City Manager for the City of Miami, a municipal corporation of the State of Florida, on behalf of the municipal corporation. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) SANDRA GILBERT MY COMMISSION # HH 623478 EXPIRES: April 20, 2029 (Printed, Typed, or Stamped Name of Notary Public) Title or Rank The foregoing deed was approved pursuant to Resolution No. 25-0529 of the City Commission of the City of Miami, a municipal corporation of the State of Florida, passed and adopted on December 11, 2025. A copy of Resolution Numbers R-25-0529 is attached hereto as Exhibit'B" 4 Exhibit A Legal Description Lot 14, Block 99, of LAWRENCE STATE LAND CO'S SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, page 52, of the public records of Miami -Dade County, Florida. TOGETHER WITH: The South 100 Feet of Lot 12, Block 99, of LAWRENCE ESTATES LAND CO'S SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, page 52, of the public records of Miami -Dade County, Florida. The address of which is 1269 SW 7 ST, Miami Florida, 33155. TOGETHER WITH: Lot 13, Block 99, of LAWRENCE ESTATES LAND CO'S SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, page 52, of the public records of Miami -Dade County, Florida. TOGETHER WITH: The South 100 feet of Lot 11, Block 99, of LAWRENCE ESTATES LAND CO'S SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, page 52, of the public records of Miami -Dade County, Florida; LESS that portion of Lot 11, Block 99, of LAWRENCE ESTATES LAND CO'S SUBDIVISION, as recorded in Plat Book 2, page 52, of the public records of Miami -Dade County, Florida, being more particularly described as follows: BEGIN at the Southwest corner of said Lot 11; thence run North 87°42'18" East, along the Southerly boundary of said Lot 11, for a distance of 25.22 feet to the beginning of a circular curve concave to the Northeast and having for its elements a radius of 25.00 feet and a tangent bearing of South 87°42'81" West; thence run Westerly and Northwesterly along the arc of said circular curve to the right, through a central angle of 90°30'32" for a distance of 39.49 feet to the point of tangency and a point on the Westerly boundary of said Lot 11; thence run South 01 °47'1 0" East, along said Westerly boundary of Lot 11 for a distance of 25.22 feet to the POINT OF BEGINNING. 5 Exhibit "B" City Resolution Resolution No. 25-0529 of the City Commission of the City of Miami, passed and adopted on December 11, 2025. 6 AGENDA ITEM COVER PAGE File ID: #18571 Resolution Sponsored by: Commissioner Joe Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, SUBJECT TO ALL CONDITIONS PRECEDENT REQUIRED BY THE CITY MANAGER, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, THE CITY OF MIAMI OWNED PARCEL OF LAND AND ALL IMPROVEMENTS THEREON LOCATED AT 1251 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MABRUK USA LLC., A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR THE REDEVELOPMENT OF THE PARCEL FOR AFFORDABLE HOUSING, IN COMPLIANCE WITH ANY APPLICABLE FUNDING REQUIREMENTS, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Legislation Resolution Enactment Number: R-25-0529 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18571 Final Action Date:12/11/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, SUBJECT TO ALL CONDITIONS PRECEDENT REQUIRED BY THE CITY MANAGER, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, THE CITY OF MIAMI OWNED PARCEL OF LAND AND ALL IMPROVEMENTS THEREON LOCATED AT 1251 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MABRUK USA LLC., A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR THE REDEVELOPMENT OF THE PARCEL FOR AFFORDABLE HOUSING, IN COMPLIANCE WITH ANY APPLICABLE FUNDING REQUIREMENTS, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the real property located at 1251 Southwest 7th Street, Miami, Florida, identified by Folio No. 01-4102-011-0370, ("Property") situated one block north of the historic Calle Ocho corridor in Little Havana; and WHEREAS, Mabruk USA LLC, a Florida Limited Liability Company ("Marbruk USA") has submitted a proposal pursuant to Section 29-B(a) of the Charter of the City of Miami, Florida, as amended ("Charter"), seeking the conveyance of the aforementioned Property for the purpose of developing a mixed -use, affordable housing project; and WHEREAS, the proposed development includes a 12-story building with approximately 105 residential units totaling approximately 65,000 square feet of rental area, comprised of approximately 30 one-bedroom/one-bath units and 75 two-bedroom/two-bath units, along with active ground -floor retail and four levels of structured parking; and WHEREAS, the development will provide 100% affordable housing units restricted to households earning no more than 80% of the Area Median Income ("AMI"), as published annually by the United States Department of Housing and Urban Development ("Qualified Applicants"), and will comply with any and all applicable funding requirements, thereby serving essential workers, including teachers, police officers, nurses, firefighters, and service professionals ("Project"); and WHEREAS, the Project is designed to comply with Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and sustainable development; and WHEREAS, the proposed development seeks to provide significant public benefit by addressing the City's critical need for affordable and workforce housing, particularly for essential workers such as teachers, nurses, police officers, and firefighters; and WHEREAS, the Project will contribute to neighborhood revitalization, enhance mobility through proximity to public transit and bicycle corridors, and promote economic development through new commercial opportunities for local businesses; and WHEREAS, Mabruk USA has demonstrated a successful track record in developing and managing affordable housing projects in Miami -Dade County and other Florida municipalities, including Essence MIA; and WHEREAS, the proposed development aligns with the City's goals to increase affordable housing, support essential workers, and preserve the cultural identity of Little Havana; and WHEREAS, Mabruk USA has requested the conveyance of fee -simple title to the Property to facilitate the development of the proposed Project; and WHEREAS, the City desires to transfer the Property to Mabruk USA in fee simple title with automatic reverter provisions, to facilitate the development of the Project; and WHEREAS, the affordable housing restrictions and automatic reverter provisions contained in the conveying instrument(s) shall require that the Property automatically revert to the City if the Property is used in a manner that is inconsistent with the requirements of the Programs during the thirty (30) year term; and WHEREAS, Section 29-B(a) of the Charter, provides for the waiver of competitive bidding and other requirements and when "conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for the federal and/or state law or by the city commission"; and WHEREAS, the City's Administration recommends the sale, with affordable housing restrictions and automatic reverter provisions, of the Property, to facilitate the development of the Project, to Mabruk USA, in compliance with any applicable funding requirements and the City's Programs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, pursuant to Section 29-B(a) of the City Charter and Section 18-72(B) of the Code of the Miami, Florida, as amended ("City Code"), the sale, with affordable housing restriction and an automatic reverter provision, of the Properties, to facilitate the development of the Project, to Mabruk USA, in compliance with any applicable funding requirements and the City's Program, is authorized. OR B Kw 35077 PG 3545 LAST PAGE Section 3. The City Manager is authorized' to negotiate and execute the any and all necessary documents in forms acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: g Wy ng III, C y ttor y 12/2/2025 STATE OF FLORIDA, COUNTY OF MIAMI-DADE I hereby certify that the foregoing is a true and corre t o this �� y of th �mai o file in O TUAN FERNANDEZ-B Court and Comptr. er,, , i Deputy Clerk Paola Mun"2 0 1 The herein authorization is further subject to compliance with all le al requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. the ounty