HomeMy WebLinkAbout25946AGREEMENT INFORMATION
AGREEMENT NUMBER
25946
NAME/TYPE OF AGREEMENT
THE ARK OF THE CITY, INC.
DESCRIPTION
AMENDMENT 3 TO MODIFICATION & FORBEARANCE
AGREEMENT/EXTEND DURATION OF DEED
RESTRICTIONS/MATTER ID: 25-405
EFFECTIVE DATE
January 23, 2026
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
1/23/2026
DATE RECEIVED FROM ISSUING
DEPT.
1/29/2026
NOTE
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Prepared by and
After recording, return to:
George K Wysong III, Esq.
City Attorney
City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130-1910
Tel: (305) 416-1800
AMENDMENT 3 TO THE
MODIFICATION AND FORBEARANCE AGREEMENT
This Agreement is entered into this 23 day of aPs/J , 2026, by The Ark of
the City, Incorporated, a Florida not for profit corporation ("Grantee"), whose post office address
is 15757 Pines Blvd Ste 298 Pembroke Pines, Florida 33027, and the City of Miami, a municipal
corporation of the State of Florida ("Grantor" or "City"), with an address at 444 S.W. 2nd Avenue,
Miami, FL 33130 (collectively, the "Parties").
RECITALS
WHEREAS, Grantor conveyed that certain land situated in Miami -Dade County, Florida,
as legally described in Exhibit "A," attached hereto and incorporated herein ("Property"), to
Grantee pursuant to that certain quit -claim deed, recorded September 6, 2019, in Book 31596,
Pages 674-681, of the public records of Miami -Dade County, Florida ("Deed"), subject to
restrictions set forth in said Deed, which is incorporated herein by reference; and
WHEREAS, the Deed states that the Property shall revert to the City if the completion of
the Property's rehabilitation and the commencement of job training takes longer than twenty-four
(24) months from the date of the conveyance (collectively, "Deed Restrictions"); and
WHEREAS, Grantee has not complied with the Deed Restrictions; and
WHEREAS, Grantee has requested Grantor's consent to modify and extend the twenty-
four (24) month duration of the Deed Restrictions and for Grantor to forbear on Grantor's right to
exercise its remedies for a period of time, as described herein, on the condition that Grantee
continues to comply with the terms, restrictions, duties, and obligations of the Deed, as modified
hereby; and
WHEREAS, February 23, 2022, the Parties modified the Deed Restrictions pursuant to that
Modification and Forbearance Agreement ("Forbearance Agreement") to revise the completion
date of the rehabilitation the Property to August 31, 2022; and
WHEREAS, on September 6, 2022, the Parties modified the Deed Restrictions, again,
pursuant to the Amendment No. 1 to the Forbearance Agreement, to revise the completion date of
the rehabilitation the Property to August 31, 2023; and
Page 1 of 7
WHEREAS, on March 1, 2024, the Parties modified the Deed Restrictions, again, pursuant
to the Amendment No. 2 to the Forbearance Agreement, to revise the completion date of the
rehabilitation the Property to December 31, 2024; and
WHEREAS, Grantee has requested an additional extension of time to complete the
rehabilitation of the Property to December 31, 2027; and
WHEREAS, Grantor is willing, pursuant to the terms set forth in paragraph 7 contained
herein, to modify and extend the twenty-four (24) month duration of the Deed Restrictions and to
forbear from exercising its remedies and/or instituting legal proceedings to the limited extent
provided in this Agreement for so long as Grantee remain in compliance with the terms,
restrictions, duties, and obligations of the Deed, as modified hereby.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
of the Parties, it is agreed as follows:
1. The recitals and findings set forth in the preamble of this Agreement are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
2. Grantee shall comply with the terms of the Deed, as modified hereby.
3. Grantee acknowledges that the terms, restrictions, duties, and obligations of the
Deed, as modified hereby, are valid and are enforceable against Grantee by Grantor without any
valid defense in law or in equity.
4. Grantee acknowledges that they are currently in default as set forth herein by being
out of compliance with the Deed Restrictions, which is in direct violation of the express
requirements of the Deed. Grantee further agrees that they have no defense or counterclaim against
Grantor.
5. The Parties agree that Section 9(a) in the Deed is amended to read as follows:
"Grantee has not completed the rehabilitation of the Property, as evidenced by the issuance of a
Certificate of Completion or its functional equivalent by the City of Miami's Building Depai lucent,
by December 31, 2027; or".
6. The Parties agree that Section 9(c) in the Deed is amended to read as follows:
"Grantee has not commenced job training for Low- and Moderate -Income Persons at the Property
by December 31, 2027; or".
7. Grantor's obligation to forbear as above provided shall immediately terminate if (i)
Grantee does not complete the rehabilitation of the Property, as evidenced by the issuance of a
Certificate of Completion or its functional equivalent by the City of Miami's Building Department,
by December 31, 2027; (ii) Grantee does not commence job training for Low- and Moderate -
Income Persons, as defined in the Deed, at the Property by December 31, 2027; or (iii) Grantee
fails to comply with Sections 9(b), 9(d), 9(e), and 9(f) in the Deed.
Page 2 of 7
8. Grantee ratifies, confirms, and reaffirms the terms and conditions of the Deed, as
modified hereby. Grantee further acknowledges and agrees that except as specifically modified in
this Agreement, all terms and conditions of the Deed shall remain in full force and effect.
9. The Parties shall be bound by all terms and conditions hereof. The Grantor and the
Grantee have prepared this Agreement with the aid and assistance of their respective counsel.
Accordingly, all such documents shall be deemed to have been drafted jointly by the Parties and
shall not be construed against either the Grantor or the Grantee.
10. Notwithstanding anything to the contrary contained herein, if a court of competent
jurisdiction or binding alternative dispute resolution mechanism (collectively, "Court") determines
that any provision in this Agreement or the Deed (collectively, "Provision") is illegal,
unenforceable, or violates any federal, state, or local law, including but not limited to the
provisions of Chapter 689 Florida Statues or any future law amending or superseding said statute
(collectively, "Laws"), then the Parties agree and authorize the Court to reform the Provision at
issue in a manner that provides the maximum legal effect under then -existing Laws.
11. This Agreement shall be construed and enforced pursuant to the laws of the State
of Florida. Any action pursuant to a dispute under this Agreement must be brought in Miami -Dade
County and no other venue. The Parties waive any defense that venue in Miami -Dade County is
not convenient.
12. In the event litigation, arbitration, or mediation between the Parties arising 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 judgement.
13. This Agreement shall be binding on the Parties and their respective heirs,
successors, assigns, and personal representatives.
14. This Agreement contains the entire agreement between the Parties. There are no
promises, agreements, undertakings, warranties or representations, oral or written, express or
implied, between the Parties other than as herein set forth. No amendment or modification of this
Agreement shall be valid unless the same is in writing and signed by the City Manager, or his or
her designee, on behalf of the Grantor, and by the authorized representative of the Grantee.
15. 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.
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16. Notwithstanding the foregoing, in the event of any conflict between any term of
this Agreement and the Deed, the terms of this Agreement shall govern, and conversely any terms
in the Deed that are not impacted hereby shall remain in full force and effect.
[Signature Pages Follow]
Page 4 of 7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
undersigned officials as duly authorized as of the date and year first above written.
WITNESSES:
Print Name:
P'lit Name: Tis son
PROJECT SPONSOR:
THE ARK OF THE CITY, INCORPORATED,
a Florida not for profit corporation
A 1 By:
ACKNOWLEDGMENT
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE } SS:
Print Name: ` c ry g //i a /
Title: Prer
Date: /02/02a��24.25
The foregoing instrument was acknowled ed before me by means ofhysical presence or El
notarization this�� day of A o�Q,-,�,, � i) , 2025 / ''y Gh/0�as
pcesed. of The Ark of the City, Incorporated, a Florida not for profit corporation, who is
personally known to me or has produced as identification.
Notary Public, State of Florida at large
q likov t IRIS HUDSON
i 1 tin Notary Public - State of Florida
�a+ o`: Commission # HH 444466
4 9.`;or°My Comm. Expires Sep 14, 2027
Bonded through National NotaryAssn. 1
Page 5 of 7
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their
undersigned officials as duly authorized as of the date and year first above written.
ATTEST:
odd Hann
Date:
PROV
QU '1
6/avid R , iz
Directo • f Ri .k Management
NCE
CITY:
CITY OF MIAMI, a municipal corporation of the
State of Florida
By:
ark t-1
fly
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
George IN Wyson4.
City Attorney
Page 6 of 7
Exhibit A
Lots i, 2, and 3, less the North 10 feet for right of way, Block 2, AMENDED PLAT OF. PALM PARK,
according to the Plat thereof as recorded in Plat Book 7 Page 43, Public Records of Miami -Davie County,
Florida.
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