HomeMy WebLinkAbout24673AGREEMENT INFORMATION
AGREEMENT NUMBER
24673
NAME/TYPE OF AGREEMENT
LIBERTY SQUARE PHASE ONE, LLC
DESCRIPTION
AMENDED & RESTATED DECLARATION OF RESTRICTIVE
COVENANTS/ATTAINABLE MIXED -INCOME HOUSING
DEVELOPMENT/MATTER ID: 23-1529/#57
EFFECTIVE DATE
ATTESTED BY
NICOLE EWAN
ATTESTED DATE
11/17/2023
DATE RECEIVED FROM ISSUING
DEPT.
12/4/2023
NOTE
CITY OF MIAMI MO
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DOCUMENT ROUTING FORM R!(
ORIGINATING DEPARTMENT: Housing and Community Development
DEPT. CONTACT PERSON: •M Tv.Ason ? EXT. *Cell phone313.5-301-5148' d -1 a2
/
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Liberty Square Phase One, LLC_ G2�t� /
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $0 FUNDING INVOLVED? ❑ YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) Amended and Restated Declaration of Restrictive Covenant for Attainable Mixed -Income
Development.
PURPOSE OF ITEM (BRIEF SUMMARY): Execution of the Joinder of Mortgagees as a Lender in connection with the
_—Liberty Square Phase One--project._The unit_mix_was modified, but not impacting ..the_City-assisted.units..._____...________
COMMISSION APPROVAL DATE: / / FILE ID: N/A ENACTMENT NO.:
IF TIIIS DOES NOT REQUIRE COIMISSION APPROVAL, PLEASE EXPLAIN: The last approval by the Housing
and Commercial Loan Committee/modifying the unit mix is for reference.
.,, ... ROUTING' INFORMATION
Date
, PLE E PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
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George Alfredo Duran
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SUBMITTED TO ZONING
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Daniel S `C ,Y'berg
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SIGNA`I'I REz/`�? ---~
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SUBMITTEDTO PLANNING
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SUBMITTED TO CITY ATTORNEY
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Victoria a Mendez "� \
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SIGNATURE: . q
APPROVAL BY ASSISTANT CITY MANAGER
Larry Spring
SIGNATURE:
RECEIVED BY CITY MANAGER
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66 1
Art Noriega '
SIGNATURE: \ 7--
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIG_ INAL(S) TO ORIGINATING
DEPARTMENT
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PRINT: A'l4-/c-t 4 i
SIGNATURE: Sit. _
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SIGNATURE: t (
PRINT: t 1 r-!
SIGNATURE:
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
Document prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio No: 01-3114-009-0010
Reserved for Recording
AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS
FOR ATTAINABLE MIXED -INCOME HOUSING DEVELOPMENT
This Amended and Restated Declaration of Restrictive Covenants (the "Amended
Declaration") made this day of , 2023, by LIBERTY SQUARE PHASE ONE,
LLC, a Florida limited liability company ("Owner"), having an address at 2850 Tigertail Avenue,
Suite 800, Miami, Florida 33133, in favor of CITY OF MIAMI, a municipal corporation of the
State of Florida ("City"), having an address at 444 SW 2nd Avenue, Miami, Florida 33130; and
WHEREAS, Owner hereby covenants that Owner is lawfully seized of that certain real
property located in the City of Miami, Miami -Dade County, Florida, assessed under Folio Number:
01-3114-009-0010, legally described in Exhibit "A," attached hereto and incorporated herein (the
"Property"); and
WHEREAS, Owner constructed a multi -family residential structure as Attainable Mixed-
Income Housing (the "Development") as defined in Article 1, Section 1.2 and Article 3, Section
3.15.2 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"), as may be amended; and
WHEREAS, in connection with the Development, Owner executed that certain Declaration
of Restrictive Covenants for Affordable Housing Rental Developments, recorded on June 18, 2018
in Official Records Book 31017, Page 2489 (the "Original Declaration"); and
WHEREAS, City and Ownernow wish to amend and restate the Original Declaration in
its entirety; and
WHEREAS, the Development will provide a minimum of forty percent (40%) of the
Dwelling Units as Affordable Housing serving residents at or below sixty percent (60%) of Area
Median Income ("AMI"), a maximum of ten percent (10%) of Dwelling Units as Market Rate
Housing, and the remainder of the Dwelling Units as Workforce Housing serving residents at or
below one hundred percent (100%) of AMI; and
MIAMI 10154079.1 79701 /3 0343 0
Folio No.: 01-3114-009-0010
WHEREAS, the proposed Development shall contain 204 Dwelling Units with 42
Dwelling Units set aside for Workforce Housing, and 152 Dwelling Units set aside for Affordable
Housing, all as defined in Article 1, Section 1.2 of the Miami 21 Zoning Code and Section 13-5 of
the City Code, as applicable and as may be amended (collectively, "Units" and the "Project"); and
WHEREAS, Owner has applied to City for the deferral of nine hundred fifty nine thousand
two hundred eight and 00/100 dollars ($959,208.00) in developmental impact fees (hereafter
"impact fee[s]") otherwise applicable to these Units, pursuant to the requirements for deferral of
impact fees for Affordable and Workforce Housing as set forth in the City of Miami Code of
Ordinances (the "Code"), including specifically, but not limited to Sections 13-5, 13-8 and 13-16;
and
WHEREAS, pursuant to Article 3, Section 3.15.2 and Section 3.15.6 of the Miami 21 Code,
the Owner agrees to provide the minimum Dwelling Units as Extremely Low -Income Housing,
Affordable Housing, and/or Workforce Housing as described above; and
WHEREAS, pursuant to Section 13-8 of the City Code, a condition of the deferral of
impact fees for Affordable and Workforce Housing is that Owner must reasonably ensure that the
Project is reserved for "Affordable Housing" or "Workforce Housing" as defined in Section 13-5
of the Code and described in Section 3 herein; and
WHEREAS, Owner desires to defer said impact fees until such time as the Property no
longer qualifies as an Affordable and Workforce Housing Development pursuant to Section 13-5
of the City Code and as described in Section 3, below; and
WHEREAS, the Owner, submitted an eligible and timely Petition for an Affordable and
Workforce Housing deferral of impact fees determination under § 13-16 of the Code, which is
found by City staff to be acceptable; and
WHEREAS, the Owner affirms that all portions of the Development that do not qualify for
this deferral shall be paid in full prior to issuance of a building permit; and
WHEREAS, Owner, in fulfillment of that obligation hereby voluntarily places certain
restrictions on the use of the Property;
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged:
1. Recitals. The recitals set forth above are true and correct and are incorporated
into this Amended Declaration.
2. Covenant Running with the Land. This Amended Declaration shall constitute a
covenant running with the land and be binding upon the Owner, its successors, heirs,
representatives and assigns, effective upon recordation in the Public Records of Miami -Dade
County, Florida, for an initial term of thirty (30) years. The term hereof shall be automatically
extended for successive periods of ten (10) years that may be released a vote of the City
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
Commission, with such costs, fees, and expenses associated with any release being the
responsibility of the party requesting the release. These restrictions shall be for the benefit of, and
a limitation upon, all present and future owners of the Property and for the public welfare. This
Amended Declaration shall also serve as the Affordable and Workforce Housing impact fee
deferral agreement under Section 13-8 of the City Code.
3. Restriction. Owner hereby declares that the Property shall be held, maintained,
transferred, sold, conveyed and owned subject to the following designations and restrictive
covenants:
Owner hereby agrees that nine hundred fifty-nine thousand two
hundred eight and 00/100 dollars ($959,208.00) in impact and/or
administrative fees (the "Deferred Impact Fees") have been deferred
for the construction of 152 units of Affordable Housing and 42 units
of Workforce Housing. In consideration, the Owner shall ensure
that the aforementioned units shall be rented or sold to persons of
the general public qualifying for occupancy of Workforce,
Affordable, and/or Extremely Low Income Housing, as defined
herein and pursuant to the provisions of Chapter 13 of the City Code
and the Project shall be qualified as "Attainable Mixed -Income
Housing" so long as the Project provides a minimum of forty percent
(40%) of the Dwelling Units as Affordable Housing serving
residents at or below sixty percent (60%) of AMI, and the remainder
of the Dwelling Units as Workforce Housing serving residents at or
below one hundred percent (100%) of AMI; and
The Project shall contain 204 Dwelling Units with 42 Dwelling
Units set aside for Workforce Housing, and 152 Dwelling Units set
aside for Affordable Housing, as defined in Article 1, Section 1.2 of
the Miami 21 Zoning Code and in Section 13-5 of the City Code, as
applicable and as may be amended; and
Prior to converting any of the Workforce, Affordable, or Extremely
Low -Income Housing Units from rental units to homeownership
units, the Owner, or its successors or assigns, must request and
receive written authorization from the City Manager. In the event
that the conversion is authorized, the City and Owner shall
coordinate to record covenants on individual units ("Individual
Covenants") in a manner that creates the same amount of Affordable
or Workforce homeownership units specified in this Amended
Declaration. Each Individual Covenant must (i) specify the
applicable AMI for any purchaser during the term of the Individual
Covenant and (ii) expire on the same date as the Covenant for
Affordable or Workforce Housing; and
In the event that any of the Workforce, Affordable, or Extremely
Low -Income Housing Units are sold, the specific Unit(s) must be
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
sold with a purchase cost equal to or less than the standards for those
individuals whose income is at or below the AMI as established
herein. Each Affordable, Workforce, or Extremely Low Income
Housing Unit sold shall include a deed restriction that the Unit shall
only be sold with a purchase cost equal to or less than the standards
for those individuals whose income is at or below the applicable
AMI as established in the Covenant and shall further indicate that
the Unit shall only be rented or sold to individuals whose income is
at or below the AMI as established herein. The deed restriction must
specify the specific applicable AMI.
4. Release. Any release of this Amended Declaration shall be pursuant to Section 2
of this Amended Declaration. Any release must be in recordable form and signed by the then
Owner, the City Manager, the Zoning Director, the Planning Director, and the Housing and
Community Development Director, or their successors or designees, in a form acceptable to and
signed by the City Attorney, or his/her successor or designee. Further, any release must require
payment of the Deferred Impact Fees and compliance with the Miami 21 Code, as amended.
5. Monitoring. Itis understood and agreed that any official inspector of the City
may have the right at any time during normal business hours to enter upon the Property to
investigate the use of the Property and determine compliance with the terms and conditions of this
Amended Declaration.
6. Enforcement. An action to enforce the terms and conditions of this Amended
Declaration may be brought by the City and may be by action at law or in equity against any person
or persons, entity or entities, violating or attempting to violate the terms of this Amended
Declaration, to restrain violations, recover the Deferred Impact Fees, or for any other remedy
available. In addition, any violation or noncompliance of this Amended Declaration shall be
immediately referred to the Code Compliance Depaitnient for enforcement proceedings, lien
placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City
Code, as both may be amended, and this Amended Declaration. Any violation or noncompliance
of this Amended Declaration shall be referred to the City Attorney's Office for enforcement,
including but not limited to injunctive relief and/or any other remedies in law or equity. This
enforcement provision shall be in addition to any other remedies available under the law. The use
of one remedy shall not preclude the use of another.
7. Non -Compliance.
The Deferred Impact Fees shall become due and payable by the then -current owner of the
Project if and when it does not comply with Section 3 herein after notice and 90 days to cure.
Subject to applicable notice and cure provisions, such payment shall be made in full within thirty
(30) days following the date on which the Project no longer qualifies as Affordable Housing and
Workforce Housing as described herein. Late payments shall accrue interest at 18% per annum
until fully paid. This is in addition to any enforcement action pursuant to Section 6 above.
MIAMI 10154079.1 79701 /3 03430
Folio No.: 01-3114-009-0010
Any violation or noncompliance of this Amended Declaration shall result in a monetary
penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be
assessed as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of
compliance has been provided to the City. The monetary penalty shall not be subject to mitigation
or otherwise modified by any body or board including, but not limited to, the Code Enforcement
Board.
8. Modification.
Any modification, amendment, or deferral of any provision of this Amended Declaration
not required by or associated with Section 3.15 of the Miami 21 Code shall not be effective unless
modification, amendment, or deferral is in recordable form and signed by the then Owner, the City
Manager, the Zoning Director, and the Planning Director, and the Housing and Community
Development Director, or their successors or designees, in a form acceptable to and signed by the
City Attorney, or his/her successor assignee.
Any modification, amendment or deferral of any provision of this Amended Declaration
required by or associated with Section 3.15.2 of the Miami 21 Code shall not be effective unless
modification, amendment, or deferral is approved by the City Commission at a publicly noticed
hearing with all associated costs, expenses, and fees paid by the party making the request; it shall
be in recordable form and signed by the then Owner, the Zoning Director, the Planning Director,
the Housing and Community Development Director, and the City Manager, or their successors or
designees, in a form acceptable to and signed by the City Attorney, or his/her successor assignee.
9. Costs. This Amended Declaration, modifications, amendments, or releases
thereof, shall be recorded in the Public Records of Miami -Dade County, Florida, at the cost of the
Owner, and shall become effective upon recordation. The Owner shall furnish a recorded copy of
this Amended Declaration to the City Departments of Zoning and Hearing Boards within thirty
(30) days of recordation.
10. Applicable Laws. Owner shall comply with all provisions of this Amended
Declaration, Chapter 13 of the City Code, as amended, the City Zoning Code (Miami 21), as
amended, and all other applicable Federal, State, and local laws, rules, and regulations, including
without limitation those related to Affordable and Workforce Housing. Any violation of said laws
shall be deemed a violation of this Amended Declaration.
11. City Funded Projects. In the event Owner receives any funding from the
City in the form of HOME, SHIP, CDBG or other subsidy, this Covenant shall be interpreted to
comport with all such City funding documents including, but not limited to, any applicable Rent
Regulatory Agreement or Declaration of Restrictive Covenants; provided, however, in the event
of any conflict between the terms of this Covenant and the terms of the City funding documents,
the terms of the document which imposes the more stringent requirements shall control.
12. Headings. The article and paragraph headings in this Amended Declaration are
inserted for convenience only and shall not affect in any way the meaning or interpretation of this
Amended Declaration.
MIAMI 10154079.1 79701 /3 0343 0
Folio No.: 01-3114-009-0010
13. Governing Law. This Amended Declaration shall be construed in accordance with
the laws of the State of Florida and any proceedings arising between the parties in any manner
pertaining or relating to this Amended Declaration shall, to the extent permitted by law, be held in
Miami -Dade County, Florida.
14. Entire Agreement. This Amended Declaration incorporates and includes all
prior negotiations, correspondence, conversations, agreements, and understandings applicable to
the matters contained herein, including the Affordable Housing and Workforce Housing
components, and the parties agree that there are no other commitments, agreements, or
understandings concerning the matters contained herein, including the Affordable and Workforce
Housing components of this Amended Declaration that are not contained in this Amended
Declaration. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representation or agreements whether written or oral. It is further
agreed, that no modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document utilizing the same formalities as were
used in the execution of this Amended Declaration and pursuant to this Amended Declaration.
15. Notice. Any notice required to be given herein shall be given by personal delivery
or by certified U.S. mail at the address specified below or at such other address as may be specified
in writing by the parties.
DEPARTMENT
Zoning Director
City of Miami
444 SW 2nd Avenue
Second Floor
Miami, Florida 33130
With a copy to:
Office of the City Attorney
City of Miami
444 SW 2nd Avenue
Suite 945
Miami, Florida 33130
OWNER
Liberty Square Phase One, LLC
2850 Tigertail Avenue, Suite 800
Miami, FL 33133
Attention: Tony Del Pozzo, Vice President
With a copy to:
Javier Aviii6, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131
16. Counterparts/Electronic Signature. This Amended Declaration 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 Declaration. The parties
shall be entitled to sign and transmit an electronic signature of this Amended Declaration (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 Declaration upon request.
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
17. Recordation. This Amended Declaration will be e-recorded by the City of Miami,
at the Owner's expense, in the public records of Miami -Dade County, Florida upon full execution.
(SIGNATURES ON FOLLOWING PAGES)
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
Signed, witnessed, executed and acknowledged thiarhay of 023.
Witnesses:
Print Name: 5k6 dv' 14kilitt tie- Y1q
O lei
Print Name:
STATE OF cl 0661 0 )
M ) SS
COUNTY OF -t,C)C)
LIBERTY SQUARE PHASE ONE, LLC, a
Florida limited liability company
By: Liberty Square Phase One Manager,
LLC, a Florida limited liability company, its
manager
By:
Tony Del Pozzo, Vice President
The foregoing instrument was acknowledged before me by means of physical presence
OR [ ] online notarization this '1 day of Oc\0'oe >j , 2023, by
Tony Del Pozzo, as Vice President of Liberty Square Phase One Manager, LLC, a Florida limited
liability company, the manager of Liberty Square Phase One, LLC, a Florida limited liability
company. He is lk] personally known to me or [ ] has produced as
identification.
Print or Stamp Name:
Notary Public,
Commission N
My Commissio
Notary Public State of Florida
e Gkiara Herrera
r My Commission GG 945317
xis 0110012024
Of':
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
A ESTED:
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
fa. Tod �f . Hannon Arthu oriega
Cit Cler City Manager
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of []'physical presence
OR L] online notarization this a day of 000tw►hc1( , 20 t 5, by
�J tJor.4 °�(�V , as LN� ►-k(►rO ( f the Cityof Miami,
Florida, a municipalLcl4rporation of the State of 11orida. He/She is [ personally known to me or
[ ] has produced
My Commission Expires:
SANDRAGILBERT
MY COMMISSION # HH 112572
EXPIRES: April 20, 2025
. ��? ' Bonded Thru Notary Public Underwriters
pry v
George'
Housin
Director
Corn ity Development
as identification.
Print or Stamp Name
Commission No.:
Approved:
aniel S. Goldberg, Esq.
Zoning Director
App1oved as to legal form and correctness: Appro
Victor ndez, Esq.
City Attorney
a isha Hull
Planning Director
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
EXHIBIT "A"
LEGAL DESCRIPTION
A leasehold interest in and to the following real property:
All of Block 5, LOW COST HOUSING PROJECT H-4602, according to the Plat thereof as
recorded in Plat Book 34, Page 99, of the Public Records of Miami -Dade County, Florida.
AND
Block 6, LOW COST HOUSING PROJECT H-4602a, according to the Plat thereof as recorded in
Plat Book 34, Page 99, of the Public Records of Miami -Dade County, Florida, LESS the West 10
feet, and less the external area of a 25 foot radius curve concave to the Southeast, having a central
angle of 90°25'23" and an arc distance of 39.45 feet, said arc being tangent to the North line of
said Block 6 and tangent to the East line of the West 10 feet of said Block 6, and less the external
area of a 25 foot radius curve concave to the Northeast, having a central angle of 89°31'15" and an
arc distance of 39.06 feet, said arc being tangent to the South line of said Block 6 and tangent to
the East line of the West 10 feet of said Block 6.
LESS AND EXCEPT THEREFROM those lands set forth in that County Deed recorded April 24,
2018 by Miami -Dade County Florida in Official Records Book 30953, Page 440.
MIAMI 10154079.1 79701 /30343 0
Folio No.: 01-3114-009-0010
JOINDER BY FEE OWNER AND MORTGAGEE
The undersigned, Miami -Dade County, a political subdivision of the State of Florida, as
the fee simple owner of the Property, and as Mortgagee pursuant to that certain Leasehold
Mortgage and Security Agreement and Assignment of Leases, Rents and Profits dated December
12, 2017, recorded December 13, 2017, in Official Records Book 30791, Page 1573, hereby joins
into and consents to the foregoing Amended and Restated Declaration of Restrictive Covenants
for Attainable Mixed -Income Housing Development (the "Amended Declaration"), acknowledges
that the terms of the Amended Declaration are and shall be binding upon the undersigned and its
successors in title and interest, and agrees to be bound by it upon termination or expiration of the
leasehold estate held by the Owner.
Signed, witnessed, executed and acknowledged this day of , 2023.
Witnessed by:
Name:
Name:
MIAMI-DADE COUNTY, a political
subdivision of the State of Florida, by its Board
of County Commissioners
By:
Print Name: Morris Copeland
Title: Chief Community Services Officer
Approved as to form and legal sufficiency:
By:
Terrence A. Smith
Assistant County Attorney
ATTEST: Juan Fernandez-Barquin,
Clerk of the Court and Comptroller
By:
Print Name:
Date:
(Deputy Clerk Signature)
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
STATE OF FLORIDA
-) SS:
COUNTY OF Miami -Dade )
)
The foregoing joinder was acknowledged before me, by means of ❑ physical presence or
El online notarization, this day of , 2023, by Morris Copeland, as Chief
Community Services Officer of Miami -Dade County, a political subdivision for the State of
Florida. Such person is ❑ personally known to me or ❑ produced a driver's license as
identification.
Name:
Notary Public, State of Florida
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
JOINDER BY MORTGAGEE
The undersigned BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Mortgagee
under that certain Leasehold Mortgage, Assignment of Rents, Security Agreement and Fixture Filing dated
December 12, 2017, by Liberty Square Phase One, LLC, a Florida limited liability company, as mortgagor,
to the Housing Finance Authority of Miami -Dade County, as mortgagee, recorded on December 13, 2017
in Official Records Book 30791, Page 1488; as assigned to The Bank of New York Mellon Trust Company,
N.A., as Fiscal Agent, by that certain Assignment of Leasehold Mortgage and Related Documents dated
December 12, 2017, recorded on December 13, 2017, in official Records Book 30791, Page 1533; as
amended and restated by that certain Amended And Restated Multifamily Leasehold Mortgage, Assignment
of Rents and Security Agreement dated December 16, 2020, recorded December 29, 2020 in Official
Records Book 32260, Page 3962; covering all or part of the property described in the foregoing Amended
and Restated Declaration of Restrictive Covenants for Attainable Mixed -Income Housing Development
(the "Amended Declaration"), does hereby acknowledge that the terms of the Amended Declaration are and
shall be binding upon the undersigned and its successors in title and interest.
IN WITNESS WHEREOF, these presents have been executed this day of ,
2023.
STATE OF
COUNTY OF
)
) ss:
)
THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A., a national banking
association
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization this day of , 2023, by ,
as of THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A., who is ❑ personally known to me or ❑ produced as
identification.
Print Name:
Notary Public
Commission No.:
My Commission Expires:
NOTARY STAMP
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
JOINDER BY MORTGAGEE
The undersigned CITY OF MIAMI, as Mortgagee under that certain Leasehold Mortgage
and Security Agreement, dated December 12, 2017, recorded on December 13, 2017, in Official
Records Book 30791, Page 1558, covering all or part of the property described in the foregoing
Amended and Restated Declaration of Restrictive Covenants for Attainable Mixed -Income
Housing Development (the "Amended Declaration"), does hereby acknowledge that the terms of
the Amended Declaration are and shall be binding upon the undersigned and its successors in title
and interest.
IN WITNESS WHEREOF, these presents have been executed this day of
2023.
Attest:
B
od , V annon, City Clerk
Approved as to form
and legal sufficiency:
By:
{or -Victoria endez, City A9torney
AV 4.3—ir2i
STATE OF YI t a
K..
COUNTY OF 0Ga,(J
) ss:
CITY OF MIAMI, a municipal corporation of
the State of Flori
By:
Arthur
on `_a, ity Mana
er
The foregoing instrument was acknowledged before me by means of ysical presence
or ❑ online notarizationtithis GI day of 1100t01c1" , 2023, by �� \hu✓ ��►�!��
as C;� a�Y
j 14InaU
produced J as identification.
NOTARY STAMP
of the CITY OF MIAMI, who is 0 personally known to me or 0
1�,vavH* SANDRA GILBERT
MY COMMISSION # HH 112572
EXPIRES: April 20, 2025
'' ;` ' Fronded Thru Notary Public Underwriters
Name:
Notary Public
Commission No.:
My Commission Expires:
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
JOINDER BY MORTGAGEE
The undersigned LIBERTY SQUARE PHASE ONE LENDERS, LLC, a Florida limited
liability company, as Mortgagee under that certain Leasehold Mortgage and Security Agreement
and Assignment of Leases dated December 12, 2017, recorded on December 13, 2017, in official
Records Book 30791, Page 1600, covering all or part of the property described in the foregoing
Amended and Restated Declaration of Restrictive Covenants for Attainable Mixed -Income
Housing Development (the "Amended Declaration"), does hereby acknowledge that the terms of
the Amended Declaration are and shall be binding upon the undersigned and its successors in title
and interest.
IN WITNESS WHEREOF, these presents have been executed this
2023.
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE
ay ofZ7;12,
LIBERTY SQUARE PHASE ONE LENDERS,
LLC, a Florida limited liability company
By:
-79eigitv
Tony Del Pozzo, Vice President
The foregoing instrument was acknowledged before me by means of IX] physical presence
or El online notarization this 2,n0 day of Oc\ Y .( , 2023, by Tony Del Pozzo, as Vice
President of LIBERTY SQUARE PHASE ONE LENDERS, LLC, who is Itl personally known
to me or ❑ produced as identification.
Print Name: .)aZZinC I-'&'C rO
Notary Public
Commission No.: C4,C1 41-15 3 I-7
My Commission Expires: It f B' f 2G z q
seff 0 Notary Public State of Florida
2Jazzine Ckiara Herrera
My Commission GG 945317
'?+40,M1ow Expires 01/08/2024
MIAMI 10154079.1 79701/303430
Folio No.: 01-3114-009-0010
JOINDER BY MORTGAGEE
The undersigned FEDERAL HOME LOAN MORTGAGE CORPORATION, as
Mortgagee under that certain Multifamily Leasehold Mortgage, Assignment of Rents and Security
Agreement between Liberty Square Phase One, LLC, a Florida limited liability company, as
mortgagor, and Greystone Servicing Company LLC, a Delaware limited liability company, as
mortgagee, dated April 30, 2021, recorded on May 7, 2021, in Official Records Book 32493, Page
3218; as affected by that certain Assignment of Security Instrument from Greystone Servicing
Company LLC, a Delaware limited liability company, as assignor, to the Federal Home Loan
Mortgage Corporation, as assignee, dated April 30, 2021, recorded on May 7, 2021, in Official
Records Book 32493, Page 3250; covering all or part of the property described in the foregoing
Amended and Restated Declaration of Restrictive Covenants for Attainable Mixed -Income
Housing Development (the "Amended Declaration"), does hereby acknowledge that the terms of
the Amended Declaration are and shall be binding upon the undersigned and its successors in title
and interest.
IN WITNESS WHEREOF, these presents have been executed this day of
2023.
STATE OF
COUNTY OF
) ss:
FEDERAL HOME LOAN MORTGAGE
CORPORATION
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization this day of , 2023, by
as of FEDERAL HOME LOAN MORTGAGE CORPORATION,
who is ❑ personally known to me or 0 produced as identification.
Print Name:
Notary Public
Commission No.:
My Commission Expires:
NOTARY STAMP
MIAMI 10154079.1 79701 /30343 0