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HomeMy WebLinkAbout24688AGREEMENT INFORMATION AGREEMENT NUMBER 24688 NAME/TYPE OF AGREEMENT STADIUM TOWER APARTMENTS DESCRIPTION RENT REGULATORY AGREEMENT/2320 NW 8TH AVENUE MIAMI, FLORIDA 33127/FILE ID: 12775/R-22-0420/MATTER ID: 22-2776K EFFECTIVE DATE December 19, 2022 ATTESTED BY NICOLE EWAN ATTESTED DATE 12/19/2022 DATE RECEIVED FROM ISSUING DEPT. 12/8/2023 NOTE aLte�g Prepared by, and after recording return to: Victoria Mendez, Esq. City Attorney, City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Tel: (305) 416-1800 Property Address: 2320 Northwest 8th Avenue Miami, Florida 33127 Folio number: 01-3126-077-0020 RENT REGULATORY AGREEMENT FOR STADIUM TOWER APARTMENTS S RENT REGULATORY AGREEMENT ("Regulatory Agreement") is entered into this \Or day of IN,C.e.N ', 2022, between STADIUM TOWER APARTMENTS, LLC, a Florida limited liability company (hereinafter referred to as "Borrower") and the CITY OF NIIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). The execution of this Regulatory Agreement by the Borrower is in connection with the loan of American Rescue Plan Act of 2021 ("ARPA") funds, (the "Loan"), secured by certain loan documents to be executed in connection therewith (the "Loan Documents"), for the construction of a total of sixty (60) residential affordable apartment units, which shall be occupied by eligible residents ("ARPA-Assisted Units"), in that certain project known as Stadium Tower Apartments. The project will be a 7-floor residential building located 2320 Northwest 8th Avenue Miami, Florida 33127 (hereinafter referred to as the "Property" or the "Project"). In accordance with the requirements set forth in (i) that certain ARPA Loan Agreement executed by the Borrower and the City for the ARPA funds (the "Agreement"), and (ii) the other Loan documents of even date therewith between the Borrower and the City, sixty (60) of the total one hundred forty-nine (149) Project units are considered "ARPA-Assisted" and all of the ARPA- Assisted Units are subject to the restrictions provided herein. The sixty (60) ARPA-Assisted Units shall be "floating" units, meaning that they are not specifically designated units, but that any sixty (60) of the total one hundred forty nine (149) Project units shall be, at any one time, in compliance with ARPA and the requirements set forth herein. Borrower hereby agrees to the following terms, conditions and covenants until the end of the Affordability Period: al Occupancy Requirements. The ARPA-Assisted Units shall be made available to tenants who qualify under the occupancy requirements of the United States Department of the Treasury's final rule, 31 CFR Part 35, that implements the Coronavirus State Fiscal and Local Fiscal Recovery Funds established under the American Rescue Plan Act of 2021 ("Regulation"). The ARPA-Assisted Units are subject to the restrictions provided therein and herein, including, but not limited to, the following: Ten (10) of the ARPA Assisted Units shall be occupied by Very Low -Income Households. Very Low -Income Households have annual incomes that do not exceed thirty percent (30%) of area median income, as determined by the U.S. Department of Housing and Urban Development (`HUD") and adjusted for family size. The remaining fifty (50) ARPA-Assisted Units shall be occupied by Low -Income Households. Low - Page 1 of 9 Income Households have annual incomes that do not exceed sixty percent (60%) of the median income for the area, as determined by HUD and adjusted for family size. 121 Maximum Rent Levels. The rents charged on all of the ARPA-Assisted Units shall be subject to the Regulation and to the requirements set forth in the table below. Gross monthly rent charged on ARPA-Assisted Units occupied by tenants identified as Very - Low Income and Low -Income are subject to the rent maximums as follows: No. of ARPA- No. of Bedrooms AMI Category Rent Maximum* Assisted Units 3 1 30% $548 5 2 30% $658 2 3 30% $760 13 1 60% $1,097 23 2 60% $1,317 14 3 60% $1,521 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 ARPA-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. In the event that the ARPA Assisted Units are also benefitted from a federal or state rent subsidy program, then the rents outlined above may be set at the applicable rent standard established by that rent subsidy program in compliance with 24 CFR 252 (b)(2). (3) Income Re -certification. Tenant income for ARPA-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 this Regulatory Agreement. (4) Deposits and Pre -payments. Borrower shall not require, as a condition of occupancy or leasing of any ARPA-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 ARPA-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. Page 2 of 9 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 ARPA-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 condition of the Project and/or the ARPA-Assisted Units. (7) Inspections. The Borrower agrees to submit the ARPA-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. At any time other than an annual inspection, the City may, in its discretion, inspect any ARPA-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. Page 3 of 9 (8) Record -keeping. The Property, including the ARPA-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 ARPA-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 this Regulatory Agreement. (9) 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 Regulatory Agreement and under the Loan Agreement and the 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 Loan Documents. All notices under this Regulatory Agreement shall be in writing and addressed as follows: To Borrower: With Copy to: To City: Stadium Tower Apartments, LLC 7735 NW 146th Street Miami Lakes, FL 33016 Attention: Lewis Swezy Shahrzad Emami Shaw Nelson Mullins Riley & Scarborough LLP 1905 NW Corporate Blvd Boca Raton, FL 33431 City of Miami Department of Housing and Community Development One Flagler Building 14 Northeast 1st Avenue, Second Floor Miami, Florida 33132 Attn: George Mensah, Director Page 4 of 9 With Copy To: Victoria Mendez 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 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 ARPA-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 Regulatory Agreement and/or the Loan Documents. (11) Tenant Notice. Borrower agrees during the term of this Regulatory Agreement, to furnish each tenant of a ARPA-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 RegulatoryAgreement will be made available by the landlord to each tenant upon request. If there is no lease for a ARPA-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 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 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 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 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 Regulation and/or in the Loan Documents. Page 5 of 9 (16) Exclusion of Commercial Spaces. Notwithstanding anything to the contrary in this Regulatory Agreement or in the Loan Agreement, it is expressly understood and agreed that the Regulation and all other terms, conditions, restrictions, and requirements of this 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 Regulatory Agreement by judgment of Court shall not affect any of the other provisions of the Covenant, which shall remain in full force and effect. (18) Recordation. This 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 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 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) Attorney's Fees. In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this 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. (21) Counterparts and Electronic Signatures. This 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 Regulatory Agreement. The parties hereto shall be entitled to sign and transmit an electronic signature of this 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 hereto providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Regulatory Agreement upon request. [Signature Page Follows] Page 6 of 9 THIS REGULATORY AGREEMENT has been executed and delivered as of the day and year first above written. WITNESSES: Print Name: Aiiv r o Print Name: Gl_$#(.-A4Z S Lf`'2 PROJECT SPONSOR'S ADDRESS: Stadium Tower Apartments, LLC 7735 NW 146th Street Miami Lakes, FL 33016 Attention: Lewis Swezy STATE OF FLORIDA COUNTY OF MIAMI-DADE PROJECT SPONSOR: STADIUM APARTMENTS, LLC, limited liability ACKNOWLEDGMENT '''AgiVnt e: Le Title: Manage TO The foregoing instrument was acknowledged before me by means of 4hysical presence or O online notarization, thisk3 day of `DEC , 2022 by Lewis Swezy as Manager of Stadium Tower Apartments, LLC. He is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) % �`„Yp�j/// FLOR M PADILLA Jt� O/ � �o: Notary Public -State of Florida • "` *= Commission # HH 177130 �;' My Commission Expires September 20, 2025 Aft Sign �! Pe sr on Taking Ackno �+ • io ent (Printed, Typed, or Stamped Name of Notary Public) Serial Number, if any Page 7 of IN ST: CITY: CITY OF MIAMI, municipal corporation of the State of Flor �.. _ By: (-Todd Hannon Arthur Noriega u City City Manager Date: I2) J' /2_022 APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney 1t4',1�k Page 8 of 9 Exhibit A Le2a1 Description Of The Property Tract B of MIAMI STADIUM SUBDIVISION, according to the Plat thereof as recorded in Plat Book 157, at Page 76, of the Public Records of MIAMI-DADE County, Florida. Page 9 of 9