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HomeMy WebLinkAbout24764AGREEMENT INFORMATION AGREEMENT NUMBER 24764 NAME/TYPE OF AGREEMENT GREATER ST. PAUL A.M.E. CHURCH, INC. DESCRIPTION RENT REGULATORY AGREEMENT/HIBISCUS-WILLIAMS 3472- 3478 HIBISCUS ST/FILE ID: 12545/R-22-0406/MATTER ID: 23- 2018/#5 EFFECTIVE DATE November 28, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/7/2023 DATE RECEIVED FROM ISSUING DEPT. 1/17/2024 NOTE at-riuit 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: 3472-3478 Hibiscus Street Miami, Florida 33133 Folio Number: 01-4121-007-5430 RENT REGULATORY AGREEMENT FOR GREATER ST PAUL AME CHURCH HIBISCUS-WILLIAMS THIS RENT REGULATORY AGREEMENT ("Regulatory Agreement") is entered into this 9.S"- day of pouyokati, 2023, between GREATER ST. PAUL A.M.E. CHURCH, INC., a Florida not for profit corporation (hereinafter referred to as `Beneficiary") and the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). The execution of this Regulatory Agreement by the Beneficiary is in connection with the grant of American Rescue Plan Act of 2021 ("ARPA") funds, (the "Grant"), secured by certain grant documents to be executed in connection therewith (the "Grant Documents"), for the rehabilitation of a total of ten (10) residential affordable apartment units, which shall be occupied by eligible residents ("ARPA-Assisted Units"), in that certain project known as the Greater St. Hibiscus -Williams project. The project will encompass 10 units across two folios at 3472-3478 Hibiscus Street Miami, Florida 33133 and two multifamily apartment buildings at 3574 William Avenue Miami, Florida 33133 (the "Project"). Four (4) of those units will be located at 3472- 3478 Hibiscus Street Miami, Florida 33133 (hereinafter referred to as the "Property"). In accordance with the requirements set forth in (i) that certain ARPA Grant Agreement executed by the Beneficiary and the City for the ARPA funds (the "Agreement"), and (ii) the other Grant documents of even date therewith between the Beneficiary and the City, the four (4) units on the Property are considered "ARPA-Assisted" and all of the ARPA-Assisted Units are subject to the restrictions provided herein. The four (4) ARPA-Assisted Units shall be, at any one time, in compliance with ARPA and the requirements set forth herein._ Beneficiary hereby agrees to the following terms, conditions and covenants until the end of the Affordability Period: Lll 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 Moderate Income households. Moderate Income households have annual incomes that do not exceed sixty-five percent (65%) of area median income, as determined by the Florida Housing Finance Corporation in conjunction with the U.S. Department of Housing and Urban Development ('HUD") and adjusted for family size. Page 1 of 9 (2) 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 Moderate -Income are subject to the rent maximums as follows: No. of ARPA_ No. of Bedroom AMI Categor y Rent Maximum Assisted s * Units 4 1 65% $1,258 * Change yearly per Florida Housing Fin. Corp. / HUD rent limits 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 sixty-five percent (65%) 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 Beneficiary 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. Beneficiary 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 Beneficiary'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. 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. Page 2 of 9 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. 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 Beneficiary 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 Beneficiary 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 Beneficiary 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 Beneficiary 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. (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 g• Page 3 of 9 reasonable time by the City. Beneficiary 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 occupancyeligibility 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 Beneficiary, by registered or certified mail, addressed to the Beneficiary'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 Beneficiary. In the case of a Beneficiary 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 Grant Agreement and the Grant 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 Grant Documents. All notices under this Regulatory Agreement shall be in writing and addressed as follows: To Beneficiary: With Copy to: To City: With Copy To: Greater St. Paul A.M.E. Church, Inc. 3680 Thomas Ave. Miami, FL 33133 Attention: Nathaniel Robinson City of Miami Department of Housing and Community Development One Flagler Building 14 Northeast lst Avenue, Second Floor Miami, Florida 33132 Attn: George Mensah, Director Victoria Mendez Office of the City Attorney, City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Page 4 of 9 (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 Grant Documents. (11) Tenant Notice. Beneficiary 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 Regulatory Agreement will be made available by the landlord to each tenant upon request. If there is no lease for a ARPA-Assisted Unit, Beneficiary 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 Grant 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 any of the other Grant Documents executed in connection with the Grant. (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 Beneficiary 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 Grant Documents. (16) Exclusion of Commercial Spaces. Notwithstanding anything to the contrary in this Regulatory Agreement or in the Grant Agreement, it is expressly understood and agreed that the Regulation and all other terms, conditions, restrictions, and requirements of this Regulatory Agreement shall Page 5 of 9 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 Beneficiary'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 Beneficiary. (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: if Print Name: i► 6: vo Ll) fl Print Name3I41WJe- �t%(�Ahrsvl�l BENEFICIARY'S ADDRESS: Greater St. Paul A.M.E. Church, Inc. 3680 Thomas Ave. Miami, FL 33133 Attention: Nathaniel Robinson STATE OF FLORIDA COUNTY OF MIAMI-DADE BENEFICIARY: GREATER ST. PAUL A.M.E. CHURCH, INC., a Florida not for profit corporation By: ACKNOWLEDGMENT Print Name: aniel Robinson Title: President & CEO The foregoing instrument was acknowl dged before me by means of 0 physical presence or 0 online notarization, thisaf day of Nait-m , 2023 by Nathaniel Robinson as President of Greater St. Paul A.M.E. Church, Inc. a is personally known to me)or has produced as identification. (NOTARY PUBLIC SEAL) ROSA E. WILLIAMS MY COMMISSION # HH 106184 EXPIRES: July 19, 2025 ,•oEdrsti° Bonded Thru Notary Public Underwriters Notary ature of Person Taking Acknowledgment (Printed, Typed, or Stamped Name of Public) Serial Number, if any Page 7 of 9 ATTEST: odd B. H City Clerk Date: a latX•°6 APPROVED AS TO FORM AND CORRECTNESS: Ai Victoria NYendez City Attorney Q.1) *Z'I -?,i 8 CITY: CITY OF MIAMI, a municipal corporation of the State of Floa B Arthur N&iega City Manager Page 8 of 9 Exhibit A Legal Description Of The Property LOT 1, LESS THE EAST 1.5 FEET THEREOF, BLOCK 31, FROM HOMESTEAD, ACCORDING TO MAP OR PLAT THEREOF AS RECORDD IN PLAT BOOK B, PAGE 106, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. actoq Page 9 of 9