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HomeMy WebLinkAbout24765AGREEMENT INFORMATION AGREEMENT NUMBER 24765 NAME/TYPE OF AGREEMENT GREATER ST. PAUL A.M.E. CHURCH, INC. DESCRIPTION DECLARATION OF RESTRICTIVE COVENANTS/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 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 DECLARATION OF RESTRICTIVE COVENANTS FOR GREATER ST. PAUL A.M.E. CHURCH HIBISCUS-WILLIAMS This Declaration of Restrictive Covenants for GREATER ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH HIBISCUS-WILLIAMS (the "Covenant") made this day of IdAvniet,V , 2023 by GREATER ST. PAUL A.M.E. CHURCH, INC., a Florida not for profit corporation (hereinafter referred to as "Beneficiary"), is in favor of the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). Beneficiary and the City are sometimes collectively referred to as the "Parties" and singularly referred to as "Party." RECITALS WHEREAS, the Beneficiary is the fee simple owner of the property legally described in Exhibit A, attached hereto and incorporated here ("Property"); and WHEREAS, the Beneficiary hereby agrees and covenants that the Property shall be subject to the provisions, covenants, and restrictions contained herein; and WHEREAS, this Covenant is made for the express benefit of the City, and it shall remain in full force and effect until released by the City; and WHEREAS, the City has granted $2,200,000.00 in American Rescue Plan Act of 2021 ("ARPA") funds to Beneficiary ("Grant") in order to construct the Project, as more particularly described below; and WHEREAS, the Beneficiary is developing a project that will, among other things, increase the supply of rental housing units for Moderate -Income households in the community known as the Hibiscus -Williams Project (hereinafter referred to as the "Project"), which consists of the complete rehabilitation of 10 units across two folios at 3472-3478 Hibiscus Street and at 3574 William Avenue; and WHEREAS, the Project consists of a total of ten (10) residential units, of which four (4) ARPA-assisted units (the "ARPA-Assisted Units") developed on the Property and are all subject to the terms, covenants, and restrictions contained in this Covenant; and WHEREAS, the City's allocation of funds for the Project is subject to that certain ARPA Grant Funding Agreement for Greater St. Paul Church ("Grant Agreement" or "ARPA Grant Agreement") and other grant documents of even date herewith between the City and the Beneficiary (collectively the "Grant Documents"); and WHEREAS, Beneficiary desires to make a binding commitment to assure that the ARPA Assisted Units and the Property in general are maintained and operated in accordance with the provisions of the Grant Documents and this Covenant; and Page 1 of 7 WHEREAS, Beneficiary, as a condition for receiving the Grant funds, is required to record in the Public Records of Miami -Dade County, Florida, this Covenant obligating the Beneficiary, its successors, and assigns to maintain and operate the Property in accordance with the Grant Documents; and WHEREAS, the Beneficiary hereby declares that this Covenant shall be and is a covenant running with the Property and, unless released by the City, is binding on the Property for the entire Affordability Period, and is not merely a personal covenant of the Beneficiary; and NOW THEREFORE, Beneficiary voluntarily covenants and agrees that the ARPA Assisted Units and the Property in general shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon Beneficiary, and its heirs, transferees, successors and assigns as follows: TERMS: Section 1. Recitals: The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Use of Property: There shall be a total of four (4) ARPA Assisted Units in the Project that shall remain Affordable for eligible tenants. Four (4) of the units shall remain affordable to Moderate Income households for the period of time commencing on the date of the Close -Out of the Project and ending thirty (30) years thereafter (the "Expiration of the Affordability Period"). The four (4) ARPA Assisted units shall consist of four (4) one bedroom/one bathroom apartment units that are occupied by Moderate Income households. "Moderate Income" shall mean a household whose annual income does not exceed sixty percent (65%) of the median income for the area, as determined by the Florida Housing Finance Corporation in conjunction with the U.S. Department of Housing and Urban Development ("HUD"). Section 3. Term of Covenant: This Covenant is a covenant running with the land. This Covenant shall remain in full force and effect and shall be binding upon the Beneficiary, its successors, transferees, and assigns from the Effective Date until the Expiration of the Affordability Period. The Affordability Period of this Project will be thirty (30) years commencing on Close -Out of the Project. Upon the Expiration of the Affordability Period, this Covenant 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 the Expiration of the Affordability Period, the City shall prepare for recording an instrument evidencing the expiration of and other termination of this Covenant in the Public Records of Miami -Dade County, Florida. Section 4. Prohibited Conveyances: Except as provided in the Grant Documents, the Beneficiary covenants and agrees not to encumber or convey its interest in the Project, Property, or any portion thereof, without City's prior written consent as required by the Grant Agreement, except for those encumbrances and/or conveyances as authorized under the ARPA Grant Agreement. For the purposes of this Covenant, any change in the ownership or control of the Beneficiary, which is not permitted under the Grant Documents, shall be deemed a conveyance of an interest in the Project. Page 2 of 7 Section 5. Repayment Upon Default: The Beneficiary covenants and agrees that in the event (i) of the sale or conveyance of any interest in the Project and/or the Property without City's prior written consent as required by the Grant Documents (except as otherwise provided in the Grant Documents), or (ii) that the Beneficiary ceases to exist as an organization, the Beneficiary shall immediately make payment to the City in an amount equal to the full amount of Grant funds disbursed and outstanding, all Program Income (as defmed in 2 CFR Part 200.307(e)(2)) derived from or in connection with the Project, the Property and/or the Grants, and all unpaid fees, charges and other obligations of the Beneficiary due under any of the ARPA Grant Documents. Section 6. Inspection and Enforcement: It is understood and agreed that any official inspector of the City shall have the right any time during normal working hours to enter and investigate the use of the Property to determine whether the conditions of this Covenant are in compliance, subject to the rights of residential tenants under their leases. Section 7. Amendment and Modification: This Covenant may be modified, amended, or released as to any portion of the Property by a written instrument executed on behalf of the City and the Beneficiary, or their respective successors -in -interest. Should this instrument be modified, amended or released, the City Manager shall execute a written instrument in recordable form to be recorded in the Public Records of Miami -Dade County, Florida, effectuating and acknowledging such modification, amendment, or release. Section 8. Definitions: All capitalized terms not defmed herein shall have the meanings provided in the ARPA Grant Agreement. Section 9. Severability: Invalidation of one of the provisions of this Covenant by judgment of Court shall not affect any of the other provisions of the Covenant, which shall remain in full force and effect. Section 10. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of the Beneficiary. Section 11. Deed Restriction/Covenant Running with the Land. Any and all requirements of the laws of the State of Florida that must be satisfied in order for the provisions of this Covenant to constitute a deed restriction and covenant running with the land shall be satisfied in full, and any requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable servitude has been created to insure that these restrictions run with the land. For the term of this Covenant, each and every contract, deed, or other instrument hereafter executed conveying the Property or portion thereof shall expressly provide that such conveyance is subject to this Covenant, provided, however, that the covenants contained herein shall survive and be effective regardless of whether such contract, deed, or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Covenant. Section 12. Governing Law and Venue. This Covenant 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 Covenant 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 Page 3 of 7 mechanism, will take place in this venue. The Parties both waive any defense that venue in Miami -Dade County is not convenient. Section 13. Costs, Including Attorney's Fees. In the event litigation, arbitration, or mediation, between the Parties, arises out of the terms of this Covenant, 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. IN WITNESS WHEREOF, the Beneficiary has caused this Declaration of Restrictive Covenants to be executed by its duly authorized officers and the corporate seal to be affixed hereto on the day and year first above -written. WITNESSES: Print Name:: l a1 IL.. / 702,4 /4 BENEFICIARY BENEFICIARY'S ADDRESS: Greater St. Paul A.M.E. Church, Inc. 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: Print Name: Nathaniel obinson Title: President & CEO ACKNOWLEDGMENT The foregoing instrument w s acknowl dged before me by means of O physical presence or O online notarization, this day of Jen-, b.eL.2023 by Nathaniel Robinson as President of Greater St. Paul A.M.E. Church, Inc. die' is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) ROSAE. WILLIAMS • ;. MY COMMISSION # HH 106184 p1�;Ai EXPIRES: July 19, 2025 sthvgiv Bolded Rau Notary Public Underwriters Notary ig ature o Person Taking Acknowledgment (Printed, Typed, or Stamped Name of Page 4 of 7 CITY OF MIAMI, a municipal corporation oj4e State of Florida ATTESTED: By: odd B. Ha City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE Arthur Noriega City Manager The foregoing instrument was acknowledged before me by means of E'I physical presence or O online notarization, this 5 day of et,-trnh•c f , Unby 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 is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) SANDRAGILBERT MY COMMISSION # HH 112572 EXPIRES: April 20, 2025 Bonded Thru Notary Public Underwriters Appro -d b Housing and Community Develo �e�a, ment: George Director I I App •vex .s to legal form and correctness: / \ ` L v fu Victoria Mendez, Esq City Attorney 4 23—bat?) g Acknowledgment (Printed, Typed, or Stamped Name of Notary Public) Title or Rank Serial Number, if any Page 5 of 7 Exhibit A Legal Description Of The Property LOT 1, LESS THE EAST 1.50 FEET THEREOF, BLOCK 31, FROM HOMESTEAD, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 106, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA ONS Page 7 of 7