HomeMy WebLinkAbout23302AGREEMENT INFORMATION
AGREEMENT NUMBER
23302
NAME/TYPE OF AGREEMENT
CITY OF MIAMI
DESCRIPTION
DECLARATION OF RESTRICTIVE COVENANTS/AFFORDABLE
HOUSING (MULTI-FAMILY)/FILE ID: 5562/R-19-0141
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
9/28/2020
DATE RECEIVED FROM
ISSUING DEPT.
9/30/2020
NOTE
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 Nos: 01-3114-027-1250; 01-3114-027-1240; 01-3114-027-1230; 01-3114-027-1220; 01-3114-027-
1210 01-3114-027-1290; 01-3114-035-2030, 01-3114-035-2020; and 01-3114-035-2000
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
FOR AFFORDABLE HOUSING (MULTI -FAMILY)
This Declaration of Restrictive Covenants for Affordable Housing (Multi -Family)
("Declaration") made this day of , 2020, by CITY OF MIAMI, a municipal
corporation of the State of Florida ("Owner") having an address at 444 SW 2nd Avenue, Miami,
Florida 33130, 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
Numbers: 01-3114-027-1250; 01-3114-027-1240; 01-3114-027-1230; 01-3114-027-1220; 01-
3114-027-1210 01-3114-027-1290; 01-3114-035-2030, 01-3114-035-2020; and 01-3114-035-
2000, legally described in Exhibit "A", attached hereto and incorporated herein (the "Property");
that Owner intends to construct a multi -family residential structure as an Affordable Housing '
Development ("Development" or "Project") pursuant to Article 3, Section 3.15.1 of Ordinance
No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code");
and
WHEREAS, the proposed Development will provide a minimum of eighty percent (80%)
of the Dwelling Units as "Affordable Housing" serving residents at or below sixty percent (60%)
of Area Median Income ("AMP') and the remaining Dwelling Units as "Workforce Housing"
serving residents below one -hundred forty percent (140%) AMI; and
WHEREAS, the proposed Development currently contains Ninety-nine (99) Dwelling
Units set aside for Affordable Housing, as described herein, and Twenty-one (21) Dwelling
Units set aside for Workforce Housing, as described herein (collectively, "Units"); and
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WHEREAS, Owner has applied to City for the deferral of Five Hundred Sixty -Four
Thousand Two Hundred Forty and 00/100 Dollars ($564,240.00) in developmental impact fees
(hereafter "impact fee[s]") otherwise applicable to these Units, pursuant to the requirements for
deferral of impact fees for Affordable Housing 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 Section 13-8 of the Code, a condition of the deferral of impact
fees for affordable housing and workforce housing is that Owner must reasonably ensure that the
Project is reserved for "Affordable Housing" and/or "Workforce Housing" as defined in § 13-5
of the Code and specifically 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 Housing Development or Workforce Housing Development, as
applicable, pursuant to Section 13-5 of the City Code and as described in Section 3, below; and
WHEREAS, the Owner has submitted an eligible and timely Petition for an Affordable
Housing and Workforce Housing deferral of impact fees determination under the § 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 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 Declaration.
2. Covenant Running with the Land. This 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 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 Declaration shall also serve as the
Affordable Housing and Workforce Housing impact fee deferral agreement under Section 13-8
of the City Code.
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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:
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Owner hereby agrees that Five Hundred Sixty -Four Thousand Two
Hundred Forty and 00/100 Dollars ($564,240.00) in impact and/or
administrative fees (the "Deferred Impact Fees") have been
deferred for the construction of One Hundred Twenty (120)
Dwelling Units of Affordable and/or Workforce Housing, as such
terms are defined herein and consistent with Section 13-5 of the
City Code, as applicable and as amended. 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
Affordable and Workforce, as applicable, as defined herein and
pursuant to the provisions of Chapter 13 of the City Code and the
Project shall be qualified as "Affordable Housing" so long as the
Project provides a minimum of eighty percent (80%) of the
Dwelling Units as Affordable Housing serving residents at or
below sixty percent (60%) of AMI, adjusted for household size, as
determined by the Depattiiient of Housing and Urban Development
on an annual basis, and the remaining Dwelling Units as
Workforce Housing serving residents at or below one hundred
forty percent (140%) of AMI, adjusted for household size, as
determined by the Department of Housing and Urban Development
on an annual basis;
The Project shall contain one hundred twenty (120) Dwelling Units
with one hundred twenty (120) Dwelling Units set aside for
Affordable and Workforce Housing, consistent with Section 13-5
of the City Code, as applicable and as amended;
Prior to converting any of the Affordable Housing Units or
Workforce 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 and Workforce homeownership units specified in this
Declaration. Each Individual Covenant must (i) specify the
applicable AMI for any purchaser during the term of the Individual
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Covenant and (ii) expire on the same date as the Covenant for
Affordable and Workforce Housing; and
In the event that any of the Affordable Housing Units or
Workforce Housing Units are sold, the specific Unit(s) must be
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 Housing Unit and Workforce
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 Declaration shall be pursuant to Section 2 of this
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. It is 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 Declaration.
6. Enforcement. An action to enforce the terms and conditions of this 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 Declaration, to
restrain violations, recover the Deferred Impact Fees, or for any other remedy available. In
addition, any violation or noncompliance of this Declaration shall be immediately referred to the
Code Compliance Department 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 Declaration. Any violation or noncompliance of this 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.
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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.
Any violation or noncompliance of this 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 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 Declaration required
by or associated with Section 3.15 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 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
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 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
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limitation those related to Affordable and Workforce Housing. Any violation of said laws shall
be deemed a violation of this 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 Declaration are inserted for
convenience only and shall not affect in any way the meaning or interpretation of this
Declaration.
13. Governing Law. This 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 Declaration shall, to the extent permitted by law, be held in Miami -Dade
County, Florida.
14. Entire Agreement. This 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 Declaration that are not contained in this 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 Declaration and pursuant to this 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:
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OWNER
City of Miami
444 SW 2nd Ave
10th Floor
Miami, FL 33130
Attention: City Manager
With a copy to:
CONTRACT PURCHASER
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Office of the City Attorney
City of Miami
444 SW 2nd Avenue
Suite 945
Miami, Florida 33130
Residences at Dr. King Boulevard, Ltd.
c/o Ryan D. Bailin, Esq.
Greenberg Traurig, P.A.
333 SE 2nd Ave, Suite 4400
Miami FL 33131
16. Counterparts/Electronic Signature. This 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 Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this 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 Declaration upon request.
17. Recordation. This 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.
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(SIGNATURES ON FOLLOWING PAGES)
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Signed, witnessed, executed and acknowledged this day of , 2020.
Witnesses
City of Miami, a m , ipal corporation of the
State of Florida
Print Name: 47//, /q �1A4cACeO✓ By:
Name: Arthur N
.5�l %C Title: City Mana
-.:.,
Print Name: 1 CiUb (t,d 1?- T
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
riega V.
r
Todd B. Hannon, Clerk
The foregoing instrument was acknowledged before me by means of physical presence
or El online notarization this 02c,1 day of
be/, 2020, by Arthur Noriega V., City
Manager of the City of Miami, a municipal corporation of the State of Florida and attested by
Todd B. Hannon, City Clerk. Each personally known ./ or Produced Identification
Type of Identification Produced
.."" OFELIA E. PEREZ
MY COMMISSION # GO 360880
^' EXPIRES: August 2, 2023
'Of,:' Bonded TMr Notary Public Underwriters
i
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-H-
`Z
Pri /or Stamp Name:
N e ary Public, State of
Commission No.:
My Commission Expires:
ATTESTED:
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
odd B. Hannon Arthur Nori: . V.
City Clerk City Manager
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ✓physical
presence OR online notarization this day of r�o�►,,.br/ , 2Cal, by
�/ ,,y cS ti,.- , as aaw►S ev of the City of Miami,
Florida, a municipal corporation of the State olorida. He/She is jam] -personally known to me or
has produced
My Commission Expires:
• �.... OFELLA E. PEREZ
; MY COMMISSION # GG 360880
��. EXPIRES: August 2, 2023
?(,►``. Bonded Thru Notary Public Undorwrtters
Rev Jan 2019
as identification:-
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Nota Public, State of Florida
P or Stamp Name
Commission No.:
George Mensah
Housing and Community Development
Director
Approved:
Joseph A. Ruiz, Esq.
Zoning Administrator
Approved as to legal form and correctness: Approved:
5aA,Pta6y.L., eV6/e eputy r:
Victoria 1V ndez, Esq. Francisco Garcia
Planning Director
City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 6, 7, 8, 9, 11, 12, 13, 14 AND 15, BLOCK 6, OF "EAST LIBERTY CITY SECTION A",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, AT PAGE 19,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND
LOTS 19, 20, 21, 22, 23, 24, 25, 26, 27, AND 28, LESS THE NORTH 30 FEET, IN BLOCK 11,
AND THE NORTH '/ OF ALLEY LAYING SOUTH AND ADJACENT, CLOSED PER ORD.
13492, IN ORANGE HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 14, AT PAGE 62, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
Less
A PORTION OF LOT 28 IN BLOCK 11, ORANGE HEIGHTS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 62, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BOUNDED ON THE NORTH BY THE SOUTH LINE OF THE NORTH 30.00 FEET OF LOT
28 OF SAID BLOCK 11, BOUNDED ON THE EAST BY THE EAST LINE OF SAID LOT 28,
AND BOUNDED ON THE SOUTHWEST BY A 25.00 FOOT RADIUS ARC CONCAVE TO
THE SOUTHWEST, TANGENT TO THE EAST LINE OF SAID LOT 28, AND TANGENT
TO THE SOUTH LINE OF THE NORTH 10.00 FEET OF SAID BLOCK 11. CONTAINING
0.75 SQUARE FEET MORE OR LESS.
LYING AND BEING IN SECTION 14, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF
MIAMI, MIAMI-DADE COUNTY, FLORIDA.
ALSO KNOWN: 1560, 1520 AND 1500 NW 62 STREET, 1501, 1515, 1525, 1535, AND 1551
NW 62ND STREET AND 6240 NW 15 AVENUE MIAMI;
FOLIO NO.: 01-3114-027-1250; 01-3114-027-1240; 01-3114-027-1230; 01-3114-027-1220;,.01-
3114-027-1210; 01-3114-027-1290; 01-3114-035-2000; 01-3114-035-2020; AND 01-3114:035
2030.wwas
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