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HomeMy WebLinkAbout23365AGREEMENT INFORMATION AGREEMENT NUMBER 23365 NAME/TYPE OF AGREEMENT CARRFOUR SUPPORTIVE HOUSING INC. DESCRIPTION AFFIRMATION & CONSENT AGREEMENT/BARCELONA CONDO UNITS/MATTER ID: 20-751 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/9/2020 DATE RECEIVED FROM ISSUING DEPT. 4/20/2021 NOTE MANUEL DOBRINSKY President JULIE AZUAJE J.' Vice President LINDA LOTT 2nd Vice President D. PORPOISE EVANS Treasurer KAREN LAPEKAS Secretary JORDI GUSO Immediate Past President MARCIA K. CYPEN Executive Director Emeritus MONICA VIGUES-PITAN Executive Director Todd Hanon Office of the City Clerk 3500 Pan American Drive Miami, Florida 33133 April 13, 2021 LEGAL';tSERVICES OF GREATER MIAMI, INC. Re: City of Miami Original Recorded Documents Carrfour Supportive Housing, Inc. — Barcelona Condominiums Dear Mr. Hannon: City of Miami Attorney Richard Appleton instructed me to send you the enclosed original documents for record keeping. Please find enclosed the recorded City of Miami documents for Carrfour Supportive Housing Inc.'s Barcelona Condominium closing with Miami -Dade County. Note that the documents were e-recorded — the first page of each document is a copy with the e-recording information, followed by the original document. The following documents are enclosed: • "Affirmation and Consent" • "Assignment and Assumption of Mortgage and Loan Documents with City Consent Hereto in my possession." Feel free to contact me if you have any questions. Thanks! Sincerely, Chiara Brandstaetter Attorney at Law PASSIONATELY COMMITTED TO EQUAL JUSTICE 4343 West Flagler Street • Suite 100 •Miami, FL 33134 Direct (305) 438- 2461• Fax (305) 438 - 2461• TTY (305) 573- 1578 Email: CBrandstaetter@legalservicesmiami.org • Website: www.legalservicesrniami.org iLLSC CFN: 20200721798 BOOK 32240 PAGE 1815 DATE:12/15/2020 10:31:31 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Recording Requested By And When Recorded Mail To: Legal Services of Greater Miami, Inc. Attention: Chiara Brandstaetter, Esq. 4343 West Fiagter Street Suite 100 Miami, Florida 33134 AFFIRMATION AND CONSENT THE UNDERSIGNED, being the owner and holder of a promissory note in the original principal amount of $2,000,000.00 (the "First City Loan"), secured by that certain Florida Mortgage and Security Agreement executed by Carrfour Supportive Housing, Inc. ('Carrfour") in favor of the City of Miami, a.municipal corporation of the State of Florida ("Senior Lender"), recorded October 3, 2011, in Official Records Book 27845, at Page 4695, and the Restrictive Covenant recorded June 28, 2012, in Official Records Book 28168 at Page 926, and being the owner and holder of a second promissory note in the original principal amount of $1,355,388.00 (the "Second City Loan," and collectively with the First City Loan, the "City Loans"), secured by that certain Mortgage and Security Agreement For C4 Barcelona 1, LLC, C4 Barcelona 2, LLC, And C4 Barcelona 3, LLC, executed by C4 Barcelona 1, LLC, C4 Barcelona 2, LLC, and C4 Barcelona 3, LLC, all Florida limited liability companies (collectively, the °Borrowers") in favor of Senior Lender and recorded April 26, 2019, in Official Records Book 31417, at Page 4815, the Rent Regulatory Agreement for Barcelona Condominiums recorded on even date therewith, in Official Records Book 31417, at Page 4846, and the Declaration of Restrictive Covenant for CDBG-Assisted Units For C4 Barcelona 1, LLC, C4 Barcelona 2, LLC, And C4 Barcelona , LLC, recorded on even date therewith, in Official Records Book 31417, at Page 4835, all in the Public Records of Miami -Dade County, Florida (collectively, "Loan Documents"), does hereby consent and agree to a subordinate loan from Miami -Dade County in the principal amount of $385,000,00, secured by a mortgage and other such recorded instruments, which shall encumber the property described in Exhibit "A" attached hereto. The parties hereto affirm the priority of its City Loans; it is the intent of the parties hereto that this instrument shall not constitute a novation and shall in no way adversely affect the lien priority of the Senior Lender. Nothing provided herein shall affect or impair the rights and remedies of the Senior Lender. While the Lender consents to the subordinate loan, as described herein, the Lender also expressly reserves the right to withhold its consent to any future loans, as set forth in the aforementioned Loan Documents. 'CFN: 20200721796 BOOK 32240 PAGE•t816•' IN WITNESS WHEREOF, the Lender has caused this Affirmation and Consent to be signed as of _ It 2020. CITY: City of Miami, a municipal corporation of the Print me: isr! - fl C*2- State of Florida, By: /' 41' i lIt q , Arthur N riega V i� City ,Manager Print Name: ATTEST: Todd B. Hannon City Clerk Date: t aPaD ROVED AST • FORM A ' CO - ECTNES ictoria M - ndez City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE RFA #20-751 The foregoing instrument was acknowledged before me by means of El -physical presence or ❑ online notarization this day of p•t2'ut be/ , 2020 by Arthur Noriega V, as City Manager of the City of Miami, Florida, a municipal corporation of the State of Florida, and on behalf of City of Miami, who is personally known to me or has produced as Identification. RY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES Recording Requested By . ' And When Recorded Mail To: Legal Services of Greater Miami, Inc. Attention: Chiara Brandstaetter, Esq. • 4343 West Flagler Street Suite 100 Miami, Florida 33134 AFFIRMATION AND CONSENT THE UNDERSIGNED, being the owner and holder of a promissory note in the original principal amount of $2,000,000.00 (the "First City Loan"), secured by that certain Florida Mortgage and Security Agreement executed by Carrfour Supportive Housing, Inc. ("Carrfour) in favor of the City of Miami, is municipalcorporationiiof the State of Florida ("Senior: Lender'), recorded ,Qctober 3, 2011, in' Official. Records Book 27845, at Page 4695, and the .Restrictive Covenant recorded June 28, 2012, in Official Records Book 28168 at Page 926,-and being the owner and holder of a'second promissory note :in the original principal amount of $1,355,388.00 (the "Second City Loan,". and collectively with the First City Loan, the. "City Loans"), secured by that certain Mortgage and Security Agreement For C4 Barcelona .1, LLC, C4 Barcelona 2, LLC, And C4 Barcelona 3, LLC, executed by C4 Barcelona 1, LLC, C4 Barcelona 2, LLC, and C4 Barcelona 3, LLC, all Florida limited liability companies (collectively, the "Borrowers") in favor of Senior Lender and recorded April 26, 2019, in Official Records Book 31417, at Page 4815, the Rent Regulatory Agreement for Barcelona Condominiums recorded on even date therewith, in Official Records Book 31417, at Page 4846, and the Declaration of Restrictive Covenant' for CDBG-Assisted Units For C4. Barcelona 1, LLC, C4 Barcelona 2, LLC, And C4 Barcelona , LLC, recorded on even date therewith, in Official Records Book 31417, at Page 4835, -all in the Public Records of Miami -Dade County, • Florida (collectively, "Loan Documents"), does hereby consent and agree to a subordinate loan from Miami -Dade County in the principalbam:ount�of;$385 QQ.00;`•secu.ed.by,a•mortgage and other such .. .s, yrs ;1;Y: �.. VS R,,.,..Y Yi ,� lY'.r. ''.i ;i?'1., r . „c� r �'.r •��. v,pH.;i • , recorded "instruments;`':',which shalt' encumber ;the,,.:pr"operty::'described in Exhibit '"A" attached hereto.. The :parties hereto. affirm, the priority. ofyits City Loans; it is the intent of the parties hereto that`this instrument shall not constitute a'novation and shall in no way adversely affect the lien priority of the Senior Lender. Nothing provided herein shall affect or impair the rights and remedies of the 'Senior Lender. While the Lender consents to the subordinate loan, as described herein, the Lender also expressly reserves the right to withhold its consent to any future loans, as set forth in the aforementioned Loan Documents. IN WITNESS WHEREOF, the Lender has caused this Affirmation and Consent to be signed as of 1' , 2020. ATTEST: Todd B. Hannon City Clerk Date: art (cA (oo ROVED AS T • FORM At' COECTNES' ctoria M-ndez City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE RFA #20-751 CITY: City of Miami, a municipal corporation of the State of Florid By: Arthur Noriega V City Manager The foregoing instrument was acknowledged before me by means of B-physical presence or ❑ online notarization this 9 day of ,Pri' be/ , 2020 by Arthur Noriega V, as City Manager of the City of Miami, Florida, a municipal corporation of the State of Florida, and on behalf of City of Miami, who is personally known to me or has produced as identification. NO ARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES IN WITNESS WHEREOF, the undersigned have executed this document this its" day of N13w4nb.,r , 2020. Witness: By: Print Name: Title: t40.., Date: No 4Mlxr 17•,1.0to Witness: By: I Print Name: ' OLO'N et 1 } `� kg Title: APC-ca rt i Ulla bi-() Date: I I 1 102. 6 C4 Barcelona 1, LLC, a Florida Limited Liability Company By:_Carrfour Supportive Housing Inc., a Florida nonprpfit corporation, its sole member. By: Ste/hanie Berman, President Date: I I 1 Z 7.6 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE THE FOREGOING INSTRUMENT was acknowledged before me by means of" physical presence or ❑ online notarization, on this 12 day of jAajeni8, , 2020 by STEPHANIE BERMAN as PRESIDENT of Carrfour Supportive Housing Inc., a Florida nonprofit corporation, sole member of C4 BARCELONA 1 LLC, a Florida limited liability company, who is personally known to me or who produced a as identification. My Commission Expires:) tflj24- .JAMES D. PETRONE I i . Notary Public - State of Florida M` Commission a GG 972068 4 '' ?`'ocr�. ' My Comm. Expires Jul 17, 2024 I 0 Bonded through National Notary Assn. I 4,—w---_----_ lib m Signature of -Notary Public, State of Florida Printed Name of Notary Public Page 3 of 8 IN WITNESS WHEREOF, the undersigned have executed this document this jt"" day of nn , 2020. Witness: By: Print Name: ✓ ur° .7 .-RI Title: ' ° ?I g .,„,44c Date: Nov1.4,1r Witness: C4 Barcelona 2, LLC, a Florida Limited Liability Company By Carrfour Supportive Housing Inc., a Florida nonprofit corporation, its sole member. By: tephan a Berman, President ate: 11 \ Z 2J By: C " ^. - Print Name: C�� OLD' 1 Ot 7'a I 5 Title: kcatn Qr1fQbP Date: 11 \i2 12,0 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING INSTRUMENT was acknoiledged before me by means of physical presence or D online notarization, on this day of Mt)9.M3el•_- , 2020 by STEPHANIE BERMAN as PRESIDENT of Carrfour Supportive Housing Inc., a Florida nonprofit corporation, sole member of C4 BARCELONA 2 LLC, a Florida limited liability company, who is personally known to me or who produced a as identification. My Commission Expires:7 1)-)(24---- '11. ---_...01.. . _°,- tip-.. JAMES D. PETRONE `,\ Notary Public - State of Florida °; F` Commission # GG 972068 ''' `'ox....°.'. My Comm. Expires Jul 17, 2024 I� SmisBonded through National Notary Assn. Signature of Notary Public, State of Florida 44NA.CrSt cR-11102-C Printed Name of Notary Public Page 4 of 8 IN WITNESS WHEREOF, the undersigned have executed this document this 104-, day of Nh bec , 2020. Witness: By: Print Name: Plf.�•-rx61 Title: 1-304r;M .lor.#- Date: NovIM b1f ILi,o1l0 Witness: By: Print Name: as C4 Barcelona 3, LLC, a Florida Limited Liability Company By: Carrfour Supportive Housing Inc., a Florida non • rofit corporation, its sole member. By: St= •hanie Berman, President Dat- 17iI Z� �► boaIe3 Title: F-�it:A0,l' 1'l (A(th �J� Date: II I1J'2_02Z) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING INSTRUMENT was acknowledged bef re me by means of t' physical presence or 0 online notarization, on this 12- day of J iJFnq( aN. , 2020 by STEPHANIE BERMAN as PRESIDENT of Carrfour Supportive Housing Inc., a Florida nonprofit_ corporation, sole member of C4 BARCELONA 3 LLC, a Florida limited liability company, who is personally known to me or who produced a as Identification. My Commission Expires: ° ►i:4 ik. JAMES D. PETRONE ��; 'r• Notary Public • State of Florida �? Commission # GG 972068 1 or ry4,/ My Comm. Expires Jul 17, 2024 Bonded through National Notary Assn. • w_•o Signs ure of Notary Public, State of Florida Printed Name of Notary Public Page 5 of 8 Legal Description of The Property Address: Barcelona Condominium 2217 NW 7th Street Miami, Florida 33125 Units: 506, 508, 606, 906, 908, 1006, 1008, 1106, 1108, 1206, 1208, 502, 503, 507, 703, 707, 802, 809 Unit 506 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami - Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 508 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami - Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 606 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami - Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 906 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami - Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 908 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami - Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 1006 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami - Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 1008 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Page .6 of 8 Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 1106 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 1108 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 1206 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 1208 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 502 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 503 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 507 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 703 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Page 7 of.8 Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 707 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 802 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Unit 809 in BARCELONA CONDOMINIUM, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 26448, at Page 1382, of the Public Records of Miami — Dade County, Florida, and any amendments thereto, together with an undivided share in the common elements. Page 8 of 8