Loading...
HomeMy WebLinkAbout26147AGREEMENT INFORMATION AGREEMENT NUMBER 26147 NAME/TYPE OF AGREEMENT LITTLE HAITI GATEWAY, INC. DESCRIPTION DECLARATION OF RESTRICTIVE COVENANTS/AFFORDABLE HOUSING (MULTI-FAMILY)/MATTER ID: 26-1167/#75 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 5/22/2026 DATE RECEIVED FROM ISSUING DEPT. 6/1/2026 NOTE c CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Housing and Community Development aU2ILn 4 a (/7 DEPT. CONTACT PERSON: Maria T. Ason NAME OF CONTRACTUAL PARTY/ENTITY: Little Haiti Gateway, Inc. IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICE AGREEMENT 0 GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT 0 LICENSE AGREEMENT GOTHER (PLEASE SPECIFY): Joinder by Mortgagee EXT. 1971 YES NO FUNDING INVOLVED? YES L NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PU)M (DETAILED SUMMARY/ ADD ADDITONAL PAGES IF NECESSARY): execute joinder in connection with the Miam f#�ordab e/Weriffefee Housing Covenant related to certain impact fees The City of Miami is a lender of the Little Haiti Gateway project. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT No.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: City is a lender to this entity ROUTING INFORMATION DATE PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENT DIRECTOR/ DESIGNEE PRINT: VICTOR TURNER / JOHN QUADE SIGNATURE: �.6aa.� APPROVAL BY RISK MANAGEMENT . N/A PRINT: DAVID RUIZ JD CPCU SIGNATURE: APPROVAL BY CITY ATTORNEY *VS- \ N -�6 Sid/76 PRINT: G RGE K. WYSONG III SIGNATURE: APPROVAL BY A.CITY MANAGER h l q PRINT: ERICA P SCHAL DA LING SIGNATURE: WA) APPROVAL BY DEPUTY CITY MANAGER '5/20/2 PRINT: NATASHA COLE /ROOK-WILLIAMS L/!'1/(p SIGNATURE: c.-r�JN APPROVAL BY CITY MANAGER PRINT: JAMES REYES SIGNATURE: APPROVAL BY CITY CLERK PRINT: TODD B. HANNON SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 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 No. 01-3218-014-0010 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 April, 2026, by LITTLE HAITI GATEWAY, INC., a Florida non-profit corporation ("Owner") having an address at 1398 SW lst Street, Miami, Florida 33135, 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 Number: 01-3218-014-0010, 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 forty percent (40%) of the Dwelling Units as Affordable Housing serving residents at or below sixty percent (60%) of Area Median Income ("AMI"); and WHEREAS, the proposed Development shall contain seventy-five (75) Dwelling Units set aside for Affordable Housing, as described herein ("Units"); and WHEREAS, Owner has applied to City for the deferral of three hundred fifty-two thousand, six hundred fifty dollars ($352,650.00) in developmental impact fees (hereafter "impact fee[s]") otherwise applicable to these Units, pursuant to the requirements for deferral of MIADOCS 31467095 1 04/07/26 3:42PM Folio No.: 01-3218-014-0010 impact fees for Affordable 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 is that Owner must reasonably ensure that the Project is reserved for "Affordable 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 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 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 impact fee deferral agreement under Section 13-8 of the City Code. 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: 2 M1ADOCS 31467095 I 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 Owner hereby agrees that three hundred fifty-two thousand, six hundred fifty dollars ($352,650.00) in impact and/or administrative fees (the "Deferred Impact Fees") have been deferred for the construction of seventy-five (75) units of Affordable Housing. 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, as defined herein and pursuant to the provisions of Chapter 13 of the City Code. The Project shall provide a minimum of forty percent (40%) 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 Department of Housing and Urban Development on an annual basis; and The Project shall contain seventy-five (75) Dwelling Units with seventy-five (75) Dwelling Units set aside for Affordable Housing, as defined herein and consistent with Section 13-5 of the City Code, as applicable and as amended; and Prior to converting any of the Affordable 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 homeownership units specified in this Declaration. Each Individual Covenant must (i) specify the applicable AMI for any purchaser during the term of the Individual Covenant and (ii) expire on the same date as the Covenant for Affordable Workforce Housing; and In the event that any of the Affordable 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 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 3 MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 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. 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 4 MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 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 3.15.1 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 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. 5 MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 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: Office of the City Attorney City of Miami 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 -6 MIADOCS 31467095 1 04/07/26 3:42PM OWNER Little Haiti Gateway, Inc. 1398 SW 1st Street 12th Floor Miami, Florida 33135 Attention: Stephanie Berman With a copies to: David J. Coviello Shutts & Bowen LLP 200 S. Biscayne Boulevard Suite 4100 Miami, Florida 33131 Rev. 7/2020 Folio No.: 01-3218-014-0010 Randy M. Alligood Nelson Mullins Riley Scarborough LLP 390 N. Orange Avenue, Suite 1400 Orlando, Florida 32801 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. SIGNATURE PAGES TO FOLLOW 7 MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 Signed, witnessed, executed and acknowledged this Witnesses: Print NameSE7 4 -EiSEN 2 `7re lei aAddress: I Ll 21 PI E 4c4.6 S-4. foi4 tova • ' IvLe- Print ame: SIN F(LSE.-fZ Address:1S 8 SW I s� STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE) day of April, 2026. Little Haiti Gateway, Inc., a Florida non-pr; t corporation By: Na e:_Stephanie Berman Ti e: President acknowledged before me by means of )( physical presence OR online notarization, this C4 ttfiay of April, 2026, by Steph e Berman, as President of Littl ,Haiti Gateway, Inc., a Florida non-profit corporation. Pers ally known to me or produced L O . L , as identification. The foregoing instrument was Notary Public State of Florida 161 Levana Markhoff My Commission HH 652286 Expires 4/3/2029 illl'ii" MEAADOCS 31467095 1 04/07/26 3:42PM -8- (Prin or Stame: _..e, O Notary Public, State of Florida Commission No.: Oki C(""7..—Z- -6i My Commission Expires: L1 )) 62_ � Rev. 7/2020 Folio No.: 01-3218-014-0010 ATTESTED: Todd B. Hannon City Clerk STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) CITY OF MIAMI, a municipal corporation of the State of Florida By: James Reyes City Manager The foregoing instrument was acknowledged before me by means of physical presence OR online notarization this day of April, 2026, by James Reyes, as City Manager of the City of Miami, Florida, a municipal corporation of the State of Florida. He/She is [ ] personally known to me or has produced as identification. My Commission Expires: -9- MIADOCS 31467095 1 04/07/26 3:42PM Notary Public, State of Florida Print or Stamp Name Commission No.: Rev. 7/2020 Folio No.: 01-3218-014-0010 Approved: Approved: Victor Turner Housing and Community Development Director Tamara Allen Frost Zoning Administrator Approved as to legal form and correctness: Approved: George Wysong, Esq. David Snow City Attorney Director of Planning -10- MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 EXHIBIT "A" LEGAL DESCRIPTION -11- MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 SOf'2708'E 140.50' CO ec v c ri o I O Q o Lu SKETCH TO ACCOMPANY LEGAL DESCRIPTION TRACT N "REID ACRES" (P.B. 50, PG. 84) P.O.B. N.W. CORNER OF TRACT 1 NOT SUBDIVIDED NOT -A -PART 240.00' 230.00' 25.00' 10' 35.001 O O 35.00 10 25.00' �-- I 250.00' nV40.00 S.W. CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST l NORTH LINE OF TRACT 1 N88'51'42 E 194,01' SOUTH LINE OF ///TRACT 1 // N.E. 62nd STREET',1 S88'51 '42 "W SCALE 1 "=50' LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE 1, DENOTES CENTERLINE DENOTES SUBJECT PARCEL P.O.B. DENOTES POINT OF BEGINNING THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED 8Y MARK STEVEN JOHNSON, P.S.M/4 t ET-,.1 OF 2 SHEETS aj & '� �,''• '� `-- REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE YvA-iAIRAM/ R; PC 33025 PHONE No.(954)435-7010 ORDER NO. 213215-A DATE: FEBRUARY 26, 2021 FAX No. (954)438-3288; PREPARfp UNDER My€i�.VIS`ION (`�A T-� THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON. IP.R7lgCIl3Ai..;,;;,.'.••'' K:\18542\1OY`E P % \SEA 18 pAr/o`k\P ).S.dwg. 4/g65 gba;le DrtpffIEYQR No.,,4.775.� ,�•�^ K:\?85342`JOYCE PROPERTIES\SKETCH AND LEGALS\PARCELS.DWG LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION.: 1 A PORTION OF TRACT 1, 'JOYCE PROPERTIES SUBDIVISION'; ACCORDING' TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID TRACT 1; THENCE RUN ALONG THE NORTH LINE OF SAID TRACT 1, NORTH 88'51'42" EAST FOR A DISTANCE OF 194.01 FEET; THENCE SOUTH 01'08'18' EAST FOR A DISTANCE OF 192.00 FEET; THENCE RUN ALONG THE SOUTH LINE OF SAID TRACT 1, ALSO BEING A LINE PARALLEL WITH AND 25.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF N. E 62ND STREET AS SHOWN ON SAID PLAT OF "JOYCE PROPERTIES SUBDIVISION'; SOUTH 88'51 '42 " WEST FOR A DISTANCE OF 192.96 FEET TO A POINT; THENCE RUN ALONG THE WEST LINE OF SAID TRACT 1 NORTH 01'27'08" WEST FOR A DISTANCE OF 192.00 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA. 1) AREA OF THE PROPERTY DESCRIBED HEREON IS 37,149± SQ FT (0.853± ACRES). 2) THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF S88'S1'42'W ALONG THE NORTH RIGHT-OF-WAY LINE OF N.E. 62nd STREET BETWEEN N.E. 2nd AVENUE AND N.E. 3rd AVENUE. 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 4) THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 5) ORDERED BY: CARRFOUR. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK 5T4YEN JOHNSON. P.SM.,_.'4%73 _ - =- ;;;" S "Et::. 2 OF 2 SHEETS S hwee— S'GG+GC�ZGt2 & , _/t2G.. 1 . %' REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE .WgT-MIRAMAR; FL 33025 ` __ PHONE No.(954)435-7010 FAX No. (954)438-3288;r; I x ORDER NO. 213215-A PREPAR UND R MY Ex?LI$ION. DA TE: FEBRUARY 26, 2021 � � [1//C1�h>S , • •- THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON,'P,,G!✓�Ri.":,',,.. '` 42VOYCE P �, f 0.6" B �A� gsrP lS.dwg, 4/ 1 'a5 .4.Svb e�eDf. $ s'EYDR No..4.z K.1185342;JOY £ PROPERTIESISCETCH AND LEGALSIPARCELS.DWG Folio No.: 01-3218-014-0010 JOINDER BY MORTGAGEE (FLORIDA COMMUNITY LOAN FUND, INC.) The undersigned Florida Community Loan Fund, Inc., a Florida not for profit corporation and Mortgagee under the following loan documents by virtue of that certain Assignment of Loan Documents recorded November 15, 2013, in Official Records Book 28912, Page 4910 of the Public Records of Miami -Dade County, together with that certain Assignment of Rents and Leases recorded November 15, 2013 in Official Records Book 28912, Page 4926 of the Public Records of Miami -Dade County from Wachovia Bank, a national association: (i) Mortgage and Absolute Assignment of Leases in favor of Wachovia Bank, National Association, recorded May 7, 2002 in Official Records Book 20378, Page 4525 of the Public Records of Miami -Dade County; (ii) Amended and Restated Mortgage and Security Agreement recorded November 15, 2013 in Official Records Book 28912, Page 4913 of the Public Records of Miami -Dade County; (iii) Notice of Limitation of Future Advances, recorded July 25, 2002 in Official Records Book 20551, Page 1949 of the Public Records of Miami -Dade County; and (iv) Affirmation Agreement recorded November 15, 2013 in Official Records Book 28912, Page 4981 of the Public Records of Miami -Dade County, covering the property described in the foregoing Declaration, does hereby acknowledge that the terms of this Declaration are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of April, 2026. Signature pages to follow - 12 - MIADOCS 31467095 1 04/07;26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 Witnesses: Florida Community Loan Fund, Inc., a Florida not for profit corporation Print Name: By: Address: Print Name: Title: Print Name: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of April, 2026 by , as of Florida Community Loan Fund, Inc., a Florida not for profit corporation, on behalf of said corporation, who 0 is personally known to me or 0 has produced as identification. - 13 - MIADOCS 31467095 1 04/07/26 3:42PM Notary public, State of Florida Name: My commission expires: Serial No.: Rev. 7/2020 Folio No.: 01-3218-014-0010 JOINDER BY MORTGAGEE (FLORIDA HOUSING FINANCE CORPORATION) The undersigned Florida Housing Finance Corporation, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida and Mortgagee under the following loan documents: (i) Mortgage and Security Agreement recorded May 30, 2002 in Official Records Book 20429, Page 1995 of the Public Records of Miami -Dade County; (ii) Assignment of Leases, Rents and Contract Rights in favor of Florida Housing Finance Corporation, recorded May 30, 2002 in Official Records Book 20429, Page 2021 of the Public Records of Miami -Dade County; (iii) First Global Modification and Amendment to Florida Housing Finance Corporation (Sail Mortgage and Loan Documents) between Little Haiti Gateway Inc. (The Borrower) and Seltzer Management Group, Inc. (the Servicer) and Florida Housing Finance Corporation (Florida Housing) recorded November 15, 2013 in Official Records Book 28912, Page 4935 of the Public Records of Miami -Dade County; (iv) Second Global Modification and Amendment to Florida Housing Finance Corporation (Sail Mortgage and Loan Documents) recorded in Official Records Book 28912, Page 4945 of the Public Records of Miami -Dade County; (v) Subordination Agreement recorded November 15, 2013 in Official Records Book 28912, Page 4962 of the Public Records of Miami -Dade County; and (vi) Affirmation Agreement recorded November 15, 2013 in Official Records Book 28912, Page 4981 of the Public Records of Miami -Dade County, covering the property described in the foregoing Declaration, does hereby acknowledge that the terms of this Declaration are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of April, 2026. Signature pages to follow -14- MIADOCS 31467095 1 04/07/26 3:42PM Rev. 7/2020 Folio No.: 01-3218-014-0010 Witnesses: Florida Housing Finance Corporation, a public corporation and a public body corporate and politic duly created and existing under the laws of Print Name: the State of Florida Address: Print Name: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Print Name: Title: Sworn to (or affirmed) and subscribed before me by means of 0 physical presence or 0 online notarization, this day of April, 2026 by , as of Florida Housing Finance Corporation, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida, on behalf of said corporation, who 0 is personally known to me or 0 has produced as identification. - 15 - M1ADOCS 31467095 1 04/07/26 3:42PM Notary public, State of Florida Name: My commission expires: Serial No.: Rev. 7/2020 Folio No.: 01-3218-014-0010 JOINDER BY MORTGAGEE (CITY OF MIAMI) The undersigned, the City of Miami, a municipal corporation and Mortgagee under that certain Mortgage and Security Agreement recorded May 20, 2011 in Official Records Book 27695, Page 3561 of the Public Records of Miami -Dade County, re -recorded in Rental Regulatory Agreement recorded May 20, 2011 in Official Records Book 27695, Page 3582 of the Public Records of Miami -Dade County, covering the property described in the foregoing Declaration, does hereby acknowledge that the terms of this Declaration are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of April, 2026. ATTESTED: odd B. Ha City Clerk - 16 - M1ADOCS 31467095 1 04/07/26 3:42PM City of Miami, a municipal corporation By: �i. James Re�� City Ma Approved as to form and legal sufficiency: By: George . Wysong City Attorney 2-co t Rev. 7/2020 Folio No.: 01-3218-014-0010 STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence OR online notarization this 6)0 day of April, 2026, by James Reyes, as City Manager of the City of 'ami, Florida, a municipal corporation of the State of Florida. He/She is [ personally known to me or has produced as identification. My Commission Expires: SANDRA GILBERT MY COMMISSION # NH 623478 EXPIRES: April 20, 2029 MIADOCS 31467095 1 04/07/26 3:42PM -17- to Publi -41 Print or Stamp ame Commission No.: Serial No.: Rev. 7/2020 %au u_o