HomeMy Public PortalAbout22-058 - Release and Termination of Covenant for 2171 Lincoln AveSponsored by: Interim City Manager
RESOLUTION NO. 22-058
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE A RELEASE AND TERMINATION OF
COVENANT, AS FORTH IN EXHIBIT "A" HERETO, TO ALLOW
FOR PROPERTY KNOWN AND LOCATED AT 2171 LINCOLN
AVENUE, OPA-LOCKA, FLORIDA TO REVERT OWNERSHIP
BACK TO MIAMI-DADE COUNTY AND TO FURTHER
AUTHORIZE THE INTERIM CITY MANAGER TO TAKE ALL
OTHER NECESSARY ACTIONS TO EFFECTUATE THE INTENT
OF THIS RESOLUTION; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 7, 2001, Miami -Dade County ("County") conveyed
property known and located at 2171 Lincoln Avenue, Opa-Locka FL and more
specifically described in Exhibit "A" to be deeded to City of Opa-Locka ("City") for the
development of affordable housing with Miami -Dade County having the right to take
possession of the property if development failed to occur; and
WHEREAS, on April 18, 2013, the City, with County approval, conveyed 2171
Lincoln Avenue to Magnolia North 2145 Apartments, LLC with the provision that this
property would be developed within three years as a portion of an apartment complex,
with the remainder of the development occurring on adjacent property already owned
by Magnolia North 2145 Apartments, LLC.; and
WHEREAS, the required development never occurred and the County has chosen
to exercise its right to reclaim possession of the property known as 2171 Lincoln Avenue,
within the City; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to execute a Release and Termination of Covenant, attached hereto as Exhibit
"A", to allow for the reversion of 2171 Lincoln Avenue, within the City, back to the
County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Resolution No. 22-058
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the Interim City
Manager to execute a Release and Termination of Covenant, attached hereto as Exhibit
"A", to allow for the reversion of the property set forth in Exhibit "A" and known as the
2171 Lincoln Avenue, Opa-Locka FL, within the City, to revert back to Miami -Dade
County. The City Commission further authorizes the Interim City Manager to take all
other necessary actions to effectuate the intent of this resolution.
Section 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager following review by the City Attorney and without need of public hearing, by
filing a corrected copy of same with the City.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 14th day of November, 2022.
ATTEST:
anna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnildette Norris -Weeks, P.A.
City Attorney
Veronica Williams, NTayor
2
Resolution No. 22-058
Moved by: Commissioner Bass
Seconded by: Commissioner Davis
VOTE: 4-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice -Mayor Taylor ABSENT
Mayor Williams YES
3
City of Opa-locka
Agenda Cover Memo
Department
Manager:
Bob Anathan
Department
Manager
Signature:
e?.- kAs_sz.s............
Other
City Manager:
Darvin Williams
CM Signature:
Ordinance
Commission
Meeting Date:
11/09/2022
Item Type:
(EnterX in box)
Resolution
X
Fiscal Impact:
(EnterXinbox)
Yes
No
Ordinance Reading.
(EnterXinbox)
1st Reading
2nd Reading
X
Public Hearing:
(Enter Xin box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept.)
Ex:
Advertising Requirement:
(EnterXinbox)
Yes
No
X
Contract/P.O.
Required:
(EnterXinbox)
Yes
No
RFP/RFQ/Bid#:
N/A
X
Strategic Plan
Related
(Enter Xin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
m
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
m
•
•
•
II
Sponsor
Name Management
City Manager
Department:
Capital Improvements Program
Short Title:
Release and Termination of Covenant For 2171 Lincoln Avenue, Opa-locka, Florida
Staff Summary:
Issue / Recommendation: In 2013, the City conveyed City -owned property previously owned by
the County , 2171 Lincoln Avenue, to Magnolia North 2145 Apartments LLC with a development
agreement that the property would be developed within three years or revert to the County, with the
required development subsequently not occurring. Staff recommends the City Commission approve
legislation to release and terminate the covenant to cause ownership of 2171 Lincoln Avenue to
revert back to the County.
History - On September 7, 2001 the County conveyed 2171 Lincoln Avenue to the City with
provision that the property be developed with one or more affordable homes, and that the County
had the right to take possession of the property if this development failed to occur.
On April 18, 2013, the City, with County approval, conveyed 2171 Lincoln Avenue to Magnolia North
2145 Apartments, LLC with the provision that this property be developed within three years as a
portion of an apartment complex, with the remainder of the development occurring on adjacent
property already owned by Magnolia North 2145 Apartments, LLC.
Current Activity - The required development never occurred and the County has chosen to exercise
its right to reclaim possession of 2171 Lincoln Avenue.
Financial Impact - There is no immediate financial impact. This property is within the CRA area.
When it is subsequently developed, the benefit of the improved tax base will accrue to the CRA while
the City will receive additional income from water, sewer, stormwater and other City services.
Proposed Action
Staff recommends the City Commission approve legislation to release and terminate the relevant
covenant to cause ownership of 2171 Lincoln Avenue to revert to the County.
Attachment:
1. Release and Termination of Covenant
2. Deed of September 7, 2001 Conveying 2171 Lincoln Avenue to the City
3. Quit Claim Deed of April 18, 2013 Conveying 2171 Lincoln Avenue to Magnolia North 2145
Apartments, LLC
4. Development Agreement For 2171 Lincoln Avenue Between the City and Magnolia North
2145 Apartments, LLC
This instrument prepared by / return to:
John G. Sanchez
National Title and Abstract Company
711 NW 23rd Avenue
Miami, FL 33125
Space above this Line Reserved for Recording Data
RELEASE AND TERMINATION OF COVENANT
THIS RELEASE AND TERMINATION OF COVENANT ("Release") is made and effective
as of , 2022, by and between the MIAMI-DADE COUNTY, FLORIDA
("COUNTY"), a political subdivision of the State of Florida, CITY OF OPA-LOCKA, a municipal
corporation of the State of Florida ("OPA-LOCKA"); and MAGNOLIA NORTH 2145
APARTMENTS LLC, a Florida limited liability company ("MAGNOLIA").
WITNESSETH
WHEREAS the MAGNOLIA holds fee simple title to that certain "Real Property" located
and situate in Miami -Dade County, Florida, more fully described as follows:
Lots 14, 15 and 16, Block 3 of MAGNOLIA SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 40, Page 80, of the Public Records of
MIAMI-DADE County, Florida; and
Also known as: Parcel 2 - PA: 2171 Lincoln Avenue, Opa-Locka, Florida 33054
WHEREAS the COUNTY and OPA LOCKA are collectively the subsequent "Covenant
Owners" as referenced in certain "Subject a Covenant(s) Running with the Land and setting forth
the right of re-entry" ("Covenant'), reflected on County Deed dated the 7th day of September 2001;
and recorded among the Public Records of Miami -Dade County, Florida under Official Records
Book 21103, Page 4499 ("County Deed").
WHEREAS said 4499 -County Deed also gives OPA-LOCKA (as Developer) an option to
use of open space on said Real Property, reflected on County Deed dated the 7th day of September
2001; and recorded among the Public Records of Miami -Dade County, Florida under Official
Records Book 21103, Page 4499 ("County Deed").
WHEREAS in accordance with the Quit Claim Deed dated April 18, 2013; and recorded
among the Public Records of Miami -Dade County, Florida under Official Records Book 28681,
Page 4713 ("Quit Claim Deed"), OPA-LOCKA does hereby acknowledge full satisfaction to and
releases MAGNOLIA of any and all deed restrictions listed in said Quit Claim Deed; furthermore,
the COUNTY shall have the right to re-enter, take possession and be revested title to the Real
Property reflected in said Quit Claim Deed.
WHEREAS the Development Agreement by and between MAGNOLIA and OPA-LOCKA
dated the 18th day of April 2013; and recorded among the Public Records of Miami -Dade County,
Florida under Official Records Book 28604, Page 4581 ("Development Agreement"), is hereby
terminated and of no further force and effect.
Page 1 of 1
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
for Ten and 00/100 Dollars ($10.00) and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the COUNTY, MAGNOLIA and OPA LOCKA,
through their respective authorized officers hereby agree as follows:
1. RECITALS. Covenant Holder(s), agree that the foregoing recitals are true and correct
and are incorporated herein as if fully stated.
2. RELEASE AND CONSENT TO TERMINATION. Covenant Holders do hereby release to the
COUNTY collectively, jointly, and severally, as current Owner of the Real Property, all the right,
title, interest, claim and demand which the Covenant Holder has or may have in and to terms,
provisions, rights and obligations conveyed by the Covenant, and Covenant Holder hereby agrees
to and joins in termination of the Covenant.
3. CANCELLATION OF THE COVENANT. Both MAGNOLIA and OPA-LOCKA,
collectively as current Covenant Owner(s) do hereby jointly and severally cancel, terminate, and
release the Covenant, and the Covenant shall have no further force or effect as of the date hereof.
IN WITNESS WHEREOF MIAMI-DADE COUNTY, FLORIDA ("COUNTY") and CITY
OF OPA-LOCKA, a political subdivision of the State of Florida ("OPA-LOCKA"); MAGNOLIA
NORTH 2145 APARTMENTS LLC, a Florida limited liability company ("MAGNOLIA") have
executed or caused this RELEASE AND TERMINATION OF ALL COVENANT(S) to be
executed as of the day and year first above written.
[SIGNATURE PAGES APPEAR ON FOLLOWING THREE PAGES
THIS SPACE INTENTIONALLY LEFT BLANK]
RELEASE AND TERMINATION OF COVENANT
CITY OF OPA-LOCKA,
a municipal corporation of the State of
Florida
By:
Darvin Williams, Manager
City of Opa Locka
Dated:
ATTEST:
By:
[SIGNATURE PAGE 1 of 3 APPEAR ON FOLLOWING PAGE
THIS SPACE INTENTIONALLY LEFT BLANK]
RELEASE AND TERMINATION OF COVENANT
MIAMI-DADE COUNTY,
a political subdivision of the State of Florida
By:
Name: Morris Copeland
Title: Chief Community Services Officer
Date:
ATTEST:
HARVEY RUVIN,
CLERK OF SAID BOARD
By:
Deputy Clerk
Approved by County Attorney
as to form and legal sufficiency
Terrence A. Smith
Assistant County Attorney
[SIGNATURE PAGE 2 of 3 APPEAR ON FOLLOWING PAGE
THIS SPACE INTENTIONALLY LEFT BLANK]
RELEASE AND TERMINATION OF COVENANT
MAGNOLIA NORTH 2145
APARTMENTS LLC,
a Florida limited liability company
By: Opa-Locka Community Development
Corporation, Inc., a Florida non-profit
corporation, its manager
By:
Willie Logan, President
Date:
Witness:
(print name)
Witness:
(print name)
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 ,_2022, by ,
as of MAGNOLIA NORTH 2145 APARTMENTS LLC, a Florida limited liability
company. He/She is personally known to me or has produced as
identification.
Print Name:
Notary Public, State of Florida
[Affix Notary Seal] My Commission Expires on:
[SIGNATURE PAGE 3 of 3 APPEARS ON THIS PAGE ONLY
THIS SPACE INTENTIONALLY LEFT BLANK]
11/1/22, 11:29 AM
PDF.js viewer
03R 18 1 143 2003 MAR 17 15:42
COUNTY DEED
THIS DEED, made this 7 day of September, 2001, by Miami -Dade County,
Florida, a political subdivision of the State of Florida, called: County" and the City of
Opa-Locka, a political subdivision of the State of Florida, hereinafter called "Developer."
WITNESS: That the County for and in consideration of the sum of TEN Dollars
($10.00), to it in hand paid by the Developer, receipt of which is hereby acknowledged
has granted, bargained and sold to the Developer, its heirs and its assigns, subject to the
right of re-entry set forward below, the land lying and being in Miami -Dade County,
Florida:
See Exhibit "A" Legal Description Attached Hereto
This Deed conveys only the interests of Miami -Dade County and its Board of County
Commissioners in the property described herein, and shall not warrant title thereto:
I. This Conveyance is made subject to the flowing covenants running with the
Land, and setting forth the right of re-entry, to wit;
A. Developer will commence work on the Project Improvements (the
"Improvements") consisting of one (1), possibly two (2) affordable single-
family homes not later than October 1, 2003, and shall complete the
Improvements by April 1, 2005, one of the three (3) lots (Folio #08-2122-
003-0170 may be used for open space, at the option of the City of Opa-
Locka.
https://onlineservices.rniami-dadeclerk.c,om/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYADfelikplta%2fJwum9frLHS1pWJUhdfs329QbC... 1/11
11/1/22, 11:29 AM
PDF.js viewer
ftiQ.s.
Fi 103PG4500
B. Promptly after completion of the Improvements in accordance with
approved plans and provisions of this Instrument, the County shall
furnish the Developer a certificate that it has met its obligations
hereunder. Such certification shall be in a form recordable in the
Office of the Clerk of the Circuit Court of Miami -Dade County, Florida.
C. The Developer agrees for itself, its successors and assigns, to or of the
Property or any part hereof, that the Developer and such successors or
Assigns shall:
Not discriminate upon the basis of race, color, religion, sex or
national original in the sale, lease or rental or in the use of
occupancy of the property or any Improvements erected or to
be erected hereon or on any part thereof; and this covenant
shall be binding to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceable by the
County, its successors and assigns, and any successor in
interest to the property, or any part thereof. The County shall
have the right in the event of any breach of any such covenants.
to exercise all the rights and remedies; and to maintain any
actions or suits at law or in equity or other proper proceedings
to enforce the curing of such breach of covenant, to which it or
any other beneficiaries of such covenant may be entitled.
I
https://onlineservices.miami-dadeclerk.com/offiaalrecords/CFNDetailsPDF.aspx?QS=5p8%2fNINKYADfeUkplta%2fJwum9frLHSIpWJUhdfs329QbC... 2/11
11/1/22, 11:29 AAA
PDF.js viewer
•
IMMO.
2! 103PGI50 I
D. The Developer (or Successor in Interest), shall pay the real estate taxes or
assessments on the property or any part thereof when due. Developer
shall not suffer any levy or attachment to be made, or any material or
mechanic's lien, or any unauthorized encumbrance or hen to attach,
except:
a) Any mortgage(s) in favor of any institutional lender for the
purpose of financing any hard costs or sofi costs relating to the
construction of the improvements in an amounts) not to exceed
the value of the Improvements as determined by an appraiser; and
b) Any mortgage(s) in favor of any institutional lender refinancing
any mortgage of the character described in clause (a) hereof; in an
amount(s) not to exceed the value of the Improvements as
determined by an appraiser.
c) The recordation, together with any mortgage purporting to meet
the requirements of clauses (2) or (b) above, ofa statement of
value by a Member of American Institute of Real Estate
Appraisers ("MAI"), (or member of any similar or successor
Organization), stating the value of the Improvements is equal to
Or greater than the amount of such mortgage(s), shall constitute
Conclusive evidence that such mortgage meets such requirements,
And that the right of any re-entry hereunder shall be subject to
And limited by, and shall not defeat, render invalid, or limit in any
Way, the lien of such mortgage. For purposes of this paragraph an
hops://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8MINIBjKYADfeUkplte/Daiwum9frLHSIpWJUhdfs329QbC... 3/11
11/1/22, 11:29 AM
PDF.js viewer
21103PG4502
"institutional lender" shall mean any bank, savings and loan
association, insurance company, foundation or charitable
entity, real estate or mortgage investment trust, pension funds,
the Federal National Mortgage Association, agency of the United
States Government or other governmental agency. in any event,
The terms "institutional Lender" shall be deemed to include
Miami -Dade County and their respective successors and assigns.
E. Developer shall not transfer the property or any part thereof, without
consent of the County and shall no change the ownership or distribution
of the stock of the Developer or with respect to the identity of the parties
in control of the Developer or the degree thereof.
In the event the Developer shall violate or otherwise fail to comply with any of the covenants
set forth herein, the Developer shall correct or cure the default/violation within thirty (30)
days of notification of the default by the County. if Developer fails to remedy the default
within thirty(30) days, the County shall have the right to re-enter and take possession of the
property and to terminate (and revert in the County), the'estate conveyed by this Deed to the
Developer; provided, that any such right of re-entry shall always be subjected to and limited
by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage or
Deed or Trust permitted by this Deed.
https://on lineservices. miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYADfeUkplta%2fJwum9frLHSIpWJUhdfs329QbC... 4/11
11/1/22. 11:29 AM
PDF.Is viewer
.t.; •r•
•
2!' 103PG4503
WITNESS WHEREOF, the said County has caused these presents to be executed in
its name by its Board of County Commissioners acting by the Chairperson of said Board, the
day and year aforesaid.
Miami -Dade County, Florida
By its Board of County Commissioners
By: 0,..9',- em`1 J'
Mayor
4)e gaijelef PMe &S
Printed Signature of Mayor
Stephen P. Clark Center
111 N.W. I5t Street, Suite 230
Miami, Florida 33128
ATTEST: , .�.
Harvey Ruvin, Clerk of Circuit Court , 4.t,n
:).
4 F- �*I
By: � 71/ - ��
By:
Dep ty lerk Signature
24,3, A-ciOJO
Deputy Clerk Printed Signature
Stephen P. Clark Center
111 N.W. 1s1 Street, Suite 210
Miami, Florida 33128
Prepared by: Daniel O. Borges
Miami -Dade Office of Community and
Economic Development
140 West Flagler Street, Suite 1100
Miami, Florida 33130
https://onlineservicesniami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYADfeUkplta%2fJwum9frLHSIpWJUhdfs329QbC... 5/11
11/1/22, 11:29 AM PDF,Is viewer
VASIL
2'I t 03PG45O4
ACKNOWLEDGMENT OF TRUSTEE,
ADMINISTRATOR, EXECUTOR
GUARDIAN OR ANY PERSON ACTING
IN A REPRESENTATIVE CAPATICY
STATE OF FLORIDA:
COUNTY OF MIAMI DADE:
The foregoing instrument was acknowledged before me this ?- J by
/. a 4
M 4 /o
who is personally known to me or
who has produced , as identification and who did
(did not) take an oath.
Signature of Person Taking Acknowledgment
Name — Printed or Typed
Title or Rank
Serial Number
WITNESS, my hand and official seal, this 7 day of
KENNETH F. DUIDSTRAND
MY COMMiSS10N 1 CC 817373
EXPIRES: January 18, 2004
8a,ora nw homy Put& unowetri
My Commission expires
/1
, A.D., 2001.
tary Public, State r''"'nda at Large
KENNETH F. GULDSTRAND
Printed Signature of Notary
-o/
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx7QS=5p8%2fNIBjKYADfeUkplta%2fJwum9frLHSIpWJUhdfs329QbC... 6/11
11/1/22, 11:29 AM
PDFjs viewer
I .115.
21103PG4505
EXHIBIT "A
LEGAL DESCRIPTIONS
1) Folio No. 08-2122-003-0170 (Parcel No. ALI-17-01)
Lots 14 to 16, in Block 3, MAGNOLIA SUBDIVISION. as recorded in Plat
Book 40, on Page 80, Dade County, Florida (See attached map #ALI-17-01)
2) Folio No. 08-2122-003-1100 (Parcel No. 05-02-01A)
Lot 14, in Block 8, MAGNOLIA SUBDIVISION, as recorded in Plat Book
40, on Page 80, Dade County, Florida (See attached map #02-05-01A)
3) Folio No. 08-2122-003-1110 (Parcel No. 02-0S-OIB)
Lot 15, in Block 8, MAGNOLIA SUBDIVISION, as recorded in Plat Book
40, on Page 80, Dade County, Florida (See attached map #02-05-01B)
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYADfeUkplta%2fiwum9frLHSIPWJ Uhdfs329QbC... 7/11
11/1/22, 11:29 AM
PDF.js viewer
2i i D3PG4506
03/01/2001
* * *
Os
EXHIBIT "A"
ALI-17--41
PUBLIC VALUE INQUIRY * * *
FOLIO 08 2122 003 0170 PROP ADDR 2171 LINCOLN AVE
NAME AND LEGAL
DADE COUNTY YEAR
OFFICE OF COMMUNITY DEVELOPMENT LAND
140 W FLAGLER ST STE 1000 BLDG
MIAMI FL MARKET
331301561
MAGNOLIA SUB PB 40-80
LOTS 14 TO 16 INC BLK 3
LOT SIZE 86.870 X 96
OR 16838-1446 0695 3
ASSESS
HEX
WVD
TOT EX
TAXABLE
VALUE
1999
7179
39867
47046
HISTORY
2000
7179
39867
47046
PTXM0186
LINK:
MCD 0800
01/01/2001
47046 47046
47046 T 47046 T
STATE EXEMPT: COUNTY
SALE DATE 06/1995 SALE AMT
SALE TYPE 1 I/V I SALE 0/R
44100
16838-1446
PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREV OWNER PF8-MENU
PF13-OCCUP LIC
I?
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDEaspx?QS=5p8%2fNIBjKYADfeUkplta%2fJwum9frLHSIpWJUhdfs329QbC... 8/11
11/1/22, 11:29 AM
. 03PG4507
03/01/2001
4
3
* *
FOLIO 08 2122 003 1100
NAME AND. LEGAL
OCED
140 W FLAGLER ST STE 1100
MIAMI FL
PDF.js viewer
02-05-01A
PUBLIC VALUE INQUIRY
PROP ADDR
331301561
22 52 41
MAGNOLIA SUB P8 40-80
LOT 14 BLK 8
LOT SIZE 25.000 X 96
OR 11749-2376 0483 5
YEAR
LAND
BLDG
MARKET 2169 3677
* * *
PTXM0186
LINK:
MCD 0800
VALUE HISTORY
1999 2000 01/01/2001
2169 3677
ASSESS 2169 3677
HEX
WVD
TOT EX 2169 T
TAXABLE
STATE EXEMPT: COUNTY
3677 T
SALE DATE SALE AMT
SALE TYPE I/V SALE 0/R
PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREV OWNER PF8-MENU
PF13-OCCUP LTC
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetai lsPDF.aspx7QS=5p8%2fNIBjKYADfeUkplta%2fJwu m9frLHSIpWJU hdfs329QbC. -. 9/11
11/1/22, 11:29 AM
•
'21103PG4508
PDF.js viewer
OF o =JOY, ,
SEZCIg0 WRFC)
HARVEY RtMN
aatitmmalcomM
02-05-01 b
03/01/2001 * * * PUBLIC VALUE INQUIRY
FOLIO 08 2122 003 1110 PROP ADDR
NAME AND LEGAL
OCED
140 W FLAGLER ST STE 1100
MIAMI FL
22 52 41
MAGNOLIA SUB
LOT 15
LOT SIZE 25.000 X
OR 11749-2376 0483 5
331301561
PB 40-80
BLK 8
96
PF1—MORE LEGAL PF2—PARCEL INFO
YEAR
LAND
BLDG
MARKET
* * *
PTXM0186
LINK:
MCD 0800
VALUE HISTORY
1999 2000 01/01/2001
2169 3677
2169 3677
c CGm C=C=. 6C=cc®G============CC==Ccs c=
ASSESS 2169
HEX
WVD
TOT EX 2169 T
TAXABLE
STATE EXEMPT: COUNTY
SALE DATE
SALE TYPE
3677
3677 T
SALE AMT
I/V SALE 0/R
PF3—FOL SRCH PFS-TAX COLL PF7—PREV OWNER PH —MENU
PF13—OCCUP LIC
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIejKYADfeUkplta%2fJwum9frLHSIpWJUhdfs329QbC... 10/11
11/1/22, 11:35 AM PDF.js viewer
CFN: 20130480169 BOOK 28681 PAGE 4713
DATE:06/17/2013 02:32:15 PM
DEED DOC 0,60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
Return to: (enclose self-addressed stamped envelope)
Marla Neufeld, Esquire
Greenspoon Marder, P.A.
100 West Cypress Creek Road
Suite 700
Fort Lauderdale, FL 33309
This Instrument Prepared by:
Marla Neufeld, Esquire
Greenspoon Marder, P,A,
100 West Cypress Creek Road
Suite 700
Fort Lauderdale, FL 33309
Folio number: 08.2122-003-0170
SPACE ABOVE THIS LINE fOR PROrFSING DATA SPACE ABOVE TICS LINE FOR PROCESSING DATA
QUIT CLAIM DEED
THIS QUIT CLAIM DEED, made this 18 day of April, 2013 by CITY OF OPA-LOCKA, a Florida
Municipal Corporation, ("Party of the First Part"), whose address is: 780 Fisherman Street, Opa
Locka, Florida 33054, and Magnolia North 2145 Apartments, LLC, a Florida limited liability
company ("Party of the Second Part"), whose address is 490 Opa-Iocka Blvd., Suite 20, Opa-
locka, Florida 33054:
WITNESSETH:
That the said Party of the First Part, for and in consideration of the sum of Ten Dollars
and No/100 ($10.00) to it in hand paid by the Party of the Second Part, receipt whereof is
hereby acknowledged, has granted, bargained, and sold to the said Party of the Second Part, its
heirs and assigns forever, the following described land lying and being in Miami -Dade County,
Florida ("Property"):
Lots 14, 15 and 16, Block 3 of MAGNOLIA SUBDIVISION, according to the Plat thereof as
recorded in Plat Book 40, Page 80, of the Public Records of MIAMI-DADE County,
Florida.
THIS CONVEYANCE IS SUBJECT TO all zoning, rules, regulations and ordinances and
1
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbtkaEpgNfNgJa1J1 W7FgxUeVd... 1/5
11/1/22, 11:35 AM
PDF.js viewer
CFN: 20130480168 BOOK 28681 PAGE 4714
other prohibitions imposed by any governmental authority with jurisdiction over the Property;
existing public purpose utility and government easements and rights of way and other matters
of record; taxes for the year of closing and subsequent years and the following restrictions:
1. That the Property shall be developed in accordance with the "Development
Agreement" entered into by and between the Party of the First Part and the Party of the
Second Part on April 18, 2013
2. That the Property shall be so developed by the Party of the Second Part, within
three (3) years of the recording of this deed ("Completion Deadline"), as evidenced by
the issuance of a Certificate of Occupancy for the "Project" (as defined in the
Development Agreement") and the closing of all of the Project's building permits.. In
the event Party of the Second Part fails to meet the Completion Deadline , upon thirty
(30) days written notice to the Party of the Second Part as set out below, title shall
automatically vest in the name of Miami -Dade County, a political subdivision of the
State of Florida (hereinafter the "County") as a matter of law . Notwithstanding, the
County may, in its sole discretion, waive this condition if the County finds it necessary to
extend the time frame in which Party of the Second Part must complete the Project.
Such waiver by the County, to be effective must (1) be given to the Party of the Second
Part in writing prior to the Completion Deadline and (ii) shall be evidenced by the
preparation of a letter executed by the County Manger or designee, giving such waiver
and specifying the new time frame in which Party of the Second Part must complete the
Project. The letter by County shall be conclusive evidence upon which any party may
rely that the Completion Deadline has been properly extended to such date as specified
in said waiver. If no waiver is recorded, any party may rely upon the fact that title to the
Property has vested into the name of County .
Party of the Second Part (or Successor in Interest), shall pay real estate taxes and
assessments on the Property or any part thereof when due. Party of the Second Part shall not
suffer any levy or attachment to be made, or any material or mechanic's lien, or any
unauthorized encumbrance or lien to attach, provided, however, that Party of the Second Part
may encumber the property with:
a) Any mortgage(s) in favor of any institutional lender for the purpose of financing any
hard costs or soft costs relating to the construction of the Project; and
b) Any mortgage(s) in favor of any institutional lender refinancing any mortgage of
the character described in clause a) hereof;
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbtkeEpgNfNgJa1J1w7FgxUeVd.., 2/5
11/1/22, 11:35 AM PDF,js viewer
CFN: 20130480169 BOOK 28681 PAGE 4715
The recordation, together with any mortgage purporting to meet the requirements of clauses (a)
or (b) above shall constitute conclusive evidence that such mortgage meets such requirements,
and that the right of any reverter hereunder shall be subject to and limited by, and shall not
defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this
paragraph an "institutional lender" shall mean any bank, savings and loan association,
insurance company, foundation or other charitable entity, real estate or mortgage investment
trust, pension funds, the Federal National Mortgage Association, agency of the United States
Government or other governmental agency. in any event, the term "Institutional lender" shall
be deemed to include Miami -Dade County and its respective successors and assigns.
Upon receiving proof of compliance with all the deed restrictions listed above, the Party
of the First Part shall furnish the Party of the Second Part an appropriate instrument
acknowledging satisfaction with all deed restrictions listed above. Such satisfaction of deed
restrictions shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -
Dade County, Florida.
In the event the Party of the Second Part, its successors or assigns, shall violate or otherwise fail
to comply with any of the restrictions and covenants set forth herein, the Party of the Second
Part, its successors or assigns, shall correct or cure the default/violation within (30) days of
written notification of the default by the County. If the Party of the Second Part, its successors
or assigns, fails to remedy the default within thirty (30) days, the County, shall have the right to
re-enter and take possession of the property and to terminate and revest in the County the
estate conveyed by this deed to the Party of the Second Part, its successors or assigns, and by
such reverter to the County, the Party of the Second Part shall forfeit all monetary investments
and improvements without any compensation or right to compensation whatsoever; provided,
that any such right of re-entry shall always be subjected to and limited by, and shall not defeat,
render invalid, or limit any way the lien of any valid mortgage or deed or trust permitted by this
deed.
This grant conveys only the interest of the Party of the First Part in the Property herein
described and shall not be deemed to warrant the title or to represent any state of facts
concerning the same.
IN WITNESS WHEREOF the said Party of the First Part has signed and sealed these presents the
day and year first written above.
3
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx7QS=5pl3%2fNIBjKYCQv467PRR%2ibtkaEpgNfNgJa1 J1 W7FgxUeVd... 3/5
11/1/22, 11:35 AM PDF.js viewer
CFN: 20130480169 BOOK 28681 PAGE 4716
C
Flori
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By: '-1 "nn. Baker, City Manager
OCKA, FLORIDA, a
pal corporation
I HEREBY CERTIFY that on this date before me, an officer duly qualified to take
acknowledgments, personally appeared Kelvin L Baker, as City Manager of the City of Opa-
Locka, Florida, who is either ersonally known y me or who produced valid Florida drivers
license, and executed the foregoing instrument on behalf of the City of Opa-Locka on this day
and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State aforesaid, this rrs-1
day of 2013,
Notiry Pulf}i>r
0)1, , FAYEOOUGIAS
* , MYCOAISIONAOv962152
y ..� iXPIIIES:February16,2O14
''eoFfly"' BondedilevBudgetNJdaysevexs
In Witness Whereof, Kelvin L. Baker, City manager of the Party of the First Part, has set his hand
and seal the date and year first written above. Signed, sealed and delivered in our presence:
FIRST WIT ESS:
41
Signature
Print
SF TN ESS:
Signature
62 Lc�cr
Print
The foregoing conveyance was authorized by Resolution No. 11-8196 approved by the Board of
City Commissioners of Opa-Locka, Florida, on February 23, 2011 and Resolution No. R-940-12
approved by the Board of County Commissioners of Miami -Dade County, Florida on the
November 8, 2012.
4
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx7QS=5p8%2fNIBjKYCQv467PRR%2lbtkaEpgNfNgJa1 J1 W7FgxUeVd... 4/5
11/1/22, 11:38 AM PDF.Js viewer
11111111111111 I 111111111111 1111111111 1 1111111
GFh1 2O13R0336,081
DR Bk 28604 P9s 4581 - 4592; (12P9s)
RECORDED 04/29/2013 15:07:23
HARVEY RUVII4► CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
NNwil« (mmdw. meNAbwr4 - wwgMrO
riawee Hope W. Calhoun, Esq.
Adams 100 W. Cypress Credo Road
Suite 700
Fort Lauderdale, FL 33309
11141 I.stras..t Prepared by:
Hope W. Calhoun, Esq.
Greenspoon Marder
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, Florida 33309
' i vet at* set sanzeitetreArA
AF,AMAmity leer AM
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA
AND
MAGNOLIA NORTH 2145 APARTMENTS, LLC
THIS DEVEL PMENT AGREEMENT ("Agreement") is made and entered into this
lh day of der liability
2010"Execution Date") by and between Magnolia North 2145
Apartments, LLC, a Flori limited liabil ty company, its successors, assigns and heirs, whose mailing
address is 490 Opa-Locka Boulevard, Suite 20, Opa-Locka, Florida 33054 ("Developer"), and the City of
Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida, whose
mailing address is 780 Fisherman Street, Opa-Locka, Florida 33054 (the "City").
WITNESSETH:
WHEREAS, Developer is the fee simple owner of approximately .423 net acres of land located
at 2145 Lincoln Avenue in the City of Opa-Locka, and legally described on the attached Etibi4L* "A"
("Parcel A"); and
WHEREAS, the City owns approximately 1.2 acres of land located at 2171 Lincoln Avenue in
the City of Opa-Locka, and legally described on the attached LAW= ("Parcel B"); and
WHEREAS, the City intends to convey Parcel 13 to the Developer, and
WHEREAS, once the Developer is the owner of Parcel A and Parcel 9 (collectively referred to
herein as the "Property), same will be developed with 12 multifamily low to moderate income apartment
units ("Project"); and
WHEREAS, the sits plan for the Project was recommended for approval by the City's Planing
Council; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local
Government Development Agreement Act, the Florida Legislature has determined that the lack of
certainty is des development process can result in a waste of economic and land development resources,
hops://onlineservices.miami-dadederk.cam/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbrp%2fUll pnH%2fWgPsMhajgj... 1/13
11/1/22, 11:38 AM PDF.js viewer
discourage sound capital improvement planning and financing, escalate the coat of housing and
development, and discourage commitment to comprehensive planning; and
WHEREAS, the Florida Legislature has declared that assurance to a devsioper *tit may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improve:newt planning and
financing, assists in assuring there are adequate capital facilities for the development, encourage private
participation in comprehensive planning, and reduces the economic costs of development; and
WHEREAS, the Developer and the City desire to establish certain terms and conditions relating
to the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS, the City acknowledge that two public hearings were held on October 2, 2012 and
December 12, 2012 pursuant to Florida Statutes 163.227; and
WHEREAS, the City Commission of the City, pursuant to Resolution Number 124493
approved the execution of this Agreement in connection with the approval of the Project.
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein
set forth, the Developer and City agree as follows:
1. Bliligh. The foregoing recitals are true and correct and are incorporated herein by
reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. cisakkEgliga. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
3.
"Additional Term" anyone or more additional terms) approved by enduesl
consent of the parties pursuant to a public hearing pursuant to Section
1633225, F.S.
"Agreement" means this Chapter 163, F.S., Development Agreement between the
City and Developer.
"City" means the City of Opa-Locka, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
"Comprehensive Plan" means the City's comprehensive plan adopted by the City
pursuant to Chapter 163, F.S.
"Developer" means the persons or entities undertaking the development of the
Property, defined in this Agreement.
"Development" moans the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or
2
GM::
https://onlineservices.miami-dadeclerk.con/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbrp%2f1J11 pnH%2fWgPsMhajgj... 2/13
11/1/22. 11:38 AM PDF.js viewer
the dividing of land into three or more parcels and such other activities
described in Section 163.3221(4), F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official
action of local government having the effect of permitting the
development of land.
(h) "Effective Date" is the date which is thirty days after this Agreement is recorded
with the clerk of the circuit court in and for Miami -Dade County,
(1) "Entire Term" is the total term of this Agreement, combining the Initial Term
(thirty (30) years) and the Additional Term, u defined herein.
(j) "Execution Date" is the latest date that all parties have affixed their signatures to
this Agreement.
(k) "Existing Zoning" is (a) all entitlements associated with the City's approval of the
Development; and (b) the provisions of the Charter, Comprehensive Plan
and Laws of the City of Opa-Locka, including the City of Opa-Locka's
Unified Land Development Regulation Code and Ordinances, as
amended through the Effective Date.
(1) "Site Plan" is the Final Site Plan approved by the City Commission pursuant to
Resolution No. 129492 for a 12 unit multifamily low to moderate
income apartment development located on the Property.
(m) "Governing body" means the City of Opa-Locka's City Commission or successor
entity. -
(n) "initial Term" is thirty (30) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land,
except as provided herein.
(p) "Lard Development Regulations" means ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect
of development and includes any local government zoning, rezoning,
subdivision, building construction, or sign regulation or any other
regulations controlling the development of or construction upon land in
effect as of the Effective Date.
(q) "Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opr
Locks affecting the development of land in effect as of the Effective
Date, including Ope.Locka's Unified Land Development Regulation
Code, the Ordinance and the Resolution.
(r) "Project" is the 12 unit multi -family low to moderate income apartment complex
located on the Property.
3
hops://onlineservices.miami-dadeclerk.coin/officialrecords/CFNDetailsPDF.aspx7QS=5p8%2fNIBJKYCQv487PRR%2fbrp%2fUl1 pnH%2tWgPsMhajg1... 3/13
11/1/22, 11:38 AM PDF.js viewer
(s) 'Property" means the approximately .423 gross acres of land located at 2145 and
2171 Lincoln Avenue in the City of Opa.Locka legally described on the
attached Exhibits "A" and "B".
(t) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable
water, educational facilities, parks and recreational, and health systems
and facilities for which the City's Comprehensive Plan seta forth required
levels of service. The City hereby acknowledges that Public Facilities
exist within the City to service the Property and that same shall be made
available concurrent with the development of the Property.
(u) "Resolution" means Resolution Number 124492 and 124493 approving the
Development on the Property.
4. ]per. It is the intent of the Developer and the City that this Agreement shall be
construed and implemented as a development agreement among the parties pursuant to
the Florida Local Government Development Agreement Act, Section 163.3220 through
1633243, F.S., ("Act"), in compliance with section 4.16 of the City of Opa-Loeka's
Unified Land Development Regulation Code, the Ordinance and the Resolution.
5. ERasti_ve..Datg. Immediately upon approval by the City and execution by all parties, the
City shall record, with recording fees paid by the Developer, this Agreement with the
clerk of the circuit court for Miami -Dade County. This Agreement shall become binding
on the Effective Date. Notwithstanding the Effective Date provided herein and required
by Section 163.3239, P.S., the City and the Developer shall act in good faith to carry out
the intent of the Agreement upon the Execution Date.
6. Term of Aereenapt aatiL Biadieut E. This Agreement shall run with the land,
remain in full force and effect, and be binding on all parties hereto. Consent to any
extension of this Agreement requires approval of all parties to this Agreement. In
accordance with Section I63.3227(b), F.S., the Initial Term of this Agreement is thirty
(30) years commencing on the Effective Date. Any one or more additional terms) shall
be approved by mutual consent of the parties pursuant to a public hearing pursuant to
Section 163.3225, F.S.
7. Tarsalnatin. No notice of termination shall be required by either party upon the
expiration of this Agreement and thereafter the parties hereto shall have no further
obligations under this Agreement.
8. SaingisigaLagEguani. The expiration or termination of this Agreement, for
whatever reason, shall not be considered a waiver of, or limitation upon, the rights,
including, but not limited to, any claims of vested rights or equitable estoppels, obtained
or held by the Developer or its successors or assigns in compliance with this Agreement
and all prior and subsequent Development Permits or development orders granted by the
City, including, but not limited to, those rights granted under the City's Comprehensive
Plan.
9. . The we permitted on the Property
shall be those constructed in accordance with the Site Plan.
4
hops://onlineservices.miami-dadeclerk.cam/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbrp%2fUl1 pnH%2fWgPsMhajgj... 4/13
11/1/22, 11:38 AM PDF.js viewer
10. Arightgagaciegaigas. The Developer agrees as follows:
(a) All Public Facility improvements required by the City, by Miami.Dsde County,
Florida, or voluntarily proposed by the Developer to be installed by Developer
shall either. (a) be constructed in acconlence with applicable govwrrrnental
regulations prior to the issuance of a Certificate of Occupancy of the Project; or
(b) be guaranteed to the City by a cash bond or letter of credit. Said security
shall be provided prior to the issuance of a buiWing permit.
(b) Developer will abide by and not deviate from the terms of its graphic and verbal
moons submitted to the City Commission in order to receive approval of
the Project Such items include, but are not speciticaity limited to:
1. Design of all physical structures, water bodies, private and public
improvements; and
2. The color and dimensional characteristics of alt building materials.
(c) Developer guarantees to preserve and maintain all buildings and structures
consistent with the Site Plan for the entire period in which the Developer own9
the land or controls 51% ownership of the Property.
(d) Developer shall submit annual repods and additional documentation as required
by the Resolution to verify continuing compliance with the Resolution.
(e) Developer will not physically alter or substitute the design of structures,
materials and colors included in the Site Plan except as approved by the City. In
the event that building materials or colors are no longer available, the burden
shall be on Developer to prove that said materials or colors are in fact
unavailable.
(f) Developer agrees that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
(g) Developer agrees to comply with City of Op.-Locka Resolution Number 505
(the Fair Share Agreement Resolution).
(h) In addition to the landscaping on the Property, the Developer shall install and
maintain all landscaping in the public right-of-way (Lincoln Avenue and Duval
Street) adjacent to the Project
11. Itushmantaigadja. The City may need to approve the following Development
Permits upon proper submission of all required documentation, and City review or
inspections, in order for the Developer to develop the Project:
(a) Modifications to existing approvals and permits, including the Site Plan;
(b) Water, sewer, paving and drainage permits;
(c) Building permits;
5
https:l/onlineservices.miami-dadeclerk.wm/officialrecords/CFNDetallsPDF.aspx?QS=5p8%2fNIBjKYCQw167PRR%2fbrp%2fU11 pnH%2fWgPsMhajgj... 5/13
11/1/22, 11:38 AM PDF.js viewer
(d) Sign permits;
(e) Certificates of use and occupancy; and
(f) Any other official action of the City and/or Mia ni-Dade County, Florida or other
applicable regulatory agencies having the effect of permitting the development of
land or providing permits required for the development of land.
12. Nothing in this paragraph s dl relieve
the Developer of the requirement to pay impact fees and assessments associated with the
public services and facilities provided by the City and the County.
13. gamissasumwounkagumia. In accordance with Section 163.322 F.S., the
City hereby finds and declares that the Developers' development of the Project on the
Property complies with the Laws, ordinances, regulations and policies of the City's
Comprehensive Plan and Land Development Regulations.
14. Bgageigibtourikagignoggliggkk. Except as otherwise provided for in the Act, for
the Entire Term of this Agreement, the City hereby agrees that it shall permit the
Developer's development (Witte Project in accordance with the Laws of the City of Opa-
Locica, including the City's Comprehensive Plan and Land Development Regulations, as
of the Effective Date of this Agreement, subject to the conditions of this Agreement.
Except as otherwise provided for in the Act, the City's Laws and policies governing the
development of the Property as of the Effective Date of this Agreement shall govern the
development of the Property for the Entire Term of this Agreement Development of the
Property with the Project shall not be subject to any future changes to the Laws of the
City, including the City's Land Development Regulations and Comprehensive Plan after
the Effective Date and during the Entire Term of this Agreement, except to the extent that
the Developer's consent to such changes and except as otherwise provided in the Act.
The City may apply subsequently adopted laws or policies to the Property only as
permitted or required by the Act, or as provided above.
15. Mint and Othtr Annrmvtj . The parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be utxferteken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application associated with the
Property.
16. In
accordance with Section I63.3227(i), F.S., this Agreement b not and shall not be
construed u a Development Permit or authorization to commence developinast. The
Developer and the City agree that the failure of this Agreement to address a particular
permit, condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve Developer of the necessity of complying with any and all
regulations governing said permitting requirements, conditions, fees, tams or restrictions
as long as compliance with said regulation and requirements do not require the Developer
6
https://onlineservices.miami-dadeclerk.com/official records/CFNDetailsPDF.aspx?(15=5p8%2fNIBjKYCQv467PRR%2fbrp%2f i11 pnH%2fWgPsMhajgj... 6/13
11/1/22, 11:38 AM PDF.js viewer
to develop the Property in a manner that is inconsistent with the Laws of the City of Opr
Locke in existence as of the Effective Date.
17. GuadFaith: Fit alanagg. The parties to this Agreement have negotiated in
good faith. it is the intent and agreement of the parties that they shall cooperate: with each
other in good faith to effectuate the purposes and intent of and to satisfy their obligations
under this Agreement in order to secure to themselves the mutual benefits created under
this Agreement. In that regard, the parties shall execute such tiartber documents as may be
reasonably necessary to effectuate the provisions of this Agreement, provided that the
foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the
City's police power or actions of the City when acting in a quasi-judicial capacity.
l8. agog. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope and addressed as follows:
If to the City City Manager
at: City ofOpa-Locks
7S0 Fisherman Street, Fourth Floor
Opa-Locka, Florida 33054
With a copy Joseph Geller. Esq.
to: City Attorney
Greenspoon Marder, P A
100 W Cypress Creek Road, Suite 700
Fort Lauderdale, Florida 33309
If to the Developer
at:
Manager
Opa-Locka Community Development Corp.
490 Opa-Locka Boulevard
Suite 20
Opa.Locka, Florida 33054
19. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida. The Developer and the
City agree that Miami -Dade County, Florida is the appropriate venue in connection with
any litigation between the parties with respect to this Agreement. All of the parties to this
Agreement have participated fully in the negotiation and preparation hereof; and
accordingly, this Agreement shall not be more strictly construed against any of the parties
hereto. In construing this Agreement, captions, and section and paragraph headings shall
be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and
made a part of, this Agreement. In the event of any litigation between the parties under
this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241, F.S., if state and federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties' compliance
with the terms of this Agreement, same shall be modified or revoked as is necessary to
comply with the relevant state or federal laws.
7
GM::
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%21brP%2fUl1 pnH%2fWgPsMhajgj... 7/13
11/1/22, 11:38 AM PDF.Js viewer
20. augabilki. In the event that any term or provision of this Agreement is determined by
an appropriate judicial authority to be illegal or otherwise invalid, such provision shell be
given its nearest legal meaning or construed as deleted as such authority detcnnines, and
the remainder of this Agreement shall be construed to be in full force and effect.
21. gail . This Agreement sets forth the entire Agreement and understanding
between the parties hereto relating in any way to the subject matter contained herein and
merges all prior discussions between the Developer and the City. Neither party shall be
bound by any agreement, condition, wamnty or representation other than as expressly
stated in this Agreement. This Agreement may not be amended or modified except by
written instrument signed by both parties hereto, or their successors in interest.
22. jggszajfigg . The Developer shall indemnify end hold harmless the City, its elated
and appointed officials, employees, agents and assigns from and against any claims or
litigation arising from this Agreement.
23, Pnriodk Review of Arrretpeot. Pursuant to Section 163.3235, F.S., the City shall
review the Property subject to this Agreement at least once every twelve (12) months to
determine if there has been demonstrated good faith compliance with the terms of thus
Agreement. If the City finds on the basis of substantial competent evidence that there has
been a failure to comply with the terms of this Agreement, then same may be revoked or
modified by the City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
[SIGNATURES ON PAGES TO FOLLOW'
8
GM::
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx7QS=5p8%2fNIBjKYCQv467PRR%2fbrp%2fUI1 pnH%2fWgPsMhajgj... 8/13
11/1/22, 11:38 AM PDF.js viewer
ATTEST:
Ity Clerk
Dated: l 0 day of j 1
pproved for f
At<ontey:
*4y,
,E,
„
7 ct
9
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDeiailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbrp%2fU11 pnH%2fWgPsMhajgj... 9/13
11/1/22, 11:38 AM PDF.js viewer
DEVELOPER
WITNESS: MAGNOLIA NORTH 2145 APARTMENTS,
LLC
By: OPA-LOCKA COMMUNITY
DEVELOPMENT CORPORATION, its
Sole Member
Si
Prin e e
Si w : ture
)Dtzr6 3
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument acknowledges before me this I 0 day of + 1
2012 by Willie Logan, as President of the Opa-Locka Community Development C tion, a Florida
non-profit corporate + • em lia North 2145 Apartments, LLC, a Florida limited
liability company, w
e or has produced k i //% as
identification, and acknow -•r' she/he did execute this instrument freely and voluntarily for the
purposes stated herein.
My Commission Expires:
10
011::
I' UM:IYA 4. James
z Notary Public - 31 s of Florida
; My Comm. Esplm Mar 16, 2015
Commission i EE 74720
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBJKYCQv467PRR%2fbrp%2fUl1 pnH%2fWgPsMhaj... 10/13
11/1/22, 11:38 AM PDF.js viewer
Exhibit A
Legal Description
2145 Lincoln Street, Opa-Iocka Florida
Folio Number: 08-2122-003-0130
Lots 10, 11, 12 and 13, Block 3 of MAGNOLIA SUBDIVISION according to the plat thereof as
recorded in Plat Book 40, Page 80 of the Public Records of Miami -Dade County, Florida
11
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIf3jKYCQv467PRR%2fbrp%21U11 pnH%2fWgPsMhajq... 11/13
11/1/22, 11:38 AM
PDF.js viewer
Exhibit B
Legal Description
2171 Lincoln Street, Opa-Iocka Florida
Folio Number: 08-2122-003-0170
OR BK 28604 PG 4592
LAST PAGE
Legal Description: Lots 14, 15 and 16, Block 3 of MAGNOLIA SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 40, Page 80, of the Public Records of MIAMI-DADE County, Florida.
12
https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNISjKYCQv467PRR%2fbrp%2fU11 pnH%2fWgPsMhaj... 12/13
11/1/22, 11:38 AM PDF.js viewer
Book28604/Page4592 CFN#20130336081 Page 12 of 12
https:/lonlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsPDF.aspx?QS=5p8%2fNIBjKYCQv467PRR%2fbrp%2fUl1 pnH%2fWgPsMhaj... 13/13