Affordable/Workforce Housing Covenant 2Q2-t3_32(D3 8'
This instrument was prepared by:
Christopher Penelas, Esq.
98 SE Seventh Street Suite two
Miami, FL 33131
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AFFORDABLE/WORKFORCE HOUSING COVENANT
KNOW ALL BY THESE PRESENTS THAT the undersigned Owner hereby makes, declares,
and imposes on the land herein described, these covenants running with the title to the land,
which shall be binding on the Owner, all heirs, successors, and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or under
them;
WHEREAS, Owner holds the fee simple title to the land in Miami-Dade County, Florida
described in Exhibit "A," attached hereto and made a part hereof, hereinafter called the
"Property,"which is supported by the attorney's opinion attached as Exhibit"B;"
WHEREAS,the Board of County Commissioners of Miami-Dade County has adopted the
Miami-Dade County Road, Fire, Police, and Parks Impact Fee Ordinances (the "Ordinances")
Chapters 33E, 33J, 331,and 33H respectively of the Code of Miami-Dade County, Florida; and
WHEREAS, the Ordinances exempt from the required payment of impact fee housing
units which provide affordable housing for low and very low-income families and/or certain
workforce housing units,as defined in the Ordinances; and
WHEREAS, Owner seeks the following exemptions(check all that apply):
• Road
❑ Fire
❑ Police
❑ Parks
WHEREAS, the Miami-Dade County Department of Regulatory and Economic
Resources (the "Department") through its Director is given authority to administer and
effectuate the Ordinances; and
WHEREAS, Owner is involved in the construction of a project in Miami-Dade County to
be occupied by low or very low-income families and/or that includes workforce housing units
on the property afore described (the "Project");
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WHEREAS, Owner has agreed to assure the Department that the Project will be
occupied by low or very low-income families according to the Ordinances and the terms stated
herein;
WHEREAS,Owner is submitting this covenant to induce the Director of the Department
to grant an exemption of the aforesaid impact fees in the total amount of the road,fire,police,
and parks impact fees,whichever fees are applicable;
NOW THEREFORE, in consideration of the covenants and undertakings set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, applicant, its successors and assigns, does hereby covenant and agrees as
follows:
1. General
A. That the Project shall be occupied on a continuous basis by members of the general
public who comply with the workforce housing and/or affordable housing exemptions
of the Ordinances for a time period no less than fifteen (15)years from the date of this
covenant; and
B. That impact fees will become due and payable by the current owner of the Project at
such time it loses its status as affordable and/or workforce housing within fifteen (15)
years from the date of this covenant;
C. In the event applicant rents or enters into a rent-purchase agreement, applicant shall
furnish to the Department a report each year for a period of five (5) years from the
date of this covenant certifying the income of the owners/lessees of the project and
compliance with the provisions of the covenant;
D. In the event applicant sells the Project, applicant shall provide all documentation as
required by the Director of the Department to prove that the prospective occupants
comply with the workforce housing and/or affordable housing exemption of the
Ordinances. Upon Department approval of the workforce housing and/or affordable
housing exemption, applicant shall have the right, upon written request delivered to
the Department,to be released from this covenant.
2. Termination. Applicant, its successors or assigns, shall have the right, upon written
request delivered to the Department, to be released and have the Project released from
the terms and conditions contained herein upon tender to Miami-Dade County of the full
amount of the applicable impact fees in effect at the time of the requested release,
payable in accordance with the provisions of the Ordinances.
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3. Covenant Running with the Land.This covenant shall constitute a covenant running with
the land and may be recorded in the Public Records of Miami-Dade County, Florida, and
shall remain in full force and effect and be binding upon applicant and its successors and
assigns until such time as the same is modified or released or as otherwise provided in this
covenant.
4. Governing Law.This covenant shall be governed by and construed in accordance with the
laws of the State of Florida, both as to substantive rights and those governing remedies.
5. Notice. Any notice required to be given herein shall be given by personal delivery of 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:
Department of Regulatory and Economic Resources
Stephen P. Clark Center
111 NW 1st Street, Suite 1110
Miami, Florida 33128
Attention: Director
OWNER:
Housing Authority
City of Miami Beach
zoo Alton Road
Miami Beach, FL 33139
Attention: Director
LESSEE:
Vista Breeze, Ltd.
161 NW 6th Street
Suite 1zo
Miami, Florida 33136
Attention: Michelle Feigenbaum
6. Severability. If any provision of this covenant shall be invalid,illegal,or unenforceable,the
validity, legality, and enforceability of the remaining provisions shall not be affected or
impaired.
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7. Enforcement.Should the County place a lien on the property because of a violation of this
covenant and decide to foreclose on such lien, after any such foreclosure, the Land Use
Restriction Agreement dated December i5, 2023, recorded at Official Records Book 34013
Page 2545, in the Public Records of Miami-Dade County, Florida, will remain in place and
continue to run with the land in accordance with its terms.
[Execution Pages Follow]
Page 4 of 16
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Signed,witnessed,executed,and acknowledged on this day of January,zo24.
In Witness Whereof, the Owner has caused these presents to be signed in its name by its
proper officials.
WITNESSES:
Housing Authority of the City of Miami Beach,a public
body corporate and politic
Title:
Signature Print Name:
Address: zoo Alton Road, Miami Beach,
Print Name Florida 33139
Signature
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 January, 2024 by , as
,of the Housing Authority of the City of Miami Beach,a public body corporate and
politic, on behalf of the Authority. He/She is personally known to me or has produced
,as identification and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page 5 of 16
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Acknowledgement
Signed,witnessed,executed,and acknowledged on this day of January,2024.
In Witness Whereof, the Owner has caused these presents to be signed in its name by its
proper officials.
Witnessed by: Vista Breeze, Ltd.,a Florida limited partnership
By: APC Vista Breeze, LLC,a Florida limited
Signature liability company,its managing general partner
Print Name By:
Kenneth Naylor,Vice President
Signature
Print Name
1
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 January, 2024 by , as
,of APC Vista Breeze, LLC,a Florida limited liability company. He/She is personally
known to me or has produced , as identification
and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page 6 of 16
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Exhibit A
Legal Description of Subject Property:
Lots 3,4, and 5, Block 55 of NORMANDY GOLF COURSE SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 44, at Page 62,of the Public Records of Miami-Dade County,Florida.
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JOINDER BY MORTGAGEE
(BOND)
The undersigned, The Bank of New York Mellon Trust Company, N.A., a national banking
association, and Mortgagee under that certain Leasehold Mortgage, Assignment of Rents, Security
Agreement and Fixture Filing from Vista Breeze, Ltd.,a Florida limited partnership,recorded in Official
Records Book 34013, Page 2577, having been assigned to the undersigned by the Housing Finance
Authority of Miami-Dade County pursuant to that certain Assignment of Mortgage recorded in Official
Records Book 34o13, Page 2616, both of the public records of Miami-Dade County, Florida, covering
all/or a portion of the property described in the AFFORDABLE/WORKFORCE HOUSING COVENANT IN
FAVOR OF MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR
AFFORDABLE HOUSING, does hereby consent to the execution of the foregoing by the Housing
Authority of the City of Miami Beach,a public body corporate and politic,as fee owner of the subject
property,and agrees that in the event Mortgagee or any other party shall obtain title to the leasehold
interest in the property through foreclosure or deed-in-lieu of foreclosure, this
AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING shall be binding upon the entity
obtaining title as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2024.
Witnessed by: The Bank of New York Mellon Trust Company,N.A.
By:
Signature Title:
Print Name:
Print Name Address:
Attn:
Signature
Print Name
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑online notarization this day of January,2o24 by ,as ,
of The Bank of New York Mellon Trust Company, N.A., a national banking association. He/She is
personally known to me or has produced , as
identification and did/did not take an oath.
Signature
Notary Public State of
Print Name:
Page 8 of 16
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JOINDER BY MORTGAGEE
(VIABILITY)
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 that certain Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida
limited partnership, recorded in Official Records Book 34013, Page 2628, of the public records of
Miami-Dade County, Florida, covering all/or a portion of the property described in the
AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING, does hereby consent to the
execution of the foregoing by the Housing Authority of the City of Miami Beach, a public body
corporate and politic, as fee owner of the subject property, and agrees that in the event Mortgagee
or any other party shall obtain title to the leasehold interest in the property through foreclosure or
deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF
MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING shall be binding upon the entity obtaining title as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2o24.
Witnessed by: Florida Housing Finance Corporation,a public
corporation and a public body corporate and politic
Signature duly created and existing under the laws of the State
of Florida
Print Name By:
Title:
Signature Print Name:
Address:227 North Bronough Street,Suite 5000
Print Name Tallahassee, Florida 32301-1329
STATE OF FLORIDA )
)SS
COUNTY OF
The foregoing instrument was acknowledged before me by means of El physical presence or
El online notarization this day of January, 2024 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. He/She is
personally known to me or has produced , as
identification and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page 9 of 16
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JOINDER BY MORTGAGEE
(SAIL)
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 that certain Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida
limited partnership,recorded in Official Records Book 34013,Page 2731,of the public records of Miami-
Dade County, Florida, covering all/or a portion of the property described in the
AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING, does hereby consent to the
execution of the foregoing by the Housing Authority of the City of Miami Beach, a public body
corporate and politic, as fee owner of the subject property, and agrees that in the event Mortgagee
or any other party shall obtain title to the leasehold interest in the property through foreclosure or
deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF
MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING shall be binding upon the entity obtaining title as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2024.
Witnessed by: Florida Housing Finance Corporation,a public
corporation and a public body corporate and politic
Signature duly created and existing under the laws of the State
of Florida
Print Name By:
Title:
Signature Print Name:
Address:227 North Bronough Street,Suite 5000
Print Name Tallahassee, Florida 32301-1329
STATE OF FLORIDA )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization this day of January, 2024 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. He/She is
personally known to me or has produced , as
identification and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page 10 of 16
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JOINDER BY MORTGAGEE
(ELI)
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 that certain Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida
limited partnership,recorded in Official Records Book 34013,Page 2777,of the public records of Miami-
Dade County, Florida, covering all/or a portion of the property described in the
AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING, does hereby consent to the
execution of the foregoing by the Housing Authority of the City of Miami Beach, a public body
corporate and politic, as fee owner of the subject property, and agrees that in the event Mortgagee
or any other party shall obtain title to the leasehold interest in the property through foreclosure or
deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF
MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING shall be binding upon the entity obtaining title as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2o24.
Witnessed by: Florida Housing Finance Corporation,a public
corporation and a public body corporate and politic
Signature duly created and existing under the laws of the State
of Florida
Print Name By:
Title:
Signature Print Name:
Address:227 North Bronough Street,Suite 5000
Print Name Tallahassee, Florida 32301-1329
STATE OF FLORIDA )
)SS
COUNTY OF _ )
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization this day of January, 2o24 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. He/She is
personally known to me or has produced , as
identification and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page ti of 16
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JOINDER BY MORTGAGEE
(NHTF)
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 that certain Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida
limited partnership, recorded in Official Records Book 34013, Page 2847, of the public records of
Miami-Dade County, Florida, covering all/or a portion of the property described in the
AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING, does hereby consent to the
execution of the foregoing by the Housing Authority of the City of Miami Beach, a public body
corporate and politic, as fee owner of the subject property, and agrees that in the event Mortgagee
or any other party shall obtain title to the leasehold interest in the property through foreclosure or
deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF
MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING shall be binding upon the entity obtaining title as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2024.
Witnessed by: Florida Housing Finance Corporation,a public
corporation and a public body corporate and politic
Signature duly created and existing under the laws of the State
of Florida
Print Name By:
Title:
Signature Print Name:
Address:227 North Bronough Street,Suite 5000
Print Name Tallahassee, Florida 32301-1329
STATE OF FLORIDA )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization this day of January, 2024 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. He/She is
personally known to me or has produced , as
identification and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page 12 of 16
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JOINDER BY MORTGAGEE
(SURTAX)
The undersigned, Miami-Dade County, a political subdivision of the State of Florida, and
Mortgagee under that certain Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd.,a
Florida limited partnership, recorded in Official Records Book 34o9, Page 2911, of the public records
of Miami-Dade County, Florida, covering all/or a portion of the property described in the
AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING, does hereby consent to the
execution of the foregoing by the Housing Authority of the City of Miami Beach, a public body
corporate and politic, as fee owner of the subject property, and agrees that in the event Mortgagee
or any other party shall obtain title to the leasehold interest in the property through foreclosure or
deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF
MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING shall be binding upon the entity obtaining title as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January,zo24.
Witnessed by: Miami-Dade County,a political subdivision of the
State of Florida
By:
Signature Title:
Print Name:
Print Name Address:in N.W. First Street, Miami, Florida 33128
Attn:County Mayor
Signature
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 January, 2024 by , as
, of Miami-Dade County, a political subdivision of the State of Florida. He/She is
personally known to me or has produced , as
identification and did/did not take an oath.
Signature
Notary Public State of Florida
Print Name:
Page 13 of 16
Affordable/Workforce Housing Covenant
(Space reserved for Clerk)
JOINDER BY MORTGAGEE
(HOME)
The undersigned, City of Miami Beach, a Florida municipal corporation, and Mortgagee
under that certain Amended and Restated Leasehold Mortgage, Security Agreement and Fixture
Filing from Vista Breeze, Ltd., a Florida limited partnership, recorded in Official Records Book 34013,
Page 2998, of the public records of Miami-Dade County, Florida, covering all/or a portion of the
property described in the AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF
MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING, does hereby consent to the execution of the foregoing by the Housing Authority of the
City of Miami Beach, a public body corporate and politic, as fee owner of the subject property, and
agrees that in the event Mortgagee or any other party shall obtain title to the leasehold interest
in the property through foreclosure or deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE
HOUSING COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM
ROAD IMPACT FEES FOR AFFORDABLE HOUSING shall be binding upon the entity obtaining title
as the then owner of such property.
IN WITNESS WHEREOF,these presents have been executed this day of January, 2024.
Witnessed by:
Ct44.1,�� � City of Miami each, a Mu ici I Corporation
signature
By: 4 _
�ckura Told -es Title:Cit anager
Print Name Print N e:Alina T. Hudak
Address:i7oo Convention Center Drive
Address: i7oo Convention Miami Beach, Florida 33139
Center Dr., Miami Beach,
FL 33139
FEB 0 6 2624
'�' APPROVED AS TO
Sig ture ,4 r) �. .�� FORM & LANGUAGE
a
& FOR EXECUTION
Print Name •.INtOItP OPTED 91414/1
Address: i oo Convention '''4 "."'�"w•f'7 CH paRtittit1/4"--
, City Attorney i Dote
Center Dr, Miami Beach, FL "'� `t��
n139
)
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 January, 2024 by Alina T. Hudak , as
=i•j=; , of the City of Miami Beach, a Florida municipal corporation. H h is
personally know. o me or has produced e./
, as
identifica • and did/did not take an oath.
Signat
7 V"' '' •,,., ' -_ NotaryPublic e of F Ia '/� 05 )
,�,i��a• CHARLES J.DAGGSTIN —'� �"'l ^.y
(.5
� ,,i *, MYCOtvtMISSION#HH1ti5705 i Print Name:
11:::1';', 7.,01 EXPIRES:December 14,2025 Page 14 of 16
f,,' Bonded Tnru Notary Public Underwriters
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JOINDER BY MORTGAGEE
(SPONSOR LOAN)
The undersigned, Housing Authority of the City of Miami Beach, a public body corporate and
politic, and Mortgagee under that certain Open-End Leasehold Mortgage and Security Agreement
from Vista Breeze, Ltd., a Florida limited partnership, recorded in Official Records Book 34013, Page
3057, of the public records of Miami-Dade County, Florida, covering all/or a portion of the property
described in the AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR OF MIAMI-DADE
COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE HOUSING, does
hereby consent to the execution of the foregoing by the Housing Authority of the City of Miami Beach,
a public body corporate and politic,as fee owner of the subject property,and agrees that in the event
Mortgagee or any other party shall obtain title to the leasehold interest in the property through
foreclosure or deed-in-lieu of foreclosure, this AFFORDABLE/WORKFORCE HOUSING COVENANT IN
FAVOR OF MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR
AFFORDABLE HOUSING shall be binding upon the entity obtaining title as the then owner of such
property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2024.
Witnessed by: Housing Authority of the City of Miami Beach,
a public body corporate and politic
By:
Signature Title:
Print Name:
Print Name Address:zoo Alton Road, Miami Beach, FL
33139
Signature
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 January, 2024 by , as
,of the Housing Authority of the City of Miami Beach,a public body corporate and
politic. He/She is personally known to me or has produced
,as identification and did/did not take an oath.
Notary PGblic State of Florida
Print Name:
Page 15 of 16
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JOINDER BY MORTGAGEE
The undersigned, CITIBANK, N.A., a national banking association, and Mortgagee under that
certain Forward Commitment Fee Multifamily Leasehold Mortgage, Assignment of Rents, Security
Agreement and Fixture Filing by Vista Breeze, Ltd., a Florida limited partnership, recorded in Official
Records Book 34(113, Page 3123,of the public records of Miami-Dade County, Florida,covering all/or a
portion of the property described in the AFFORDABLE/WORKFORCE HOUSING COVENANT IN FAVOR
OF MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES FOR AFFORDABLE
HOUSING,does hereby consent to the execution of the foregoing by the Housing Authority of the City
of Miami Beach,a public body corporate and politic,as fee owner of the subject property,and agrees
that in the event Mortgagee or any other party shall obtain title to the leasehold interest in the
property through foreclosure or deed-in-lieu of foreclosure,this AFFORDABLE/WORKFORCE HOUSING
COVENANT IN FAVOR OF MIAMI-DADE COUNTY RELATING TO EXEMPTION FROM ROAD IMPACT FEES
FOR AFFORDABLE HOUSING shall be binding upon the entity obtaining title as the then owner of such
property.
IN WITNESS WHEREOF,these presents have been executed this day of January,2024.
Witnessed by: CITIBANK, N.A.,a national banking association
By:
Signature Title:
Print Name:
Print Name Address:380o Citibank Center Tampa, FL 33610
Signature
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 January, zo24 by , as
,of CITIBANK, N.A.,a national banking association. He/She is personally known to
me or has produced , as identification and did/did
not take an oath.
Signature
Notary Public State of
Print Name:
Page 16 of 16
OPINION OF TITLE
(Waterway Lots)
TO: MIAMI-DADE COUNTY, FLORIDA
With the understanding that this Opinion of Title is furnished to Miami-Dade County, Florida, as
an inducement for acceptance and in compliance with Chapter 28, and as an inducement for acceptance of
that Affordable/Workforce Housing Covenant (hereinafter the "Agreement"), covering the real property,
hereinafter described, it is hereby certified that I have examined (i) Chicago Title Insurance Company
Owner's Policy No. 116274-2-394788-2023.7251209-230904999 covering the period from the beginning
to September 27, 2023, at 12:33 p.m.; (ii) Chicago Title Insurance Company Owner's Policy No.
2751209-231342216; and (iii) Attorneys' Title Fund Services, LLC File No. 394788 Attorney Title
Information Data System Certified Title Search covering the period from September 25, 2023, through
November 11, 2023, at 11:00 p.m. (collectively, the "Title Information") with said Title Information
covering the period from the beginning to November 11, 2023, inclusive, of the following described real
property:
Lots 3, 4 and 5, Block 55, of NORMANDY GOLF COURSE SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 44, at Page 62, of the Public Records of Miami-Dade
County,Florida.
Basing my opinion on said complete abstract, I am of the opinion that on the last mentioned dated
the fee simple title to the above-described real property was vested in:
Housing Authority of The City of Miami Beach, a Florida Public Housing Authority, as to fee
simple interest
and
Vista Breeze,Ltd.,a Florida limited partnership,as to a leasehold interest
As Counsel for Vista Breeze, Ltd., as defined in the joinder and consent to the Agreement, and
basing my opinion on review of the Limited Partnership Agreement of Vista Breeze, Ltd., dated August
22, 2022., which agreement has not been amended or modified, the Articles of Organization dated
October 6, 2020, and Operating Agreement dated August 18, 2022, of APC Vista Breeze, LLC, a Florida
limited liability company,the general partner of Vista Breeze, Ltd.,both of which have not been amended
or modified, an Officer's Certificate dated November 20, 2023, of APCHD MM II Inc., a Delaware
corporation, the manager of APC Vista Breeze, LLC, evidencing Howard D. Cohen, as Chief Executive
Officer, which has not been amended or modified, and the Written Consent of Vista Breeze, Ltd., et al,
dated November 20, 2023 ("Leasehold Property Owner"), which Consent has not been amended or
revoked, that Kenneth Naylor, as Vice President, of APC VISTA BREEZE, LLC, a Florida limited
liability company, General Partner of VISTA BREEZE, LTD., a Florida limited partnership, is authorized
to execute the joinder and consent to the Agreement by and among The School Board of Miami-Dade
County, Florida, and the Housing Authority of The City of Miami Beach; and, further that the parties
comprising the Leasehold Property Owner are accurately reflected in the signature block for the
Leasehold Property Owner attached hereto as Exhibit"A".
Subject to the following liens, encumbrances,and other exceptions:
1.RECORDED MORTGAGE(S): SEE EXHIBIT "A" ATTACHED HERETO.
74292875;1
Opinion of Title to Miami-Dade County,Florida(Chapter 28)
Re: Vista Breeze,Ltd./Waterway Lots
Page 2 of 4
2.RECORDED CONSTRUCTION LIENS,CONTRACT LIENS AND JUDGMENTS: NONE
3.GENERAL EXCEPTIONS:
a.All taxes for the years 2024,and all subsequent years.
b.Rights of persons other than the Property Owner who are in possession.
c.Facts that would be disclosed upon accurate survey.
d.Any unrecorded labor,mechanics' or materialmens' liens.
e.Zoning and other restrictions imposed by governmental authority.
f. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands
insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such
lands.
g. Any lien provided by Chapter 159 of the Florida Statutes, or provided by Metropolitan Dade County
Ordinance No. 84-10 in favor of any city, town, village, or port authority for unpaid service charges for
service by any water systems, sewer systems,or gas systems serving the land described herein.
4.SPECIAL EXCEPTIONS: Special exceptions set forth in Exhibit"B"attached hereto and made a
part hereof by reference.
Therefore, it is my opinion that the following parties must join the execution of the agreement
covering the real property herein described.
NAME INTEREST SPECIAL EXCEPTION NUMBER
Housing Authority of The City of Fee Simple N/A
Miami Beach, a Florida Public
Housing Authority
Vista Breeze,Ltd.,a Florida Leasehold 8
limited partnership
a.The Bank of New York Mellon Mortgagee(s) See Exhibit"A" attached hereto
Trust Company
b.Florida Housing Finance
Corporation
c.Miami-Dade County,Florida
d.City of Miami Beach,Florida
e.Housing Authority of the City
of Miami Beach
f.Citibank,N.A.
74292875;1
Opinion of Title to Miami-Dade County,Florida(Chapter 28)
Re: Vista Breeze,Ltd./Waterway Lots
Page 3 of 4
I HEREBY CERTIFY that the legal described contained in this Opinion of Title coincides with, and
is the same as,the legal description in the proffered recordable Agreement.
I,the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of
Florida,and a member in good standing of the Florida Bar.
Respectfully submitted this day of January,2024.
AKERMAN LLP
By:
Ian G.Bacheikov,Esq.
Florida Bar No. 0091305
98 SE 7th Street, Suite 1100
Miami,Florida 33131
(305) 982-5667
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0
online notarization this day of January, 2024 by Ian G.Bacheikov,who is personally known to me.
Notary Public
Print Name
My commission expires:
74292875;1
EXHIBIT"A"
Leasehold Owner Signature Block
VISTA BREEZE,LTD.,
a Florida limited partnership
By: APC VISTA BREEZE,LLC,a
Florida limited liability
company, its Managing General Partner
By:
Name: Kenneth Naylor
Title: Vice President
74292875;1
Opinion of Title to Miami-Dade County,Florida(Chapter 28)
Re: Vista Breeze,Ltd./Waterway Lots
Page 5of4
EXHIBIT"A"
Mortgages
1. Leasehold Mortgage, Assignment of Rents, Security Agreement and Fixture Filing from Vista
Breeze, Ltd., a Florida limited partnership to Housing Finance Authority of Miami-Dade County
(BOND), dated December 15, 2023 recorded December 18, 2023 in Official Records Book 34013 Page
2577; as assigned to The Bank of New York Mellon Trust Company, N.A. pursuant to Assignment of
Mortgage dated December 15, 2023 recorded December 18, 2023 in Official Records Book 34013 Page
2616;together with UCC-1 Financing Statement naming Vista Breeze, Ltd., a Florida limited partnership,
as debtor, and Housing Finance Authority of Miami-Dade County, as assignor secured party and The
Bank of New York Mellon Trust Company,N.A., as assignee secured party(BOND), recorded December
18,2023 in Official Records Book 34013 Page 2620.
2. Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation (VIABILITY), dated December 15, 2023 recorded
December 18, 2023 in Official Records Book 34013 Page 2628, as subordinated by that certain
Subordination and Intercreditor Agreement (FHFC-HFA/MDC) by and between Bank of America, N.A.
and Florida Housing Finance Corporation and consented to by Vista Breeze, Ltd., a Florida limited
partnership and The Bank of New York Mellon Trust Company, N.A., a national banking association
dated December 15, 2023 recorded December 18, 2023 in Official Records Book 34013 Page 2671;
together with Assignment of Leases,Rents and Contract Rights from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation (VIABILITY), dated December 15, 2023 recorded
December 18, 2023 in Official Records Book 34013 Page 2658 and UCC-1 Financing Statement
(VIABILITY) naming Vista Breeze, Ltd., a Florida limited partnership, as debtor, and Florida Housing
Finance Corporation, as secured party, recorded December 18, 2023 in Official Records Book 34013
Page 2703.
3. Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation (SAIL) dated December 15, 2023 recorded
December 18, 2023 in Official Records Book 34013 Page 2731, as subordinated by that certain
Subordination and Intercreditor Agreement (FHFC-HFA/MDC) by and between Bank of America, N.A.
and Florida Housing Finance Corporation and consented to by Vista Breeze, Ltd., a Florida limited
partnership and The Bank of New York Mellon Trust Company, N.A., a national banking association
dated December 15, 2023 recorded December 18, 2023 in Official Records Book 34013 Page 2671;
together with Assignment of Leases, Rents and Contract Rights from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation (SAIL), dated December 15, 2023 recorded
December 18, 2023 in Official Records Book 34013 Page 2761; and UCC-1 Financing Statement naming
Vista Breeze, Ltd., a Florida limited partnership, as debtor, and Florida Housing Finance Corporation, as
secured party(SAIL),recorded December 18,2023 in Official Records Book 34013 Page 2773.
74292875;1
Opinion of Title to Miami-Dade County,Florida(Chapter 28)
Re: Vista Breeze,Ltd./Waterway Lots
Page 6 of 4
4. Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation(ELI) dated December 15, 2023 recorded December
18, 2023 in Official Records Book 34013 Page 2777, as subordinated by that certain Subordination and
Intercreditor Agreement (FHFC-HFA/MDC) by and between Bank of America, N.A. and Florida
Housing Finance Corporation and consented to by Vista Breeze, Ltd., a Florida limited partnership and
The Bank of New York Mellon Trust Company,N.A., a national banking association dated December 15,
2023 recorded December 18, 2023 in Official Records Book 34013 Page 2671;together with Assignment
of Leases, Rents and Contract Rights from Vista Breeze, Ltd., a Florida limited partnership to Florida
Housing Finance Corporation (ELI), dated December 15, 2023 recorded December 18, 2023 in Official
Records Book 34013 Page 2807; and UCC-1 Financing Statement (ELI) naming Vista Breeze, Ltd., a
Florida limited partnership, as debtor, and Florida Housing Finance Corporation, as secured party,
recorded December 18,2023 in Official Records Book 34013 Page 2819.
5. Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation (NHTF) dated December 15, 2023 recorded
December 18, 2023 in Official Records Book 34013 Page 2847, as subordinated by that certain
Subordination and Intercreditor Agreement (FHFC-HFA/MDC) by and between Bank of America, N.A.
and Florida Housing Finance Corporation and consented to by Vista Breeze, Ltd., a Florida limited
partnership and The Bank of New York Mellon Trust Company, N.A., a national banking association
dated December 15, 2023 recorded December 18, 2023 in Official Records Book 34013 Page 2671;
together with Assignment of Leases,Rents and Contract Rights from Vista Breeze, Ltd., a Florida limited
partnership to Florida Housing Finance Corporation (NHTF), dated December 15, 2023 recorded
December 18,2023 in Official Records Book 34013 Page 2880; and UCC-1 Financing Statement(NHTF)
naming Vista Breeze, Ltd., a Florida limited partnership, as debtor, and Florida Housing Finance
Corporation,as secured party,recorded December 18,2023 in Official Records Book 34013 Page 2893.
6. Leasehold Mortgage and Security Agreement and Assignment of Lease, Rents and Profits from
Vista Breeze, Ltd., a Florida limited partnership to Miami-Dade County (SURTAX) dated December 15,
2023 recorded December 18, 2023 in Official Records Book 34013 Page 2911, as subordinated by that
certain Subordination and Intercreditor Agreement(FHFC-HFA/MDC)by and between Bank of America,
N.A. and Miami-Dade County, a political subdivision of the State of Florida and consented to by Vista
Breeze, Ltd., a Florida limited partnership and The Bank of New York Mellon Trust Company, N.A., a
national banking association dated December 15, 2023 recorded December 18, 2023 in Official Records
Book 34013 Page 2948, as subordinated by that certain Subordination Agreement (FHFC) dated
December 15, 2023 recorded December 18, 2023 in Official Records Book 34013 Page 2962; together
with Collateral Assignment of Leases, Rents and Contract Rights from Vista Breeze, Ltd., a Florida
limited partnership to Miami-Dade County(SURTAX) dated December 15, 2023 recorded December 18,
2023 in Official Records Book 34013 Page 2935; and UCC-1 Financing Statement naming Vista Breeze,
Ltd., a Florida limited partnership, as debtor, and Florida Housing Finance Corporation, as secured party
(SURTAX),recorded December 18,2023 in Official Records Book 34013 Page 2980.
74292875;1
Opinion of Title to Miami-Dade County,Florida(Chapter 28)
Re: Vista Breeze,Ltd./Waterway Lots
Page 7 of 4
7. Amended and Restated Leasehold Mortgage, Security Agreement and Fixture Filing from Vista
Breeze, Ltd., a Florida limited partnership to the City of Miami Beach, Florida, a Florida municipal
corporation (HOME) dated December 15, 2023 recorded December 18, 2023 in Official Records Book
34013 Page 2998 in the amount of $1,003,969.00, as subordinated by that certain Subordination
Agreement (HFA/MDC) by and between Bank of America, N.A. and The City of Miami Beach, Florida,
a Florida municipal corporation and consented to by Vista Breeze, Ltd., a Florida limited partnership and
The Bank of New York Mellon Trust Company,N.A., a national banking association dated December 15,
2023 recorded December 18, 2023 in Official Records Book 34013 Page 3022, as subordinated by that
certain Subordination Agreement (FHFC) dated December 15, 2023 recorded December 18, 2023 in
Official Records Book 34013 Page 3039.
8. Open-end Leasehold Mortgage and Security Agreement from Vista Breeze, Ltd., a Florida
limited partnership to Housing Authority of the City of Miami Beach (SPONSOR LOAN), dated
December 15, 2023 recorded December 18,2023 in Official Records Book 34013 Page 3057, as affected
by that certain Subordination Agreement(HFA/MDC), dated December 15,2023,recorded December 18,
2023, in Official Records Book 34013, Page 3070, as further affected by that certain Subordination
Agreement (FHFC), dated December 15, 2023, recorded December 18, 2023, in Official Records Book
34013, Page 3084, as further affected by that certain Subordination Agreement (City), dated December
15, 2023, recorded December 18, 2023, in Official Records Book 34013, Page 3102; together with UCC-
1 Financing Statement (SPONSOR LOAN) naming Vista Breeze, Ltd., a Florida limited partnership, as
debtor, and Housing Authority of the City of Miami Beach, as secured party, recorded December 18,
2023 in Official Records Book 34013 Page 3119.
9. Forward Commitment Fee Multifamily Leasehold Mortgage, Assignment of Rents, Security
Agreement and Fixture Filing (Florida), by Vista Breeze, Ltd., a Florida limited partnership to Citibank,
N.A., a national banking association, dated December 1, 2023, recorded December 18, 2023, in Official
Records Book 34013 Page 3123.
74292875;1
EXHIBIT"B"
Special Exceptions
1. Restrictions, dedications, conditions, reservations, easements and other matters
shown on the plat of NORMANDY GOLF COURSE SUBDIVISION, as
recorded in Plat Book 44,Page(s)62.
2. The nature, extent or existence of riparian rights or littoral rights is not insured. (As to
Parcel 2)
3. Any and all rights of the United States of America over artificially filled lands in what
were formerly navigable waters, arising by reason of the United States of America's
control over navigable waters in the interest of navigation and commerce, and any
conditions contained in any permit authorizing the filling in of such areas. (As to Parcel
2)
4. Declaration of Restrictive Covenant recorded in Official Records Book 24997, Page
546.
5. Terms, conditions and covenants contained in that Order before the Historic
Preservation Board of the City of Miami Beach recorded July 13, 2022, in Official
Records Book 33287, Page 4800.
6. Declaration of Restrictive Covenants in Lieu of Unity of Title recorded April 4, 2023, in
Official Records Book 33649,Page 2944.
7. Declaration of Restrictive Covenants recorded September 27, 2023, in Official
Records Book 33902, Page 1195, as amended and restated by Amended and Restated
Declaration of Restrictive Covenants (HOME) recorded December 18, 2023, in
Official Records Book 34013,Page 2984
8. Terms and conditions of the Second Amended and Restated Ground Lease dated December
15, 2023, by and between Vista Breeze, Ltd., a Florida limited partnership, and Housing
Authority of The City of Miami Beach,a public body corporate and politic, as evidenced by
that Amended and Restated Memorandum of Lease recorded December 18, 2023, in
Official Records Book 34013,Page 2540.
9. Notice of Commencement recorded in Official Records Book 33910, Page 469
10. South Florida Water Management District Environmental Resource Permit Notice
recorded in Official Records Book 24302, Page 3184.
11. Land Use Restriction Agreement by and between Vista Breeze, Ltd., a Florida limited
partnership, Housing Finance Authority of Miami-Dade County and The Bank of New
York Mellon Trust Company, N.A. (BOND), dated December 15, 2023, recorded
December 18,2023, in Official Records Book 34013 Page 2545.
74292875;1
Opinion of Title to Miami-Dade County,Florida(Chapter 28)
Re: Vista Breeze,Ltd./Waterway Lots
Page 9 of 4
12. Land Use Restriction Agreement (SAIL/ELI) by and between Vista Breeze, Ltd., a Florida
limited liability company and Florida Housing Finance Corporation dated December 15,
2023,recorded December 18, 2023, in Official Records Book 34013,Page 2707.
13. Land Use Restriction Agreement (NHTF) by and between Vista Breeze, Ltd., a Florida
limited liability company and Florida Housing Finance Corporation dated December 15,
2023,recorded December 18,2023, in Official Records Book 34013,Page 2823.
14. Miami-Dade County Rental Regulatory Agreement by and between Vista Breeze, Ltd., a
Florida limited partnership and Miami-Dade County(SURTAX) dated December 15, 2023,
recorded December 18,2023, in Official Records Book 34013 Page 2897.
15. Notice of Commencement recorded December 18, 2023, in Official Records Book 34013
Page 3202.
NOTE: All recording references in this form shall refer to the public records of Miami-
Dade County,Florida,unless otherwise noted.
74292875;1
RESOLUTION NO, 2023-32638
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING RESOLUTION NO.2022-32188,WHICH
ADOPTED THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS
FOR FY 2022, AND INCLUDED THE APPROVAL OF THE ALLOCATION OF
$500,000.00 IN HOME FUNDS TO THE HOUSING AUTHORITY OF THE CITY
OF MIAMI BEACH (HACMB) FOR THE REPLACEMENT OF THE SEAWALL
("SEAWALL PROJECT") AT 280-300 SOUTH SHORE DRIVE ("PROJECT
SITE"); SAID AMENDMENT TO THE RESOLUTION REPLACING HACMB, AS
THE SUB-RECIPIENT FOR THE SEAWALL PROJECT AWARD, WITH VISTA
BREEZE, LTD., AS VISTA BREEZE HAS SECURED CONTROL OVER THE
PROJECT SITE AND THE RIGHT TO DEVELOP AND OWN THE
IMPROVEMENTS ON THE PROJECT SITE, PURSUANT TO THAT CERTAIN
AMENDED AND RESTATED GROUND LEASE AGREEMENT, DATED
AUGUST 6, 2021, BETWEEN HACMB, AS LANDLORD, AND VISTA BREEZE,
AS TENANT.
WHEREAS, on June 22, 2022, the Mayor and City Commission adopt Resolution No.
2022-32188; said Resolution adopting the City's One-Year Action Plan for federal funds for FY
2022, which included the budgets for the Community Development Block Grant(CDBG) program
in the amount of $941,433; the Home Investment Partnerships (HOME) program in the amount
of $676,153; and the HOME American Rescue Plan (HOME-ARP) funds in the amount of
$1,630,667; further, authorizing the City Manager to: (1)execute all applicable documents related
to the appropriation and allocation of these program funds; (2) submit the One-Year Action Plan
to the HUD; (3) make minor non-substantial changes to the resulting agreements (which do not
affect the purpose, scope, approved budget and/or intent of the plans); and (4) extend the
expiration dates of said agreements when necessary; and further authorize the City Manager and
City Clerk to execute agreements with Sub-Recipients of CDBG and HOME program funds and
City interdepartmental agreements for recipients of CDBG, HOME and HOME-ARP program
funds; and
WHEREAS, the City had to submit its FY 2022 Action Plan to HUD by August 15, 2022;
and
WHEREAS, the One-Year Action Plan for FY 2022 was based upon the City's Federal
entitlement of$941,433.00 in CDBG funds and $676,153.00 in HOME funds; and
WHEREAS, the planning phase was initiated by the City on January 24, 2022, with the
issuance a Request for Proposals (RFP)for CDBG, HOME and HOME-ARP program funds; and
WHEREAS, no applications were received for HOME funds during this RFP process; and
WHEREAS, as part of Resolution No. 2022-32188, the Administration recommended that
$500,000.00 in HOME funds be allocated to the Housing Authority of the City of Miami Beach
(HACMB) for the replacement of the seawall ("Seawall Project") at 280-300 South Shore Drive
("Project Site"), which Project Site is part of the Vista Breeze affordable housing development;
and
WHEREAS, on August 6, 2021, HACMB, as landlord, and Vista Breeze, Ltd. ("Vista
Breeze"), a related entity of the Atlantic Pacific Companies, as tenant, executed an Amended and
Restated Ground Lease Agreement("Ground Lease"); said Ground Lease granting Vista Breeze
the right to develop the Project Site as well as other locations as affordable housing
developments, with the improvements being owned Vista Breeze during the term of the Ground
Lease; and
WHEREAS, simultaneously with this agenda item, in a separate City Commission agenda
item, the Administration is recommending the allocation to Vista Breeze of $503,970.00 in FY
2023 HOME funds, for gap funding for the Vista Breeze affordable housing construction project,
consisting of the new construction of 119 units in two buildings on Normandy Isles, located at
165-185 S. Shore Drive and 280-300 S. Shore Drive in Miami Beach; and
WHEREAS, HOME regulations require the project Sub-Recipient and owner of the
building/improvement to be constructed be the same entity; and
WHEREAS, in addition to the recommendation for HOME FY 2023 funding for the Vista
Breeze affordable housing construction project, the Administration seeks to amend Resolution
Number 2022-32188 to change the Sub-Recipient for the Vista Breeze Seawall Project from
HACMB to Vista Breeze, as the party who will be responsible for the Seawall Project and who will
own the seawall during the term of the Ground Lease.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend Resolution No. 2022-32188, which adopted the City's One-Year
Action Plan for federal funds for FY 2022, and included the approval of the allocation of
$500,000.00 in HOME funds to the Housing Authority of the City of Miami Beach (HACMB) for
the replacement of the seawall ("Seawall Project") at 280-300 South Shore Drive ("Project Site");
said amendment to the Resolution replacing HACMB, as the sub-recipient for the Seawall Project
award, with Vista Breeze, Ltd., as Vista Breeze has secured control over the Project Site and the
right to develop and own the improvements on the Project Site, pursuant to that certain Amended
and Restated Ground Lease Agreement, dated August 6, 2021, between HACMB, as landlord,
and Vista Breeze, as tenant. '
PASSED and ADOPTED this 078 day of J t , 2023.
ATTEST:
.,e :::27.-----"--------
7Dan Gelber, Mayor
II.�L. - 3 'ties
4
Ra ael E. Granado, City Clerk
h'\7,'t.`•.''' . �� APPROVED AS TO
ty ''''.C. . FORM&LANGUAGE
' Ir.4'"^ FOR E CUTION
i oo o 6`S-' Z�
` . t':76
Resolutions-C7 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Nina T. Hudak, City Manager
DATE: June 28, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2022-32188,
WHICH ADOPTED THE CITYS ONE-YEAR ACTION PLAN FOR FEDERAL
FUNDS FOR FY 2022, AND INCLUDED THE APPROVAL OF THE
ALLOCATION OF $500,000.00 IN HOME FUNDS TO THE HOUSING
AUTHORITY OF THE CITY OF MIAMI BEACH (HACMB) FOR THE
REPLACEMENT OF THE SEAWALL ("SEAWALL PROJECT") AT 280-300
SOUTH SHORE DRIVE ("PROJECT SITE"); SAID AMENDMENT TO THE
RESOLUTION REPLACING HACMB, AS THE SUB-RECIPIENT FOR THE
SEAWALL PROJECT AWARD, WITH VISTA BREEZE, LTD., AS VISTA
BREEZE HAS SECURED CONTROL OVER THE PROJECT SITE AND THE
RIGHT TO DEVELOP AND OWN THE IMPROVEMENTS ON THE PROJECT
SITE, PURSUANT TO THAT CERTAIN AMENDED AND RESTATED
GROUND LEASE AGREEMENT, DATED AUGUST 6, 2021, BETWEEN
HACMB,AS LANDLORD,AND VISTA BREEZE,AS TENANT.
RECOMMENDATION
The Administration recommends amending Resolution No. 2022-32188, which adopted the
Citys One-Year Action Plan and approved the allocation of $500,000 in HOME Investment
Partnership Program (HOME or HOME Program)funds to the Housing Authority of the City of
Miami Beach for the replacement of the seawall at 280-300 South Shore Drive.
BACKGROUND/HISTORY
The Five-Year Consolidated Plan is a federal requirement for all U.S. Department of Housing
and Urban Development (HUD) entitlement cities. The City of Miami Beach is a HUD-
designated entitlement city as determined by the decennial census information on population
growth lag, over-crowding, age of housing stock, and poverty. The City of Miami Beach has
been a Community Development Block Grant (CDBG)entitlement community since 1975. The
HOME Program was started in 1992 to provide funding specifically for affordable housing.
As an entitlement community, the City automatically qualifies for an annual allocation of federal
funding under HUD's grant programs. HUD requires each entitlement community to submit an
annual One-Year Action Plan describing how it will utilize funding and resources to address
priority needs identified in the City's Consolidated Plan. The One-Year Action Plan is a
Page 510 of 1808
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
Tel:305-673-7000 Ext 6955
COVER SHEET
Date: January 31, 2024
To: Alina T. Hudak, City Manager
jfifr From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres(c�miamibeachfl.gov
Re: TWO (2) COVENANTS IN FAVOR OF MIAMI-DADE COUNTY RELATING TO
EXEMPTION FROM EDUCATIONAL FACILITIES IMPACT FEE FOR ELDERLY
HOUSING RELATING TO THE VISTA BREEZE HOUSING PROJECT, WHICH
WILL BE CONSTRUCTED OVER THE LOTS LOCATED AT 165-185 SOUTH
SHORE DRIVE AND 280-300 SOUTH SHORE DRIVE, MIAMI BEACH,
FLORIDA; RESOLUTION NO. 2023-32638
Dear Madame Manager:
I hope all is well with you. Attached please find two sets of the above referenced
Covenants for execution, where indicated. Pursuant to the attached Resolution, the City
received approval to provide the Tenant, Vista Breeze, with HOME funds totaling
$1,003,969, of which $500,000 will be used to construct the seawall and the remainder, in
the amount of $503,969, will be used toward hard construction costs of this 119 unit
affordable housing project for the elderly. Since the project will serve the elderly, this
project qualifies for an exemption to the payment of Miami-Dade County educational
facilities impact fees.
Once fully signed, please contact Gloria Dieguez, at extension 26537, for retrieval.
Should you have any questions, please do not hesitate to call me.
Best regards,
cue Nwz.,,t1 J oy
Gisela Nanson Torres,
Senior Assistant City Attorney
Tel: 305-673-7000 Ext.26955/giselatorres(a�miamibeachfl.gov