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Home My WebLink AboutR-84-0570_ — YA S�;r a � t. xrSSi r �,i2`:•iR" ; 3^`T'°�� a r;, c ,, x"Y�._ _ s - RESOLUTION 140. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT SUBSTANTIALLY IN THE FORM ATTACHED HERETO FOR A PERIOD OF TEN (10) YEARS FROM THE DATE OF EXECUTION. WHEREAS, the City is the fee simple owner of the property located at 190 S.E. 12 Terrace, Miami, Florida, and legally described at Lot A, Block 3, of the Amended Plat of Hibiscus Place, according to the Plat as recorded in Plat Book 3, at Page 110, in the Public Records of Dade County, Florida; and WHEREAS, the City is eligible for Federal Historic Land Assistance Funds administered by the State of Florida; and WHEREAS, so that the City may receive this financial assistance, a restrictive covenant agreement is required by the State of Florida/United States Government; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the City Manager be authorized to execute a restrictive covenant agreement with the State of Florida, Department of State, Division of Archives, History and Records Management, substantially in the form attached hereto, for a period of ten (10) years from date of execution. CITY COMMISSION MEETING OF MAY 2! 1854 Maurice A. Ferre MAURICE A. FERRE MAYOR PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: Page 2 of 2 4 +1`it 00 MiKW, INTMO MEM60AN UM fit#.1 231 19$4 i OfUt ft ,"t l,Vf Gate DO E: +Clt t i�t�►get §usjEct: Raattictive covenant Agtaetaattt, statt Cf x� Flo tida REFERENCES: (For Commission Meeting Donal 16 StOft tt may 10t 1984) l � Property Manager ENCLOSURES: Resolution & Covenant `u a it is recommended that the City Commission authorize the City Manager to enter into a restrictive covenant agreement between the State of Florida, Department of State, Division of Archives, History and Records Management, for a period of ten (10) years from date of execution, said covenant running with the property located at 190 S.E. 12 Terrace, Miami, Florida. In 1977, the City acquired the property located at 190 S.E. 12 Terrace, legally described in Exhibit "A" attached, commonly known as the office of Dr. James M. Jackson, which was acquired for development as a historic site. Upon acquisition the property was then leased to Dade Heritage Trust, Inc., as a non-profit tax exempt corporation. to Trust was the public, ton a o preserve this landmark and operate it as a museum, op en regular basis. In order that the City receive Federal Historic Preservation Grant Assist- ance Funds, the State requires that the City abide by the following restrictive covenants which shall run with the title of the property and be toof binding on execution. Thers i � interest rictivefor a covenants are synopsized period as from date follows: 1. The City must pay for all maintenance and repairs to preserve the structure's historic integrity. 2. No alterations may be made without written permission from the State. 3. The State has the right to inspect the property at all reasonable times to determine if the conditions of the agreement are observed. " IRA rKY+54 ig }pry yy F a i i t 40 The property :Host be opened to the public no legs r� than 'jjaelve (it) days a yeah ; z r: Public Notice must be gdVertised when the Property will be opened to the public giving dates and times: F 'Phis documentation must be furnished to the State i historic Preservation Officer annually. The City Attorney has examined the agreement and has approved the same as to form and correctness, therefore, it is recommended that the City Com- mission authorize the City Manager to enter into a restrictive covenant between the State of Florida, DepartmentofState, of ten (0)iyears fromof dateof History and Records Management, for period execution said covenant running with the property located at 190 S.E. 12 Terrace, Miami, Florida. DRS:NMW:amw Encl.: As stated I 84wr 70 is fltade, and entered < into on -the - -- ��.b:�. -� 14>0 by the City of Miatni� a,,�n� onrpotation, hereinafter referrers to as "the Owner"t and is t fo►r eable by th-e State of plorida, Department of State # �iiVI.... of Archives, History and Records Management and the state Historic preservation Officer, hereinafter referred to as "the I nepartment", and shall be effective for a period of ten t10) years from the date of execution. WHEREAS, the Owner is the fee simple titleholder of property located at 190 Southeast 12th Terrace, Miami, Florida, hereafter referred to as "the Property", and otherwise identified as: Lot A, Block 3, of amended Plat of HIBISCUS PLACE, according to the Plat thereof as recorded in Plat Book 3 at Page 110 of the Public Records of Dade County, Florida; and WHEREAS, said property is listed on the National Register of Historic Places; and WHEREAS, the Owner has accepted federal historic preserva- tion grant assistance funds administered by the Department, pursuant to the current federal policies and procedures for the administration of historic preservation grant-in-aid assistance under the National Historic Preservation Act of 1966, as amended; and WHEREAS, said Federal funds have been or will be expended for purposes of preserving the qualities for which said property is listed on the National Register of Historic Places, or con- tributes to the historic character of a district so listed. NOW, THEREFORE, the Owner hereby makes and declares the following restrictive covenants which shall run with the title to said property and be binding on its successors in interest, if any, for the period stated in the preamble above: 3; The Owner agrees to assume the cost of the continued maintenance and repair of said Property so as to 94!w70 iz '• �['�t, 1. ,6 _ ilkA,yr� Y{@y LGDC ivo the arc �l �4.��titHLC� - t�t a�Ltof the tame gw hose qualities that mane the ptbpt}�'. el# N tiol n� 1: 9 t et 16if .'zit listing in the. or Covenent shall p�ohibit Places. Nothing in this Owner or'its successors in interest from see�t� financial assistance from any source or sdutces 4�1�__ e available to them. 2. The Owner agrees that no visual or structural alters- tions will be made to the Property without prior written permission of the Department. 3. The Owner agrees that the Department, its agents and designees shall have the right to inspect the Property t at all reasonable times in order to ascertain whether the conditions of the agreement are being or not observed. 4. The Owner agrees that when the Property is not clearly f j visible from a public right of way or includes interior work assisted with historic preservation grant funds, the Property will be open to the public no less than 12 days a year on an equitably -spaced basis and at other times by appointment. Nothing in this agreement will prohibit the Owner from charging a reasonable non- discriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. The Owner further agrees that when the Property is not open to the public on a continuing basis, and when the °j improvements assisted with historic preservation grant I -� funds are not visible from the public way, notification will be published in newspapers of general circulation in the community area in which the Property is located giving dates and times when the Property will be open to the public. Documentation of such notice will be furnished annually to the State Historic Preservation l Officer during the term of the agreement. 2 8 -570 .r �p r 5, a -M I All 1 m fi l _ L� . y HUIn'ARU V . GAKY - CITY cY MANAGER RECORDED: ATTEST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: fbAwmACOO V. M RIAM MAER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A4E GARCIA—PED OSA TY ATTORNEY GMM/wpc/ab/238 3 r. tu'd