HomeMy WebLinkAboutExhibit 7This Instrument Prepared By and Return To:
City of Miami
City Attorney's Office
444 S.W. 2�"D Avenue
Miami, Florida 33130-1910
ATTACHMENT "I"
DECLARATION
OF
RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Covenant") made this day of
2009 by Greater Miami Boys' Clubs Foundation, Inc., a Florida not for -profit
corporation (hereinafter referred to as "Property Owner."), is in favor of the City of Miami, a
municipal corporation of the State of Florida (hereinafter referred to as the "City").
RECITALS
WHEREAS, Property Owner holds title to certain property located in the City of Miami,
Florida, as legally described on Exhibit "A" (the "Property"); and
WHEREAS, The Boys and Girls Club of Miami -Dade Inc. have been allocated funding
for Public Facilities and Improvements activities for the facility located at 2805 SW 32 Avenue,
Miami, FL 33137 (the "Project"); and
WHEREAS, the City and Property Owner have heretofore entered into an agreement
("'Agreement") which sets forth the terms and conditions pursuant to which the City provided Boys
and Girls Club of Miami -Dade the sum of one hundred and fifty thousand dollars ($150,000.00) in
Community Development Block Grant funds ("CDBG Funds") to carry out Public Facilities and
Improvement activities as authorized by the City Commission through Resolution No. 09- on
June 18, 2009 for the completion of the Project; and
WHEREAS, Property Owner desires to make a binding commitment to assure that the
Property shall be improved in accordance with the provisions of this Covenant;
NOW THEREFORE, Property Owner voluntarily covenants and agrees that the Property
shall be subject to the following restrictions that are intended and shall be deemed to be
covenants running with the land and binding upon Property Owner and its heirs, successors and
assigns as follows:
Section 1. The recitals and findings set forth in the preamble of this Covenant are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Use of Grant: The Grant shall be used exclusively for the construction
costs associated with public facilities and improvements of the Property.
Section 3. Use of Property: The Project shall be developed on the Property. Boys
and Girls Club of Miami -Dade, Inc. shall continue to provide youth services to low to moderate
income children, for a period of five (5) years, commencing on the date of final allocation of
funds ("Covenant Period") for the Project or such longer period of time as may be prescribed by
the CDBG Requirements, the Community Development Block Grant Public Facilities and
Improvement Agreement, as amended, of even date herewith between Boys and Girls Club of
Miami -Dade, Inc. and the City relating to the CDBG Funds allocated by the City for the Project
(the "Agreement") and/or the City.
Section 4. Property Owner is required to (a) reimburse the City of Miami 100% of
the amount of the grant actually disbursed for this Project if the Property is sold during the
Covenant Period or if the use changes during the Covenant Period and (b) pay the City of Miami
an amount equal to the current market value of the Property, less any portion (on a
prorated/percentage basis) of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to the Property, if the Property is sold during the Covenant
Period. If the Property is sold after the Covenant Period, there will be no requirement for
reimbursement of funds or payment relating to the market value of the Property.
Section 5. Except as provided in the Agreement, Property Owner covenants and
agrees not to encumber or convey any interest in the Project or the Property without prior written
consent as required by the Agreement. For the purposes of this Covenant, any change in the
ownership or control of the Property shall be deemed a conveyance of an interest in the Project.
Section 6. Property Owner covenants and agrees that in the event (i) of a conveyance
of any interest in the Project or the Property without the City's prior written consent, or, (ii) that
the Property ceases to exist as a business, the Property Owner shall be required to reimburse the
City completely. If the Property is sold after the term of the covenant, there will be no
requirement for reimbursement of funds.
Section 7. Inspection and Enforcement: It is understood and agreed that any official
inspector of the City shall have the right any time during normal working hours to enter and
investigate the use of the Project to determine whether the conditions of this Covenant are being
complied with.
Section 8. Amendment and Modification: This Covenant may be modified,
amended or released as to any portion of the Project by a written instrument executed on behalf
of the City and by the then owner of the fee simple title to the land to be affected by such
modification, amendment or release. Should this instrument be modified, amended or released,
the City Manager shall execute a written instrument in recordable form to be recorded in the
Public Records of Miami -Dade County, Florida, effectuating and acknowledging such
modification, amendment, or release.
IPA
Section 9. Severability: Invalidation of one of the provisions of this Covenant by
judgment of Court shall not affect any of the other provisions of the Covenant, which shall
remain in full force and effect.
Section 10. Recordation: This Covenant shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the sole cost and expense of Property Owner.
Section 11. This Covenant is a covenant running with the land. This Covenant shall
lapse and be of no further force and effect upon the expiration of the Covenant Period.
Section 12. All capitalized terms not defined herein shall have the meanings provided
in the Agreement.
IN WITNESS WHEREOF, caused this Declaration of
Restrictive Covenants to be executed by its duly authorized officers and the corporate seal to be
affixed hereto on the day and year first above -written.
ATTEST: Greater Miami Boys' Clubs Foundation, Inc.
2805 SW 32 Avenue
Miami, FL 33133
a Florida not for profit corporation
By:
Date:
ACKNONVLEDGMENTS
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DARE )
THE FOREGOING INSTRUMENT was acknowledged before me on this
2009 by
of on behalf of
who is personally known to me or who produced
identification and did/did not take an oath.
My Commission Expires:
day of
as
Signature of Notary Public, State of Florida
Printed Name of Notary Public
-3-
M,
in
EXHIBIT A
DECLARATION OF RESTRICTIVE COVENANT
Legal Description of the Property
ADDRESS:
2805 SW 32 Avenue, Miami, FL 33133
LEGAL DESCRIPTION:
16 54 419.92 AC M/L BOYS CLUB OF MIAMI PB 46-12 PB 46-12 UNNUMBERED
TRACT LOT SIZE 432115 SQUARE FEET
-5-