HomeMy WebLinkAboutagreement 2Historic Preservation Grant Award Agreement
Special Category Grants
Grant No. SC449
This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources,
hereinafter referred to as the Deparment. and the City of Miami Retired Police Officers Community Benevolent
Association. Inc.. a Florida not -for -profit corporation, hereinafter referred to as the Grantee. relative to the Historic
Black Police Precinct and Courthouse. hereinafter referred to as the Project, and is entered into this .j day of
Rl i^, � { wAR r . 200.
The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes
under the provisions of Section 267.06l'. Florida Statutes. The Grantee has applied for grant-in-aid assistance for
the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter
1A-35, Florida Administrative Code, which regulates Historic Preservation Grants -in -Aid. Subject to the limitations
set forth in this Agreement, grant-in-aid funds in the amount of 3300,000.00 (three hundred thousand dollars)
have been reserved for the Project by the Department. The Department and the Grantee agree as follows:
1. Scope of Work
The Project shall include the following authorized project work:
Rehabilitation of the building for use as classrooms and public meeting space to include:
a. Selective demolition;
b. Reroofing;
c. Restoration/replacement of svindows and doors;
d. Renewal of finishes; and
e. Related architectural and engineering services.
3.
Grant Period
The grant period is effective on the date of the final signing of the Grant Award Az Bement by ali parties and
ends on June 30. 2005. All grant funds must be expended or be encumbered under :he terms of a binding
contractual agreement by the Agreement ending date.
Disbursement of Funds
a. Grant funds may be paid in four installments. Grantees shall subtnit the four si_ned Requests for Advanced
Payment forms with this signed Grant .Award Agreement to initiate the grant. The first installment may be
requested by the Department upon full execution of the Grant Award Agreement. and for those projects
requiring Restrictive Covenants, submission of a complete copy of the Restrictive Covenants showing that it
has been recorded by the appropriate Clerk of the Circuit Court. The second payment may be requested
after the beginning of the second state fiscal quarter. The third payment may be requested after the
beginning of the third state fiscal quarter and receipt of the project progress and expenditure report for the
Project'stirst reporting period. The final payment of grant funds may be requested when the Grantee
demonstrates that the fiends have been encumbered under the terms of binding contractual agreement or
a treements, review and approval of project plans and specifications by the Department, and confirmation of
the Grantee's local cost share. However, this payment schedule shall be subject to the timely filing of
required reports and to any special conditions required by the Office of the Comptroller of the State of
Florida.
b. The Grantee shall temporarily invest surplus grant funds in an interest bearing a:zount. and interest earned
on such investments shall be returned to the Department quarterly.
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4. • Accounting Requirements
The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant
funds. This accounting system shall provide for: -
a. Accurate, current, and complete disclosure of the status alai] grant funds.
b. Records that identify adequately the application of funds for all activities related to the grant. In the
absence of a proper accounting system with amounts detailing the application of funds. a separate checking
account, containing only grant funds or specifically designated for grant funds, may be used.
c. Effective control over and accountability for all funds, property, and other assets.
d. Accounting records that are supported by source documentation (i.e., invoices, bills, cancelled checks) and
are sufficiently detailed to allow for a proper preaudit and postaudit.
Retention of Accounting Records
a. Financial records, supporting documents, statistical records, and all other records including electronic
storage media pertinent to the Project shall be retained for a period of five years after the end of the grant
period. If any litigation or audit is initiated, or claim made, before the expiration of the five year period, the
records shall be retained until the litigation, audit, or claim has been resolved.
b. The Grantee shalt make all grant records of expenditures, copies of reports, books, and related
documentation including electronic storage media available to the Department or a duly authorized
representative of the State of Florida for inspection at a reasonable time for the purpose of conducting
audits, examinations. excerpts and transcripts.
6. Expenditures
a. Alt expenditures tnust be directly related to the purpose of this grant and must be easily identified as such.
b. Project costs rnav not include any expenditure or cost not directly related to the purpose of this grant as set
forth in the scope of work.
No expenditures shall be made from these grant funds for any costs incurred prior to the date of this
Agreement unless authorized by the Department in writing prior to the expenditure.
d. These grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency.
e. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of
collection related to the Grant.
f. The Grantee shall not charge the Department for any travel expense without the Department's prior written
approval, Upon obtaining written approval, the Grantee shall be authorized to incur travel expenses to be
reimbursed in accordance with the provisions of Section 112.061, Florida Statutes.
Restrictive Covenants
With the exception of those properties owned by the State of Florida or the United States Federal Government,
as a condition for receiving grant funds, the Grantee shall have fully executed and duly recorded in the county in
which the property is located. the enclosed Restrictive Covenants agreeing to the continued maintenance, repair
and administration of the property receiving grant assistance in a manner satisfactory to the Department for a
period of ten years from the date of recordation by the appropriate Clerk of the Circuit Court.
8. Standards
The Grantee shall carry out all project '.work in compliance with the Secretary of the Interior's Standards for
Rehabilitation or the Secretary of the Interior's Standards for Archaeological Documentation, which are
incorporated by reference.
9. ' Review
Pursuant to Section 267.061 t.3)(i). Florida Statutes. the Grantee shall provide the Department an opportunity to
review and approve architectural documents for the project at the following points in their development:
a. upon completion of schematic design:
b. upon completion of design development and outline specifications; and
c. upon completion of working drawings and specifications, prior to execution of the construction contract.
10. Procurement Documentation
The Grantee shall submit complete bid documents and a copy of the final contract for construction work to the
Department for review and approval prior to final execution by the Grantee.
11. Progress and Expenditure Reports
The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every
reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department
within 30 days of the ending of a reporting period:
Within 30 days of completion of project work. the Grantee shall submit the completed "Final Progress and
Expenditure Report" form to the Department.
12. Notices. Schedules and Sponsorships
All publications, media productions, and exhibit graphics shall include the following statement in the same size,
type style, and location as the organization name:
"Sponsored in part by the State of Florida. Department of State, Division of Historical Resources, assisted by
the Florida Historical Commission."
All projects shall display a project identification sign in a prominent location at the Project site while work is in
progress. The sign must be a minimum of eight square feet in area, be constructed of plywood or other durable
material, and shall contain the following acknowledgment of grant assistance:
"This project has been financed in part with historic preservation grant assistance provided by the State of
Florida, Florida Department of State, Division of Historical Resources, assisted by the Florida Historical
Commission."
Any variation in the above specifications must receive prior approval by the Department. The cost of
preparation and erection of the project identification sign are allowable project cost_. Routine maintenance
costs of project signs are not allowable project costs.
13. Liability
a. The Department shall net assure any liability for the acts, omissions to act or negligence of the Grantee, its
agents, servants or employees: nor shall the Grantee exclude liability for its own acts, omissions to act or
negligence to the Deparment. The Grantee hereby agrees to be responsible for any injury or property
damage resulting. from any activities conducted by the Grantee, its agents, servants or employees.
b. The Grantee, other than a grantee which is the State or agency or subdivision of the State. agrees to
indemnify and hold the Department harmless from and against any and all claims or demands for damages
resulting from personal injury. including death or damage to property, arising our of any activities under this
Agreement and shall investigate all claims at its own expense.
c. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the
project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement,
including entering into subcontracts with vendors for services and commodities, provided that it is under-
stood by the Grantee that the Department shall not be Gable to the subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract.
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14. ' Non -Discrimination
The Grantee will not discriminate against any employee employed in the performance of this Agreement, or
against any applicant for employment because of race, religion, color, handicap, national origin, age, gender or
marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement.
15. Public Access
The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public
access to all documents or other materials subject to the provisions of Chanter 119, Florida Statutes, and made
or received by the Grantee in conjunction with the Agreement.
16. Termination of Agreement
The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its
obligations under this Agreement or anv other past or present grant award agreement with this Division or any
other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by
the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall
have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a
nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department
shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its
specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work
completed in accordance with this Agreement prior to notification of termination.
If the Grantee violates any of the provisions of this Agreement, the Department shall have the right to demand
the return of moneys delivered and withhold subsequent payments due under this or other grants. If notice of
termination is given, the Department shall not be liable for services rendered, expenses incurred or goods
delivered after receipt of the notification of termination.
17. Availability of Funds
The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are
withdrawn. this Agreement is terminated and the Department has no further liability to the Grantee beyond that
already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced
in proportion to the revenue shortfall.
18. Audit
a. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation
statement pursuant to Section 216.349, Florida Statutes.
b. All audits or attestations as described above shalt be submitted within six months of the close of the
Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations must
cover each of the Grantee's fiscal years for which grant funds were received or expended under this
Agreement.
19. Local Cost Share
The Grantee shall expend 5280,000,00 (two hundred eighty thousand dollars) in Local Cost Share funds for
the Project. The Grantee shall substantially justify to the Department all expenditures related to the Local Cost
Share. Any portion of the Local Cost Share not substantially justified will be reduced from the total amount of
the grant.
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20. Independent Capacity of Grantee
a. The Grantee, if not a State agency, arees that its officers, agents and employees, in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer, agent or employee of
the State of Florida. The Grantee, if not a State agency. is not entitled to accrue any benefits and any other
rights or privileges connected with employment in the State Career Service. The Grantee agrees to take
such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an
independent contractor and will not be considered or permitted to be an officer. agent or employee of the
State.
b. Grant funds cannot be used to pay for the services of a State employee for time for which the employee is
being paid by the State.
21. Conflict of Interest
The grantee shall comply with the laws of the State of Florida governing conflict of interest and standards
of ethical conduct, including Chapter 112, Part III, Florida Statutes. In addition, no grantee official,
employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve,
or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant
assisted project shall take part in any decision relating to such contract, subcontract or other agreement in
which he or she has anv financial or other interest, or in which his or her spouse, minor child, or partner, or
any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which
he or she has or is negotiating any arrangement concerning employment has such interest.
22. Governing Law
a. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and
enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall
perform its obligations hereunder in accordance with the terns and conditions of this Agreement.
b. If any terra or provision of this Agreement is found to be illegal and unenforceable, the remainder of this
Agreement shall remain in full force and effect and such term or provision shall be deemed stricken.
23. Preservation of Remedies
No delay or omission to exercise any right, power or remedy accruing to either parr. upon breach or default by
either parry under this Agreement, shall impair any such right, power or remedy of either parry; nor shall such
delay or omission be construed as a waiver of anv such breach or default, or any similar breach or default.
24. Non -.assignment
The Grantee shall not assign. sublicense or otherwise transfer it rights, duties or obii_ations under this
Agreement without prior written consent of the Department which consent shall not be unreasonably withheld.
The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida Administrative Code.
If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers
the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06,
Florida Statutes. or otherwise, the rights, duties and obligations under this Agreemen: shall also be transferred to
the successor government entity as if it were an original party to the Agreement.
25. Binding of Successors
This Agreement shall bind the successors. assigns and legal representatives of the Grantee and of any legal
entity that succeeds to the obligations of the Department.
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26. Notification
Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State. R. A. Gray Building, 500
South Bronough Street, Tallahassee, Florida 32399-0250 for the Department, and to City of Miami Retired
Police Officers Community Benevolent Association, Inc., 6102 Northwest 7th Avenue, Miami, FL, 33127,
for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change
of address. all notices shall be deemed delivered if sent to the above address.
27. Sovereign Immunity
Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or
increases the limits of its liability, upon entering into this contractual relationship.
28. Strict Compliance with Laws
The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in
strict conformity with all applicable laws and regulations of the State of Florida.
29. Copyright and Royalties
When publications, films, or sirnilar materials are developed, directly or indirectly, from a program, project or
activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of
State, Division of Historical Resources. The author may arrange for copyright of such materials only after
approval from the Department. Any copyright arranged for by the author shall include acknowledgment of
grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if
applicable. to the Federal Government, and to its officers, agents, and employees acting within the scope of
their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world for official
purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data
covered by the copyright.
30. Entire Agreement
This instrument embodies the whole Agreement of the parties. There are no provisions, terms, conditions, or
obligations other than those contained herein: and this Agreement shall supersede all previous communications,
representations or agreements. either verbal or -written, between the parties. No amendment or extension of this
Agreement shall be effective unless in writing and properly executed by the parties.
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All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their
designees. The Department and the Grantee have read this Agreement and have affixed their signatures:
DEPARTMENT OF STATE
JANET SNYDER MATTHEWS, Ph.D.
Director, Division of Historical Resources
CITY OF MIA:MI RETIRED POLICE OFFICERS COMMUiNITY BENEVOLENT ASSOCIATION, INC.
NT,
Signature of Authorized Official
y' t4. -\—
Typed Name and Title of Authorized Official
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ADDENDUM TO GRANT AWARD AGREEMENT NUMBER SC449
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be subject to audits
and/or monitoring by the Department of State as described in this Addendum to the Grant Award
Agreement.
MONITORLNG
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised, monitoring procedures may include, but not be limited to, on -site visits by Department of
State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures.
By entering into this agreement,. the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of State. In the event the Department of State
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department of State staff to the recipient regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB CircularA-133, as revised.
In the event that the recipient expends S300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised.. EXHIBIT 1 to this agreement indicates Federal resources awarded through the
Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of State. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by
the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill, the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than 3300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than S300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
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4. The Internet web addresses listed below will assist recipients in locating documents referenced in the text
of this agreement and the interpretation of compliance issues.
State of Florida Department of Banking and Finance (Comptroller)
http://www.dbf.state.fl.us/
Federal Office of Management and Budget Circulars Index
http://www.whitehouse.gov/ON133/grants/index.html#circulars
Governor's Office Initiatives, Florida Single Audit Act
hrtp:/fwww.mvflorida.com/mvflorida/government/governorinitiatives, fsaa/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
http://www.lez.state.fl.us/
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
S300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General. - EXHIBIT 1 to this agreement
indicates state financial assistance awarded through the Department of State by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of State,
other state agencies, and other nonstate entities. State financial assistance does not include Federal direct
or pass -through awards and resources received by a nonstate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statures. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than S300,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than 5300,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
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PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular
A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Division of Historical Resources
Bureau of Historic Preservation
Grants and Education Section
500 South Bronough Street
Tallahassee, FL 32399-0250
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required
by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville. IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-
133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART 1 of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department of State .for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the
recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the
recipient's audited schedule of expenditures of Federal awards directly to each of the following:
Division of Historical Resources
Bureau of Historic Preservation
Grants and Education Section
500 South Bronough Street
Tallahassee, FL 32399-0250
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Division of Historical Resources
Bureau of Historic Preservation
Grants and Education Section
500 South Bronough Street
Tallahassee, FL 32399-0250
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B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to the Department of State
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-I33, Florida
Statutes, and Chapters 10.550 -(local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for audits done in
accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying_ the reporting package.
PART IV: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of five years from the dare the audit report is issued, and shall allow the Department of State, or
its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Department of State, or its designee,
Comptroller, or Auditor General upon request for a period of three years from the date the audit report is
issued, unless extended in writing by the Department of State.
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program National Park Service, U.S. Department of the Interior, Historic Preservation Fund Grants -In -Aid,
CFDA # 15-904, S0.00.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
As contained in OMB Circular A-133
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SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project Florida Department of State, Acquisition/Restoration of Historic Properties, CSFA Number
45.031 S300,000.00 (three hundred thousand dollars).
COMPLL& 4CE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
As contained in the Compliance Supplement to CSFA Number 45.032.
The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature:
CITY OF MIAMI RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT
ASSOCIATION, INC.
Signature of Authorized Official
1r{` /'A l l �� C i Y\
Typed Name and -i ale of Authorized Official
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RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this day of , 200_, by
, hereinafter referred to as the Owner, and City of Miami
Retired Police Officers Community Benevolent Association, Inc. hereinafter referred to as the
Grant Recipient, and shall be effective for a period of ten years from the date of recordation by
the Clerk of the Circuit Court of Miami -Dade County, Florida.
WHEREAS, the Owner is the fee simple titleholder of the Property located at 1009
Northwest 5th Avenue, Miami, Miami -Dade County, Florida, as described in Exhibit A,
attached to and made a part hereof and
WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance
funds administered by the State of Florida, Department of State, Division of Historical
Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250,
hereinafter referred to as the Department, in the amount of S300.000.00, to be used for the
restoration and preservation of the property of the Owner as described in Exhibit A, and
WHEREAS, said State funds have been or will be expended for the purpose of preserving
the historic qualities of the property or contributing to the historic character of the district in
which the property is located,
Now THEREFORE, as part of the consideration for the State grant, the Owner and the
Grant Recipient hereby make and declare the following restrictive covenants which shall run
with the title to said Property and be binding on the Owner and its successors in interest, if any,
for a period stated in the preamble above:
1. The Owner and the Grant Recipient agree to maintain the property in accordance with
good preservation practices and the Secretary of the Interior's Standards for Rehabilitation.
2. The Owner and the Grant Recipient agree that no modifications will be made to the
Property, other than routine repairs and maintenance, without advance review and approval of the
plans and specifications by the Department's Bureau of Historic Preservation.
3. The Owner and the Grant Recipient agree that every effort will be made to design any
modifications to the Property in a manner consistent with the Secretary of the Interior's Standards
for Rehabilitation.
4. The Owner and the Grant Recipient agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to ascertain
whether the conditions of the Grant Award Agreement and these covenants are being observed.
5. The Owner and the Grant Recipient agree that these restrictions shall encumber the
property for a period of ten years from the date of recordation, and that if the restrictions are
violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule: -
a. If the violation occurs within the first five years of the effective date of these
covenants, the Department shall be entitled to return of the entire grant amount.
b. If the violation occurs after the first five years, the Department shall be entitled to
return of the entire grant amount, less 10% for each year past the first five. For instance, if the
violation occurs after the sixth anniversary of the effective date of these covenants, but prior to
the seventh anniversary, the Department shall be entitled to return of 80% of the original grant
amount.
6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Miami -
Dade County, Florida, and shall pay any and all expenses associated with their filing and
recording.
7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a
result of these restrictive covenants.
IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants for Grant Agreement No. SC449 and have hereto affixed their signatures.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello, City Attorney
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
By:
Joe Arriola, City Manager
350 Pan American Drive
Miami, Florida 33133
I certify that on this date before me, an officer duly authorized in the state and county named
above to take acknowledgements, that Joe Arriola, City Manager of the City of Miami,
personally appeared and is known to me to be or proved to my satisfaction that he/she is the
person described in and who executed the foregoing instrument.
Type of identification produced
Executed and sealed by me at Miami, Florida on , 2003
3
Witness Signature GRANT RECIPIENT
C.�ArCe.�c_e. Drc Ktr4
Witness Name Typed/Printed Grant Recipient's Address
Witness Signature
1 ow MR(G`k U
Witness Name Typed/Printed
The State of
County of j)
Tr,) a /no,
City
I certify that on this date before me, an officer
above to take acknowledgments, that
appeared as /)i/fSi DY.Yv►
(officer)
known to me to be or who proved to my satisfaction that he/she is the person described in ands
who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at ti Florida on 1 l 200-5.
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[SEAL]
otary Public in an
The State of
titr-g4)94-
My commission expires: 211141
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State Zip
ly_authorized in the state and county named
15 personally
(Name)
fo J Q( ! j. �' �aE�i ? a (C tf 6LE)`d
amtk
of Cor oration/Partnershi
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This instrument was prepared under the supervision of Frank R. Stockton, Attorney Florida Department
of State Division of Historical Resources,R.A. Gray Building, 500 South Bronough Street, Tallahassee,
Florida32399-0250.
A
EXHIBIT "A"
LEA& DESK 2.lPTtotJ
Lots 19 thru 30 of "A.T. Carters Re -Subdivision of the
West half of Block 13 N", according to the Plat thereof,
as recorded in Plat Book B, Page 167 of the Public
Records of Dade County, Florida ; less the East 15
feet of lots 19 thru 24, and less that portion of lot
24 contained in the external area of a circular curve,
concave to the Southwest, having a radius of 25 feet
and tangents which are 25 feet south of and parallel
with the centerline of N.N. 11 Street and 25 feet west
of and parallel with the centerline of N.W. 4 Court;
and less that portion of Lot 25 contained in the external
area of a circular curve, concave to the Southeast
having a radius of 25 feet and tangents which are 25
feet South of and parallel with the centerline of N.W.
11 Street and 25 feet East of and parallel with the
centerline of N.W. 5 Avenue, containing 21,481.8 sq.ft.
more or less (0.49 acres).
)sEt:b,cp : l Oo t1.1). S:4 A..
Tat FLA FLOOD aall/LNrCl MTl IMO DIMS 11- 04 5& _L.. pvaLlarlD eT 114 MOM) IiT►1 D4/iI1umm, O� .'0u o
a£OD tM IMM r OlvtairMT. DILaaATls Tit e4MwI1G (O O��O 10 ea pTt.1WD M1T.rar 2fl+1 .I!
CaralaeaiIT 111$ SSO 111.'eall ala0MO ¢.Hr■ 1S
leg Pt6/1Eer CERTIFY That the ~led SOLJNOARY SuRveY 01 the avows 0aacnere property r awe end ammo to the beet as
r�ur k n.wdpe one Whet as r.aMMy uvrq,ed vow out da.awn. also mu Wert re a0 Oboe prtxww enaoacnrharr& unless
eheaat. one mode tie rherrsnaaa T.o&racal standard& sal Iorlh by Itr FLORIDA BOARD OF LAND SURVEYORS, Pure...ri to s„a,o„
472 Cie Fie Steams and Chopp 21M-4-16 al Fiona' Ain amble re Cods Exawrnation 01 tar Mateo Of We ere hors n w rhea& to
d.mrrean recorded malrareenel. d any ahect.np the proprly LOtabbOn and t..fldt.Caboo of Yhitrar& or brace ade.Cara to the
properly wee not secars0 as iamb rd0rwuhtn ram not rig***** O,,Mrsrrrp r su iuCl 10 01**** I lime
C[RTIFICD TO
PAOFESS1OIRt aka VEY
S1ATE OF FLORIDA
DATE
Jaw
3iT- --- i
J. BONFILL AND ASSOCIATES INC.
REGISTERED LAND SURVEYOR STATE OF FLORIDA
also 1* Vie 61r..t Y,s.�, non,* 33144 130S)2i2-$775
For
Order No. l