Loading...
HomeMy WebLinkAboutexhibit-1NOl1-18-2003 11: 51 CITY ATTORNEY'OFFICE 305 416 1804 P . 04/08 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 oftiliami-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 Buildina, 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, Nov THEREFORE, as part of the consideration for the State Brant, 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. N00-18-2003 11:51 CITY ATTOR.NEY'OFFICE 305 415 1804 P.05/08 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 Omer 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 co return of 80% of the original grant amount, 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of itiliami- Dade County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The O .tier and Grant Recipient agree that the Department shall incur no tax liability as a result of these restrictive covenants. NCO-18-2003 11:51 CITY ATTORNEY' OFFICE 7,05 416 1804 P.05/23 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 HOU-18-2003 11:51 CITY ATTORNEY" ©FF I CE 305 416 1804 P.0?/08 Witness Signature GRANT RECIP C.JkkeAJLe- D c.K_Jo4 /. 6 l W 7/1-vt, Witness Name Typed/Printed Grant Recipient's Address Witness Signature 1\c\aas .M1:16tA[( Witness Name Typed/Printed The State of �I�ri� County of / t .City I certify tl-,lar on this date before me, an officer above to take ac4cnowledements, that State 33 t'-1 Zip 1y.authorized in the state and county named personally (Name) appeared as 1)1A-31Dt-7)' fob f7( (fiL 1-)iif1J pi U t fjt&d. (Officer) ame of Corpora ttoniPartnershiptg,pu{, i4 known to me to be or who proved to my satisfaction that he/she is the person described in and?), who executed the foreeoing instrument. Type of Identification Produced Executed and seated by me at Florida on 1 E�ti� 200. . •• _ '�i��9y••rt", 'et"), [SEAL] taPublic in and The Stare of 04)14)9)1- My commission expires: 2 ( 41 tr-Li. 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 $ronougfti Street, Tallahassee, Florida 32399-0250. N01)-18-2003 11:51 CITY ATTORNIE`r ' OFF I rE 30.5 415 1824 P.08/08 LEuAL 2kf'-rk 3 Lots 19 thru 30 of "A.T. Carters Re -Subdivision of the west half of Block 13 N", according to the Plat thereof, as recorded in Plat Book S, Page 167 of the Public Records of Dade County, Florida ; leas the East 15 feet of lots 19 thru 24, and less that portion of lot 24 contained in the external area of a circular curve, concave to the Southwest, having a radius of 25 feet and tangents which are 25 feet south of and parallel with the centerline of N.w. 11 Street and 25 feet West of and parallel with the centerline of K.W. 4 Court; and less that portion of Lot 25 contained in the external area of a circular curve, concave to the Southeast having a radium of 25 feet and tangents which are 25 feet South of and parallel with the centerline of N.W. 11 Street and 25 feet East of and parallel with the centerline of N.W. 5 Avenue, containing 21,481.8 sq.ft. more or less (0.49 acres). cr-Opec-1 OO 0\ +.1. , ). ���. � E , M tr. N , ti , . t.a M raoCD.rarrar.Q DAT( trio oaraD 71, Ar.tii.4O it M Lb011M r Dip.wT+MM MC~AP Dfariatia'i *[M.+ M.$CANMD 6wN0 TO M irtwlto laud C..r4r+l Al •1+M4 411 /O M f f riff WM, CFA Tin Th yr Naomi .rrlDAR' Willori a Yr mem aritrwol rall.r►r ■ *um and cvr.a re rr Dr.r d +ar Inaillades in0 - r POICS+r Itodftered WSW COW w.a.sn SRO VW MIA Se n. Mint pow..r1o..C/Vryr� +wwa Ww.rri, in/ Afros ti w.w.ww illporKr .nwrw s.r WIN r► Bi. FLORIDA IO41I OF LAM bWvErOAi h.k,./. b ,d, in an FM swuw fnd CAINOW 7uo-141a Fl.Tya ikrrw.arorm Gee. Err+Mwwn M M atirr.a a r...rr f0.4 ra .r mid. .o A.rrnwor nIlOW eO vr•aN.ny„ d41/10C2.11114 PeMnh Laden IPS r►wMhGfb+ w Mom. on endow propMq awl mell MGapy is thhi'A .remil.0 r1 r41101101.066108 O.n.+ti+IO r SICyc1 I0 UMW WINS C(UUi1F1[D TO PROF( LAM SIAM/ OF FLOMOs. Jolii 0 =�. Tom_ ee.hu OA1F 12204- q ` J. BONFIa AND ASSOCIATES INC. Far REGISTERED LAND SURVEYOR STATE OF FLORIDA OM Cr •u itr.a r{.�, /lento 33144 I3O31 tit- IT TS Or No, .0111=1=1r �em..AbormwftWmftmimmilmw TOTAL F.©B