HomeMy WebLinkAboutExhibit 4EXHIBIT "B"
RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this / day of &I0,6e,- 20 D , by
(?;71- D/ %4,'k �,��. , hereinafter referred to as the Owner, and Dade Heritage Trust
hereir(afier referred to as the Grant Recipient, and shall be effective for a period of ten years
frorn 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 I00
Southwest Ilth Street, 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 $350.000.00, 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 pan 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 rnade 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 IO% 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 CIerk 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.
2
IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
WITNESSES:
Vitness Signature
Witness Name Typed/Printed
Witness Signature
LL4'z (v
r
Witness Name Typed/Printed
The State of Florida
County of
Cc
L
4.44 5,w x-N"f Ave io'` poor
Owner's Address
City
I certify that on this date before me, an officer duly
above to lake acknowledgments, that
State
33130
Zip
authorized in the state and county named
I V(.'o l personally
(Name)
appeared as Ct4 1 N6'4I 5e/ for et lei'
(Officer) (Na of Corporation/Partnership)
known to me to be or who 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 Mir. ( C, , Florida on
Ofelia E. Perez
i, ': Commission !'DD22I3I9
:. s: • Expires: Jul ,26, 2007
,= Bonded Thru ci� ti •
Atlantic Bonding Co., inc.
[SEAL]
NotPublic in and for
The State of()✓� 4`
My commission expires:�J .2OD 1
3
itness Signatur
C.
Witne s Name Typed/Prince,
it) s Gv
Witness Name Typed/Printed
,J-
RANTRCMENT
/910 L.I: /..2.°ti - r
Grant Recipient's Address
94Z- . 3$/
City State Zip
The State of Florida
County of A.4,„;
I certify that on this date before me, an officer duty authorized in the state and county named
above to take acknowledgments, that J;,/„:cr y /e. )fla. flex personally
C (Name)
appeared as ( f: �-�- f ,/ f %-
PP ��rtc�c � r�� r for � � err t /'"kS' 04'
(Officer) (Name of Corporation'/Partnershjp)
known to me to be or who proved to my satisfaction that he/she is the person described in and
who executed the foregoing instrument.
Type of Identification Produced �f�nv er
Executed and sealed by me at r%/<<r,.„,
r,,14tilr Luis Ganzahet
Commission WDD321363
k�. WI Expires: Jun 29, 2008
4• ai it.� Bonded Thru
. """ ►Attkatic Bonding Co., taa
[SEAL]
's 7c'1A
The State of ,F//, r; din
My commission expires: •,,,79-0s-
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,
Florida 32399.0250.
4