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HomeMy WebLinkAboutExhibit 3AMENDMENT This Amendment to that Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and ("Sub -recipient") dated (the "Agreement") is entered into this day of , 2007. RECITAL WHEREAS, pursuant to Resolution No. , passed and adopted by the City of Miami Commission on the City and Sub -recipient, have heretofore entered into the Agreement which sets forth the terms and conditions pursuant to which the City provided Sub -recipient the sum of $ ); and WHEREAS, all the funds are subject to the same terms and conditions contained in the Agreement; NOW, THEREFORE, in consideration of the foregoing, the City and Sub - recipient hereby agree to amend the Agreement as follows: 1. ARTICLE III — TERMS AND PROCEDURES, SECTION 3.2 EFFECTIVE DATE AND TERM is amended as follows: The term of the contract is extended to September 30, 2008. 2. ARTICLE I - EXHIBITS AND DEFINITIONS, SECTION 1.1 EXHIBITS of the Agreement is amended to add EXHIBIT I — Form of Declaration of Restrictive Covenant. 3. ARTICLE I - EXHIBITS AND DEFINITIONS, SECTION 1.2 DEFINED TERMS is amended to add the following term: Declaration of Restrictive Covenant: A Declaration of Restrictive Covenants executed by the Subrecipient and to be recorded in the Public Records of Miami -Dade County, Florida in favor of the City of Miami to ensure that the Property is not sold or the use changes during the Covenant Period. 4. ARTICLE III — TERMS AND PROCEDURES, SECTION 3.3 OBLIGATIONS OF SUBRECIPIENT is amended to add the following section: 3.3.1 In connection with this Agreement, the City shall require that the Subrecipient execute a Declaration of Restrictive Covenants in the form cif Exhibit I, attached hereto, and to be recorded by the City. ronlick z.Sti 5. ARTICLE IX — REMEDIES, SUSPENSION, TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE is amended to add the following paragraph: Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT materially fails to comply with any term of this Agreement, the SUBRECIPIENT, at the sole discretion of the City, shall pay to the City an amount equal to the current market value of any real property, under the SUBRECIPIENT's control, acquired or improved in whole or in part with CDBG Funds (including CDBG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant), less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: Name Title Date SUBRECIPIENT Agency name address Miami, Florida zip a Florida for profit corporation Name: Title: CORPORATE SEAL: Date ATTEST: CITY OF MIAMI, a municipal Corporation of the State of Florida Priscilla A. Thorripson Date Pedro G. Hernandez Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: LeeAnn Brehm Date Jorge L. Fernandez Date Risk Management City Attorney This instrument Prepared By and Return To: Kirk R. Menendez, Esq. City of Miami City Attorney's Office 444 S.W. 2ND Avenue Miami, Florida 33130-1910 Exhibit I DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Covenant") made this day of 2007 by Agency Name- Community and Development Center, Inc., a Florida not- for -profit corporation (hereinafter referred to as "Agency Name- "), is in favor of the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, Agency Name- holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); and WHEREAS, Agency Name- is developing a project on the Property, that will (the "Project"); and WHEREAS, the City and Agency Name- , have heretofore entered into the an agreement ("Agreement") which sets forth the terms and conditions pursuant to which the City provided Agency Name- the ($ ) in Community Development Block Grant funds ("CDBG Funds") to carry out activities as authorized by the City Commission through Resolution on ; and WHEREAS, pursuant to City Resolutions No. passed and enacted on , Agency Name- was awarded additional funding to increase the total compensation authorized under the contract to $ ; and WHEREAS, Agency Name- desires to make a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Covenant; NOW THEREFORE, Agency Name- 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 Agency Name- , 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 Property: The Project shall be developed on the Property. The property shall be restricted for use primarily as a , for low -moderate income families and individuals, for a period of five (5) years, commencing on the date of issuance of all certificates of occupancy required for the Project or such longer period of time as may be prescribed by the CDBG Requirements, the Community Development Block Grant Special Project Agreement, as amended, of even date herewith between Agency Name- and the City relating to the CDBG Funds allocated by the City for the Project (the "Agreement") and/or the City. Section 3. Term of Covenant: This Covenant shall remain in full force and effect and shall be binding upon Agency Name- , its successors and assigns for a period of five (5) years commencing on the date of issuance of all certificates of occupancy required for the Project, or such longer period of time as may be prescribed by the CDBG Requirements, the Agreement and/or the City ("Covenant Period"). Section 4. Agency Name- is required to (a) reimburse the City of Miami completely (100%) if the Property is sold during the Covenant Period of 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 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, Agency Name - 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 Agency Name- shall be deemed a conveyance of an interest in the Project. Section 6. Agency Name- 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 Agency Name- ceases to exist as an organization, Agency Name - 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. Agency Name- covenants and agrees that any deed conveying the Property to a buyer shall contain the following restrictive covenant: "This property, in accordance with the Declaration of Restrictive Covenant executed in favor of the City of Miami, is subject to the following restrictions and requirements for a period of five (5) years from the date of issuance of the -2- certificate(s) of occupancy (the "Covenant Period"): (i) the property owner is required to reimburse the City of Miami completely (100%) if the Property is sold during the Covenant Period or if the use changes during the Covenant Period; (ii) the property owner is required to pay the City of Miami an amount equal to the current market value of the Property, less any portion 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; and (iii) that any purchaser or other prospective owner of the property during the Covenant Period must receive prior written approval of the City of Miami." Section 8. 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 9. 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. Section 10. 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 11. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of Agency Name - Section 12. 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 13. All capitalized terms not defined herein shall have the meanings provided in the Agreement. IN WITNESS WHEREOF, Agency Name- has 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: Agency Name - Address Miami, FL ZIP a Florida not -for -profit corporation By: Date: ACKNOWLEDGMENTS STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) THE FOREGOING INSTRUMENT was acknowledged before me on this day of , 2007 by as of , on behalf of who is personally known to me or who produced as identification and did/did not take an oath. My Commission Expires: Signature of Notary Public, State of Florida Printed Name of Notary Public -4-