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HomeMy WebLinkAboutExhibit5This Instrument Prepared By and Return To: City of Miami City Attorney's Office 444 S.W. ?ND Avenue Miami, Florida 33130-1910 Exhibit I DECLARATION OF RESTRICTIVE COVENANTS Kirk R. Menendez, Esq. This Declaration of Restrictive Covenants (the "Covenant") made this day of , 2007 by The Alternative Programs, Inc., a Florida not- for -profit corporation (hereinafter referred to as "The Alternative Programs"), is in favor of the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, The Alternative Programs holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); and WHEREAS, The Alternative Programs is developing a project on the Property, that will (the "Project"); and WHEREAS, the City and The Alternative Programs, have heretofore entered into the Agreement which sets forth the terms and conditions pursuant to which the City provided Subrecipient the sum of seventy five thousand seven hundred fifty five dollars ($75,755) to carry out public facilities and improvement activities for the creation of a day care center as authorized by the City Commission through Resolution No. , passed and adopted on December 13; 2007; and WHEREAS, the City Commission adopted Resolution No. R-07-0303 on June12, 2007, wherein Subrecipient was allocated the sum of eighty five thousand seven hundred fifty five dollars ($85,755) to carry out public facilities and improvement activities for the renovation of the day care center, as authorized by the City Commission; and WHEREAS, the City Commission adopted Resolution No. R-07- on December 13, 2007, wherein the sum of ten thousand dollars ($10,000) was transferred to The Alternative Programs, Inc. to continue to carry out public facilities and improvement activities by completing the installation of the roof and the windows in their facility located at 151 NW 60 Street, Miami, as authorized by the City Commission; and therefore leaving a balance of seventy five thousand seven hundred fifty five dollars ($75,755) for the renovation of the day care center; and WHEREAS, The Alternative Programs desires to make a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Covenant; NOW THEREFORE, The Alternative Programs 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 The Alternative Programs 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 the certificates of occupancy and/or permits 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 The Alternative Programs 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 The Alternative Programs, its successors and assigns for a period of five (5) years commencing on the date of issuance of all certificates of occupancy and/or permits 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. The Alternative Programs 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, The Alternative Programs 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 Alternative Programs shall be deemed a conveyance of an interest in the Project. Section 6. The Alternative Programs 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 Alternative Programs ceases to exist as an organization, The Alternative -2- Programs 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. The Alternative Programs covenants and agrees that any deed convey ing 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 certificate(s) of occupancy and or required permits (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 The Alternative Programs . 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. -3- Section 13. All capitalized terms not defined herein shall have the meanings provided in the Agreement. IN WITNESS WHEREOF, The Alternative Programs 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: The Alternative Programs, Inc. 151 NW 60`h Street Miami, Florida 33127 a Florida not -for -profit corporation By: Name: Name Title: Title: Date: 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. Signature of Notary Public, State of Florida Printed Name of Notary Public My Commission Expires: