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HomeMy WebLinkAboutDeclaration of CovenantsThis Instrument Prepared By and Return To: Kirk R. Menendez, Esq. City of Miami City Attorney's Office 444 S.W. 2ND Avenue Miami, Florida 33134-1910 EXHIBIT F DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Covenant") made this day of , 2008 by The Association for the Development of the Exceptional, Inc. (ADE), a Florida not -for -profit corporation (hereinafter referred to as "Property Owner"), 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 Association for the Development of the Exceptional, Inc. holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); and WHEREAS, The Association for the Development of the Exceptional, Inc. is developing a project on the Property, that will build a kitchen for use primarily as a training center, for adults with developmental disabilities (the "Project"); and WHEREAS, the City and the Property Owner, have heretofore entered into the Agreement which sets forth the terms and conditions pursuant to which the City provided the Property Owner the sum of Forty seven thousand eight hundred dollars ($47,800) to carry out public facilities and improvement activities as authorized by the City Commission through Resolution No. 96-551 adopted July 25, 1996; and WHEREAS, the City and the Property Owner executed an additional Agreement increasing the total compensation authorized for the project by $50,000 to a total of $97,800 as approved by City Commission Resolution No. 98-402.1 enacted on April l4, 1998; and WHEREAS, the City and the Property Owner executed an Amendment to the Agreement to extend the end date of the agreement to September 30, 2001 as approved by City Commission Resolution No. 01-0147 enacted on February 15, 2001; and WHEREAS, the City and the Property Owner executed an Amendment to the Agreement to extend the end date of the agreement to September 30, 2004 as approved by City Commission Resolution No. 01-0632 for automatic roll over of brick and mortar projects; and WHEREAS, the City and the Property Owner executed another Amendment to the Agreement to extend the end date of the agreement to September 30, 2005 as approved by City Commission Resolution No. 01-0632 for automatic roll over of brick and mortar projects; and WHEREAS, the City and the Property Owner executed another Amendment to the Agreement wherein the Property Owner was given the additional sum of One Hundred forty thousand dollars (S140,000) as approved by City Commission Resolution No. R-05-0477 enacted on July 28, 2005; and WHEREAS, pursuant to Resolution No. 06-0649, passed and adopted by the City of Miami Commission on November 9, 2006 which authorizes the extension and rollover- of these funds; and WHEREAS, pursuant to Resolution No. 07-0265, passed and adopted by the City of Miami Commission on May 10, 2007 which requires the Property Owner to comply with the following by September 30, 2007: • Have obtained all approved building permits. • Have commenced construction. • Have obtained full project funding. ; and WHEREAS, pursuant to Resolution No. 07-0695, passed and adopted by the City of Miami Commission on December 13, 2007 which authorizes the extension and rollover- of these funds; and WHEREAS, the Property Owner 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 Property Owner 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 Property Owner, 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 training center, for adults with developmental disabilities, 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 Requiren-,:mts, the Community Development Block Grant Special Project Agreement, as amended. of even date herewith between the Property Owner and the City relating to the CDBG Funds allocated by the City for the Project (the "Agreement") and/or the City. Section 3. Tenn of Covenant: This Covenant shall remain in full force and effect and shall be binding upon the Property' Owner, 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 CD 3G Requirements, the Agreement and'or the City :Covenant Period"). Section 4. The Property Owner is requred to (a) 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 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 Property Owner 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 Property Owner shall be deemed a conveyance of an interest in the Project. Section 6. The Property Owner 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 Property Owner ceases to exist as an organization, the Property Owner 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 Property Owner 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 fora period of five (5) years from the date of issuance of the 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 the Property Owner. 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, the Property Owner 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 Association for the Development of the Exceptional, Inc., 2801 North Miami Avenue Miami, FL 33127 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 ur 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: