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HomeMy WebLinkAboutAttachment Q-1Attachment Q-1 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS made this day of 200 by the undersigned hereinafter referred to as the "Declarant", WHEREAS, Miami -Dade County, acting through and on behalf of the Miarni-Dade County Homeless Trust, has applied for and received funds from the United States Government under Title IV of the Stewart B. McKinney Homeless Assistance Act; and WHERAS, Miami -Dade County agreed to comply with requirements of the United States Government in connection with the receipt of such funds; and 'WHERAS, pursuant to the 2 Supportive Housing Program Grant Agreement, which Miami -Dade County entered with the United States Government, acting through its U.S. Department of Housing and Urban Development (the "Grant"), Miami -Dade County is responsible for repaying the Grant in accordance with the provisions of 24 CFR part 583,Code of Federal Regulations; and WHERAS, Miami -Dade County, in the exercise of due diligence, must take steps to ensure that the Grant -funded capital project is used for its intended purpose for a term of at least 20 years from the date of initial occupancy or date of initial service; WHEREAS, Miami -Dade County requires that the subrecipient of the Grant, . referred to as the Declarant herein, impose a restrictive covenant on the subject land purchased with the capital funds • provided through this Grant; and Legal description: NOW THEREFORE, Declarant declares that said property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the:covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefits of said property and of each and every person or entity v,,ho now or in the future owns any portion or portions of said property. LAND USE — The subject Property and any rehabilitated structures Cr new construction thereon must be operated for the provision of supportive housing and services for homeless persons in accordance «nth the provision of 24 CFR part .83, Code of Federal Regulations (as may be amended from time to time) for a tei ' of at least 20 years or for such other purposes as may be approved by the U.S. Depa1ufent of Housing and L-rban Development. TERM — This covenant is to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date the original covenant was recorded, the date of initial occupancy, or date of initial service provision. whichever is later. ENFORCEMENT — Upon Declaration's, failure to comply with the requirements of this Declaration; the Declarant shall within 30 days of written notice ofnon-compliance and request for conveyance shall convey the subject property to Miami -Dade County. Enforcement shall be by proceedings at law or inequity against any person or persons violating or attempting to violate any covenant either to restrain violation, compel compliance with the provision of this declaration or recover damages. Such action may be brought by Miami -Dade County, or its successor in interest. SEVERABILITY — Invalidation of any of these covenants by judgement or court order shall in no wise affect the other provisions that shall remain in full force and effect. WITNESSES: DECLARANT: By: (Name of President) ATTEST: Secretary of the Board STATE OF FLORIDA SS. COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that the foregoing DECLARATION OF RESTRICTIVE COVENANTS was executed and acknowledged before me on this day of , 2004 by as ,of Personally Known OR Produced Identification Type of Identification Produced And by a, of . who is: Persona(iv known OR Produced Identification Tvpe of Identifiication Produced before me, a Notary public duly authorized in the State and county named above to take acknowledtments and who () did () did not take an oath. Witnesseth my 'hand and official seal in the State and County above, this. day of , 2004.