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HomeMy WebLinkAboutDeclaration of Restrictive CovenantsThis Instrument Prepared By and Return To: City of Miami City Attorney's Office 444 S.W. 2° Avenue Miami, Florida 33130-1910 DECLARATION OF RESTRICTIVE COVENANTS 111111111111111111111111111111111111111111111 CFN 2009R0779572 OR Bk 27063 Pss 4435 - 4439; (5pss) RECORDED 10/28/2009 09:57:54 HARVEY RUVIN. CLERK OF COURT itIA!€I-DARE COUNTY, FLORIDA This Declaration of Restrictive Covenants (the "Covenant") made this 21 n day of October, 2009 by KIDCO Child Care, Inc., a Florida not- for -profit corporation (hereinafter referred to as "KIDCO"), is in favor of the City of Miami, a municipal corporation of the State of Florida (hereinafter referred tows the "City"). RECITALS WHEREAS, KIDCO holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); and WHEREAS, pursuant to R-09-0299, the Miami City Commission allocated Three Hundred Thousand Dollars ($300,000.00) in Community Development Block Grant funds ("CDBG Funds") to KIDCO for public facilities and improvement activities, specifically for the acquisition of the Property located at 242 NE 26 St., Miami, FL 33137; and WHEREAS, the City and KIDCO have entered into a Community Development. Block Grant Public Facilities and Improvements Agreement (the "Agreement") which sets forth the terms and conditions by which the City has provided the CDBG Funds to KIDCO; and WHEREAS, K DCO desires to make a binding commitment to ensure that the Property shall be restricted for use in accordance with the provisions of this Covenant; NOW THEREFORE, KIDCO 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 KIDCO, and its heirs, successors and assigns as follows: Section I. The recitals and fmdings 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 Property shall be restricted for use as a child care center primarily for children of low to moderate income families and individuals (as defined in 24 CFR Part 570), from the date hereof until November 1, 2025. 197318 Section 3. Term of Covenant: This Covenant shall remain in full force and effect and shall be binding upon KIDCO, its successors and assigns from the date hereof until November 1, 2025 ("Covenant Period"). Section 4. KIDCO covenants and agrees that during the Covenant Period, it shall not: (1) encumber or convey any interest in the Property, or (2) allow any change in the ownership or control of KIDCO, without the prior written consent of the City. Section 5. KIDCO covenants and agrees that in the event: (i) of a conveyance of any interest in the Property without the City's prior written consent, or, (ii) that KIDCO ceases to exist as an organization, KIDCO shall reimburse the City the full amount of the CDBG Funds. Section 6. In the event that during the Covenant Period the Property is no longer used as required in section 2 hereof, KIDCO shall pay to the City an amount equal to the current market value of the Property, less any portion of the value of the Property attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the Property. Section 7. 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 Property to determine whether the conditions of this Covenant are being complied with. Section 8. Amendment and Modification: This Covenant may be modified, amended or released 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 9. 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 10. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of KIDCO. Section 11. 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 12. Capitalized terms not defined herein shall have the meanings provided in the Agreement. 2 IN WITNESS WHEREOF, KIDCO 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: KIDCO Child Care, Inc. a Florida not -for -profit corporation By: 11i %s A .4�.Up4g4iaca Date: jo/ //i2 ct 3 ACKNOWLEDGMENTS STATE OF FLORIDA ) SS: COUNTY OF MUM-DADE ) THE REGOING INSTRUMENT was acknowledged before me on this 2/.a/ day of (0070 !' , 2009 by�/ /� /i /. e M. Ve/max c viz , as ; cje n of ide 0 (-Vis-/ �ae'gon behalf of The /c o+'-arc 'ion, who is personally known to me or who Q produced J Pr i ilel'ic j k e its as identi ation and did/d' , oath. My Commission Expires: Si l otary Public, State of Florida /4/b,i Printed Name of Notary Public tdAYRA ALBELO • Notary Public - Stale of Florida •a My Cantu. Expires Oct 20.2013 • Commission # DO 932264 Bonded through National Notary Assn. 4 OR BK 27063 PG 4439 LAST PAGE EXHIBIT A Legal Description of the Property Lot 6, Block 3, of Banyan Place, a subdivision, according to the Plat thereof, recorded in Plat Book 4, Page 75, of the Public Records of Miami -Dade County, Florida. Street Address: 242 NE 26th Street Miami, Florida 33137 5 M IAMI DIADE Memorandum cic: Date: July 15, 2010 To: Chairperson and Members Community Action Agency Board From: Dr. Joyce Price, Chairperson Executive Committee Subject: Executive Committee Minutes: July 14, 2010 The CAA Board Executive Committee met on Wednesday, July 14, 2010 at the Overtown Transit Village (OTV) Office for a "Special Meeting". The following members were in attendance: PRESENT ABSENT STAFF/VISITORS Dr. William Zubkoff Dr. Julio.Carrera Julie Edwards Dr. Joyce Price Christine King Andrea Walker Jane W. McQueen Teresa Leflore Lina Davis James Fayson EXCUSED Cassandra Alexander Marylin Rey Patrick Rolle John Hatcher Levy Kelly Kametra Driver Yvonne Ramirez Tonya Thomas Edward Dieguez Alton Sears Dr. Santarvis Brown Linda Gage Leflore Betty Bennett Marie Birts Ruthie White Lillie Williams Jay Flynn Marjorie York Lottie M Hines Ben Burton Rep. James Bush III Al Hardemon Roy Hardemon Nadie Mondestin Richard Chisholm Frank Emmert Thelma Garcia Nilsa Velazquez Katherine Sands Dr. Franklin Sands Bernard C. Poitier, Jr. I. CALL TO' ORDER.::: Dr. Joyce Price, 1st Vice Chair, called the meeting to order at approximately 4.10 p.m. She thanked everyone, including the Head Start delegate agency representatives for attending the special meeting. II. MOMENT OF SILENCE/INSPIRATIONAL MESSAGE Mr. Fayson gracefully gave the inspirational message and Dr. Joyce Price proceeded to open the floor for business. Mr. Benjamin Burton, Bylaws Committee Co -chairperson, requested to present his report early due to time constraints. Dr. Joyce Price allowed the agenda to be taken out of order to accommodate him. Mr. Burton reported that the Bylaws Committee met and reviewed the following two issues: A. Head Start/Early Head Start (HS/EHS) Impasse Procedures Mr. Burton expressed two (2) concerns with regards to the Head Start impasse Procedures: • The designation of four (4) hours for the arbitration meeting was too long. • The selection process to secure a third arbiter from the community to chair the Arbitration panel Mr. Burton reported that the recommendation of the committee was to accept the Impasse Procedures. He stated that Mrs. McQueen shared with the committee that the U.S. Department of Health and Human Services (HHS) will be making additional recommendations in the near future about the Impasse Procedures. He reported that Mrs. McQueen will provide the committee with an update in six months, if any, from HHS. B. 2010-11 Head Start/Early Head Start Policy Council Composition Mr. Burton reported that after an extensive discussion regarding whether or not the Head Start delegate agencies should be at the table, should they have a vote and/or have any formal say so as far as the process is concerned. The committee's overall recommendation is that the Head Start delegates should partake in the HS/EHS Policy Council Composition process for several reasons; primarily to be proactive and to gain knowledge about what's going on in the HS Policy Council. III. 'COUNTY'S PROPOSED FY:2010. , 2011 BUDGET Mrs. Edwards stated that she hopes that everyone present has had an opportunity to review the County Budget document, specifically the section that relates to CAA. She continued to state that there are numerous recommendations proposed for the department. She was happy to report that the County Administration included the CAA Board, Head Start Policy Council and staffs recommendation as it pertains to Head Start (HS) & Early Head Start (EHS). The first recommendations were as follows: • A combination of options to delegate 240 slots to delegate agencies /partner 500 slots ▪ Cut back days in HS by fifteen (15) days & by sixteen (16) days in EHS • Furloughing Head Start staff by four (4) days ■ Reduce contract by approximately $310,000 All of these recommendations combined will generate a net savings of $3.7 million dollars; therefore, leaving $500,000 dollars for the County to make up in general revenue support to identify all the funds needed to sustain the Head Start/Early Head Start program for the next fiscal year, which is roughly about $5 million dollars. The second recommendation on the proposed budget is looking at the total savings of delegating all of the Head Start and Early Head Start slots. Mrs. Edwards advised that this is a proposal and the Board of County Commissioners (BCC) will approve the County's budget in September 2010. She advised that the first BCC budget hearing will be held on Monday, September 13`h at 5:01 p.m. and the second and final hearing will be held on Thursday, September 23`d at 5:01 p.m. Mrs. Edwards commented that if the proposal is accepted, it also includes the elimination of ninety-four (94) positions in the Department's Table of Organization (TO). The ninety-four positions are direct service staff currently housed at the centers where the slots will be transferred to the delegates or partnered out to child care providers. She reported that the department, along with the Head Start Division personnel is presently in the process of identifying persons in those positions who will be impacted. She proceeded to state that the County will begin the process immediately even though the budget has yet to be approved by the Board of County Commissioners. This process has to start now without delay to ensure that all the necessary measures are being taken care of. A series of meetings with all the appropriate parties wilt take place to ensure the transition of teachers and staff, as well as the smooth operation of the program. Mrs. Edwards stated that if the BCC approves this proposal, the County Attorney's Office has advised her due to the unique circumstances, the County will have the ability to include language in the contract requiring the delegate agencies who are acquiring the slots to accept the current staff employed in these slots. All negotiations pertaining to this matter will have to take place with the delegates. Mrs. Edwards reported that the other impact is to eight (8) clerical staff in the Self Help Division. Last year, the department was supposed to reduce eight (8) of the clerical staff to the Neighborhood Service Centers but was fortunate to receive ARRA funding, and the department was able to sustain them. This year, unless there is additional ARRA funding, the department does not have the resources to support those jobs; those positions will be eliminated from the T.O. At present, all of the clerical positions are filled with the exception of one. In addition, there are four (4) transportation full-time vacant positions that will also be eliminated from the Department's T.O. A special meeting has occurred with those staff that will be directly impacted. Mrs. Edwards stated that as the County looks at ways to create greater efficiencies and downsize because of the deficit, it is figuring out ways of combining similar programs. She reported that in its effort it has concluded that Housing and Community Development (HCD) funding will be divided into three county departments: GSA, Housing Agency and CAA. In the proposal, there is a significant piece that speaks of moving the entire CDBG Home funding, and sum of the Neighborhood Stabilization Program (NSP) funds that are currently managed at HCD. Miami -Dade CAA, if approved by the BCC, will assume the responsibility for the 3 functions and operations of these programs. This transition will automatically increase the department's annual revenue from $96 million to $237 million; therefore, adding 39 positions to the department's T.O. A series of meetings will have to take place, whether or not it's approved by the BCC, in preparation for this transition. Mrs. Edwards stated that CM under its Energy Division already administers CDBG monies, Home Programs, and Surtax Programs; this conversion will simply be an expansion. She further stated that this is an enormous opportunity for the department to make a greater impact on the community. IV. CDBG FUNDING RECOMMENDATIONITO DELEGATE AGENCIES Mrs. Edwards apprised that at the last board committee meeting there was an item on the agenda regarding the CDBG allocation of approximately $1.7 million dollars from OCED for the rehabilitation of playgrounds. An internal process was developed and applications distributed to CAA and delegate agencies that are in need of funding. There was a cap on available funds. The funding recommendation from the committee after reviewing and making some adjustments was $1,215,390 which will be awarded among the ten (10) Head Start sites that were selected. The remaining funds will go towards the department's internal Head Start program playgrounds. The department is addressing those needs to rehabilitate CAA playgrounds in preparation for the Head Start review. Mrs. Edwards asked for the Executive Committee to pass this item. Dr. Zubkoff made a motion to approve the CDBG funding recommendations which was seconded by Mr. Fayson. The motion passed unanimously. V' LEGISLATIVE:ISSUES: AFFECTING COMMUNITY ACTION AGENCY Mrs. Edwards commented that every year, CAA advocates on behalf of its services and programs by participating in Washington every March and meet with the South Florida Congressional delegation to literally make them aware of ail the great work CAA is doing and encourage them to continue to ensure that CSBG, Head Start and any other funding CAA receives be included in the budget. It is imperative that these legislative discussions and advocacy efforts are continued to guarantee that CAA is at the forefront impacting the lives of the residents. Mrs. Edwards stated for the record, that any political groups that were interested in attending were given the opportunity to do so. She then requested Ms. Williams to introduce the guests from the community. Mrs. Williams announced that the specific reason for asking for representation of community leaders is to provide them an opportunity to familiarize themselves with CAA and its programs. The floor, at this time, was opened for comments. • Rep. James Bush III — Rep. Bush voiced his support and dedication to this department. • Lottie Hines, President of the Democratic Club — Ms. Hines also voiced her support and dedication to the department. • Hardemon Brothers — Mr. Roy Hardemon stated that he is an advocate of CM and OCED, and both Mr. Roy Hardemon and Mr. Al Hardeman are supportive of CAA and its programs. • Bernard Poitier, Jr. — Mr. Poitier also expressed his support to the department. Mr. Fayson extended an invitation to all guest speakers to join him at the monthly Issues/Self Sufficiency Committee meeting. He suggested that they contact CAA to get information regarding the next committee meeting. VI. OTHER BUSINESS Ms. York made the following announcements: • Health Care Fraud Training on Friday, July 23, 2010 at 1:30 p.m. at the James L. Knight Center. ■ Human Services Coalition is hosting a rallying against the budget cuts to social and art programs on Monday, July 19, 2010 from 5:00 p.m. — 7:00 p.m. in front of County Hall. e Unveiling of the Julia Turtle Statue on Wednesday, July 28, 2010 at 9:30 a.m. at Bayfront Park (near the Intercontinental Hotel). RSVP by call the Downtown Development Authority (305) 579-6674 ■ March on Women's Equality Day, 9'h Year Anniversary for Women's Right to Vote on August 26, 2010 from 6:00 p.m. — 8:00 p.m. VII ADJOURNMENT. There being no further business, the meeting was adjourned at approximately 5:05 p.m. Miami -Dade County Community Acton Agency Capitol Improvement CDBG Application Delegate Agency/Activity Location District Project Description Project Amount Other Funding CDBG Request Funding Approved National Objective Lubavilch Educational Center -17330 NW 7th 1 Miami, Florida 33169 1 Construction of a playground and awnings for protection $ 250,000 $ 50,000 $ 200,000 $ 120,000 Child Care Facility/ow-Moderate Clientele Lubavitch Educational Center - 17330 NW 7th 2 Miami. Florida 33169 1 Aircondlioner and Etevator Repair $ 379,203 $ 79.203 $ 300.000 $ 75,000 Child Care Facitityllow-Moderate Clientele Centro Mater Walker Park-800 West 281h Street Hialeah, Florida 33016 Centro Mater West - 8238 N.W. 103rd Hialeah Gardens. Florida 33016 Centro Mater Child Care - 418 S.W. 4th Avenue, Miami Florida 33010 5, 12 8 13 Building renovations to meet present building code as well as health and safety requirements $ 165,250 $ 4,800 $ 160,450 $ 150,000 Child Care Facility/Low-Moderate Clientele Family Christian Association of America 14701 MN 7th Ave, Miami Florida 33136 2 Develop architectural drawings and site plans $ 25,000 5 - $ 25.000 $ - Child Care Facility/Low-Moderate Clientele Family Christian Association of America- 14701 NW 7th Ave, Miami Florida 33136 2 Repair root damage, expand classroom space and playground to meet requirements, and install additional parking lot lights $ 75,000 $ - $ 75,000 $ 60,000 Child Care Facility/Low-Moderate Clientele KIOCO Child Care- 242 N.E. 26th Street Miami, Florida 33137 3 Facility rehabilitation of Early Head Start site $ 310.000 $ 110,000 $ 200.000 $ 175,000 Child Care Facility/Low-Moderate Clientele Kt0C0 Child Care - 5510 N.E. 2ndAve, Miami Florida 33137 KIDCO Child Care • 187 N.E. 55th Street, Miami Florida 33137 3 Facility rehabilitation of Head Start site $ 459,733 S 281,250 S 178.493 $ 150,000 Child Care Facility/Low-Moderate Clientele Le Jardin (al Homestead Hospital) 112 NW 12 Street, Homstead, Florida 33030 104 NW 12 Street, Homstead, Florida 33030 8 Constructional ageen Head Start Facility $ 1,251,721 $ 801,721 $ 450,000 5 350,000 Child Care Facility/Low-Moderate Clientele St Albans - 3465 Brooker Street Miami, Florida 33133 7 Energy Savihgs, Safely Enhancements $ 115,000 S - S 115,090 $ 100,000 Child Care FacilityB-ow-Moderate Chenlele SI Albans - 3465 Brooker Street Miami, Florida 33133 7 Renovate childcare facility $ 40,457 $ - $ 40,457 $ 35,000 Child Care Facility/Low-Moderate Clientele Total Funding CDBG Request $ 1,744,390 $ 1,215,000