HomeMy WebLinkAboutBack-Up DocumentsRESTRICTIVE COVENANT
(Grantee owns land and building.)
THIS RESTRICTIVE COVENANT is hereby entered
into this day of , 20 , by
City of Miami, hereinafter referred to as "the Grantee;"
and the State of Florida, Department of State, Division of
Cultural Affairs, hereinafter referred to as the "Division".
WHEREAS, the Grantee is the fee simple title holder of the land and the
building(s) to be used as a cultural facility located at 212 NE 59th Terrace,
Miami, FL 33137, Miami -Dade County. A legal description of the subject
property is attached as Exhibit A and is made a part of this covenant.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities
Grant in the amount of $78,250, to be administered by the Division and used only
for the acquisition, renovation, and construction of the cultural facility, as required
by Section 265.701(1), Florida Statutes. "Facility" is used herein to refer to the
building(s) and associated land that will be used as a "cultural facility," as defined
herein.
WHEREAS, the Division has authority under Section 265.701(4), Florida
Statutes, to require that this restrictive covenant be recorded to ensure that the
facility will be used as "cultural facility," as defined herein, for at least ten (10)
years following execution of the grant award agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant
and in accordance with Section 265.701(4), Florida Statutes, the Parties agree to
the following:
1.) This restrictive covenant shall run with the title to the facility and the
associated land, shall encumber them, and shall be binding upon the Grantee and
its successors in interest for (10) ten years following execution of the grant award
agreement.
2.) The grant award shall only be expended for
Project Title: Little Haiti Cultural Center Renovations (20.c.cf.200.574)
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3.) For the required duration of this covenant, the Parties agree that the
Grantee shall own all improvements made to the facility and the associated land,
funded in whole or in part by grant funds.
4.) The Division has the right to inspect the facility at all reasonable times to
determine whether the conditions of the grant award agreement and this
covenant are being complied with.
5.) The Grantee shall maintain the facility as a "cultural facility," defined as a
building which shall be used primarily for the programming, production,
presentation, exhibition or any combination of the above functions of any of
the cultural disciplines defined in s. 265.283(7), F.S. These disciplines include,
but are not limited to music, dance, theatre, creative writing, literature,
architecture, painting, sculpture, folk arts, photography, crafts, media arts,
visual arts, programs of museums, and other such allied, major art forms.
6.) This restrictive covenant will be violated if the Grantee or its successors
in interest if the facility ceases to be used as a cultural facility, as defined
above, within ten (10) years following the execution of the grant award
agreement as required by Section 265.701(4), Florida Statutes. If the Grantee
violates this restrictive covenant, it shall repay the grant funds to Division
pursuant to the amortization schedule set forth below:
a. If the violation occurs within five (5) years following the execution of the
grant award agreement, 100% of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following
execution of the grant award agreement, 80% of the grant amount; c. If the
violation occurs more than six (6) but less than seven (7) years following the
execution of the grant award agreement, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years
following execution of the grant award agreement, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years
following execution of the grant award agreement, 35% of the grant amount;
and
f. If the violation occurs more than nine (9) but less than ten (10) years
following execution of the grant award agreement, 20% of the grant amount.
7.) Any amount due from the Grantee as a result of a violation of this re-
strictive covenant shall be due in full within 90 days of the violation, or some
other period of time as agreed upon by the parties
8.) If the entire amount due under the provisions of paragraph six (6) is not
repaid by the Grantee within the time allotted, the Parties agree that the Divi-
sion may seek a judgment against the Grantee for the amount due plus inter-
est at the current legal rate, and record it in the public records of the county
where the land and cultural facility are located.
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9.) As a condition to receipt of grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court
of Miami -Dade County, Florida;
b. Pay fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division.
10.) The Parties agree that the Division shall incur no tax liability as a result of
this covenant.
IN WITNESS WHEREOF, the Grantee hereby affirms that he/she has read
this restrictive covenant, understands and agrees to its terms, and hereby
affixes his/her signature accordingly.
PARTIES and WITNESSES:
GRANTEE SIGNATURE GRANTEE NAME (print)
First Witness Signature First Witness Name (print)
Second Witness Signature Second Witness Name (print)
GRANTEE ADDRESS
City
State Zip
The State of Florida
County of
I certify that on this date before me, an officer duly authorized in the state
and county named above to take acknowledgments, that
personally
(Name)
appeared as for
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he/she is the person de-
scribed in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My commission expires:
[SEAL]
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For the Division of Cultural Affairs:
R.A. Gray Building
Sandy Shaughnessy Director 500 S. Bronough St.
Tallahassee, Florida 32303
First Witness Signature First Witness Name (print)
Second Witness Signature Second Witness Name (print)
The State of Florida
County of
I certify that on this date before me, an officer duly authorized in the state and
county named above to take acknowledgments, that
personally
(Name)
appeared as for the Florida Department of State,
(Position)
Division of Cultural Affairs known to me to be or proved to my satisfaction that he/she is
the person described in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My commission expires:
[SEAL]
This document was prepared by the following individual:
Teri R. Abstein
R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
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