HomeMy WebLinkAboutExhibit BExhibit "6"
This instrument is prepared by and after recording in the public records please return to:
City of Miami Historic Preservation Div., Dept. of Planning
Attention: 1 EP Officer
444 SW god Av., 3'd Floor
Miami, F1. 33130-1910
CITY OF MIAMI
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
This Covenant (the "Covenant") is made the L\ day of AA.nw�n 20 Zy , by
t"tcckv,r7(r.�nbn,�� (hereinafter referred to as the '°Owner(sj", (a[I Owners must
sign, jointly and severally ore than 1 Owner), and in favor of the City of Miami, a Florida muncipal
corporation, whose principal address is 444 SW 20- Ave.. Planning Dept. , 3L4 Floor, Miami, FI. 33130 for
the purpose of the restoration, renovation or rehabilitation, of a certain property located at:
L43 ct nj 7G T , which is owned in fee simple by the Owner and is listed in the
National Register of Historic Places or locally designated under the terms of the City of Miami's local
preservation ordinance or is a contributing property within a National Register listed district or a
contributing property within a historic district under the terms of the City of Miami's local preservation
ordinance. The areas of significance of this property, as identified in the National Register nomination or V
local designation report for the property or the district in which it is located is (are): X. architecture,
history, archaeology. The Property (the "Property") is within the City of Miami comprised
essentially of grounds, collateral, appurtenances, and improvements. The property is more particularly
described as follows (include folio number and legal description, consisting of repository, book, and page
numbers). Folio:01-3207-040-0650
Lot 11, Block 9, of Amended Plat of Federal Way,
according to the Plat thereof, recorded in Plat Book 25, Page 6,
of the Public Records of Miami -Dade County, Florida.
In consideration of the exemption granted by the City of Miami, the Owner hereby agrees to the following
for the ten year period beginning on January lst after the improvements are substantially completed:
1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property
(Historic Resource) so as to preserve the architectural, historical, or archaeological integrity of the same
in order to protect and enhance those qualities that made the Property eligible for listing in the National
Register of Historic Places or designation under the provisions of the City of Miami's local preservation
ordinance.
This Covenant shall constitute a covenant running with the land and be binding upon the Owner, its
successors, heirs, representatives and assigns, effective upon recordation in the Public Records of
Miami -Dade County, Florida, for a term of ten (10) years.
2. The Owner agrees that no visual or structural alterations will be made to the Property without prior
written permission of the City of Miami's Historic Preservation Office.
The address of the Certified Local Government is:
CITY OF MIAMI
Preservation Office, Planning and Zoning Department
Third Floor, 444 SW 2"d Avenue
City: MIAMI Stale: FL Zip: 33130
Telephone:305-416-1423 fax: 305-416-2156
3 (Only for properties of archaeological significance) The Owner agrees to ensure the protection of the
site against willful damage or vandalism. Nothing in this Covenant shall prohibit the Owner from
developing the site in such a manner that will not threaten or damage the archaeological resource,
provided that permission for alteration of the site is obtained pursuant to 2 above
4. The Owner agrees that the City of Miami Preservation Office, their agents, and designees shall have
the right to inspect the Property at all reasonable times in order to ascertain whether or not the conditions
of this Covenant are being observed.
5. In the event of the non-performance or violation of the maintenance provision of the Covenant by the
Owner or any successor -in -interest during the term of the Covenant, the City of Miami's Historic
Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall take
action pursuant to s.196.1997(7), FIa.Stat. The Owner shall be required to timely pay the difference
between the total amount of taxes which would have been due in March in each of the previous years in
which the Covenant was in effect had the property not received the exemption and the total amount of
taxes actually paid in those years, plus interest on the difference calculated as provided in s.212.12(3),
Fla .Stat.
6. If the Property is damaged by accidental or natural causes during the Covenant period, the Owner will
inform the City of Miami's Historic Preservation Office in writing of the damage to the Property, including
(1) an assessment of the nature and extent of the damage; and (2) an estimate of the cost of
restoration or reconstruction work necessary to return the Property to the condition existing at the time of
project completion. In order to maintain the tax exemption, the Owner shall complete the restoration or
reconstruction work necessary to return the property to the condition existing at the time of project
completion on a time schedule mutaliy agreed by the Owner and the City of Miami's Historic Preservation
Office.
7. If the Property has been destroyed or severely damaged by accidental or natural causes, that is, if the
historical integrity of the features, materials. appearance, workmanship, and environment, or
archaeological integrity which made the property eligible for listing in the National Register of Historic
Places or designation under the terms of the City of Miami's preservation ordinance have been lost or so
damaged that restoration is not feasible, the Owner will promplty notify the City of Miami's Historic
Preservation Office in writing of the loss no later than 10 days following the date of such loss.
The City of Miami's Historic Preservation Office will evaluate the information provided and notify the
Owner in writing of its determination regarding removal of the Property from eligibility for tax exemption. If
the City of Miami's Historic Preservation Office determines that the property should be removed from
eligibility for tax exemption, it will notify the Miami -Dade County Property Appraiser in writing so that the
tax exemption can be cancelled for the remainder of the Covenant period. In such cases, no penalty or
interest shall be assessed against the owner.
8. If it appears that the historical integrity of the features, materials, appearance, workmanship, and
environment, or archaeological integrity which made the Property eligible for listing in the National
Register of Historic Places or designation under the terms of the City of Miami's preservation ordinance
have been lost or damaged deliberately or through gross negligence of the Owner, the City of Miami's
Historic Preservation Office shall notify the Owner in writing. The Owner shall have 30 days to respond
indicating any extenuating circumstances which show that the damage was not deliberate or due to gross
negligence. If the Owner cannot show such extenuating circumstances, he shall develop a plan for
restoration of the Property and a schedule for completion of the restoration. In order to maintain the tax
exemption, the owner shall complete the restoration work necessary to return the property to the
condition that existed at the time of project completion on a time schedule agreed upon by the owner and
the City of Miami's Historic Preservation Office. If the owner does not complete the restoration work on
the agreed upon time schedule, the City of Miami's Historic Preservation Office will report such violation
to the Miami -Dade County Property Appraiser and Tax Collector who shall take action pursuant to
s.196.1997 (7), Fla.Stat. The owner shall be required to pay the difference between the total amount of
taxes that would have been due in March in each of the previous years in which the Covenant was in
effect had the property not received the exemption and the total amount of taxes actually paid in those
years, plus interest on the difference calculated as provided in s.212.12(3), FIa.Stat
9, The terms of this Covenant shall be binding on the current Property owner, transferees, and their heirs,
vendees, successors, or assigns.
10. The Owner shall promptly record this Covenant in the Public Records of Miami -Dade County within 30
days of execution and shall furnish a certified copy of the recorded covenant to the City Historic
Preservatiion Officer within 30 days of the Covenant being recorded.
11. This Covenant shall be enforceable in specific performance and/or by any other civil action the City or
any other aggrieved party deems appropriate in a court of competent jurisdiction. Venue for all actions
shall be exclusively in Miami -Dade County, Florida. Florida law applies to the interpretation and
enforcement of this Covenant. In all actions all parities shall bear their own respective attorney's fees.
(SIGNATURES ON FOLLOWING PAGE)
e
WITNESSESS ( As to EACH SIGNATORY)
OWNER(S):
�: ► .11 /�I 11 r� 141of.f . Gvi vve- VL-4
Ft T WITN:.S ( Signature / Print N. me) Name Sis a Date
tO ' F
Sc 'D IT ( ignature/ Print Name)
Name
Slkature Date
NOTARY(FOR EACH SIGNATORY)
STATE OF FLORIDA )
COUNTY OF DADE )
f, f The foregoing inst ent vy s ),A,Dtowledged before me this 14 day of
202 Z byTr,1 �<� b�� , as Owner(s) of the, who is personally known to
me or who has produced lUk_. as ide tificatioa'rd who did/did not take an
oath.
My Commission Expires:
SS
4
4
'e vr�5 Zdi rr
40r7'., NotwjlbElaYA
Notary Public • State of Florida
Commission # NH 044962
"' My Comm, Expires Sep 21, 2024
LOCAL GOVERNMENT: City of Miami
ACCEPTED:
Kenneth Kalm'rs
Local Official Signature Date
Historic Preservation Officer
City of Miami
Arthur Noriega V.
City Manager
Signature Date
APPROVED AS TO LEGAL FORM:
Victoria Mendez, City Attorney