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HomeMy WebLinkAboutExhibit EExhibit " E " 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 : Warren Adams, HEP Officer 444 SW 2nd Av., 3'd Floor Miami, Fl. 33130-1910 CITY OF MIAMI HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT This Covenant (the "Covenant") is made the day of , 20 , by (hereinafter referred to as the "Owner(s)", (all Owners must sign, jointly and severally if more than 1 Owner), and in favor of the Citv of Miami. a Florida muncipal corporation, whose principal address is 444 SW 2nd Ave. , Planninq Dept. , 3rd Floor, Miami, FI. 33130 for the purpose of the restoration, renovation or rehabilitation, of a certain property located at: , 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 local designation report for the property or the district in which it is located is (are): 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 Number and Legal Description set forth below. 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 1 st 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. 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 : Warren Adams, HEP Officer 444 SW 2"d Av., 3rd Floor Miami, Fl. 33130-1910 The address of the Certified Local Government is: CITY OF MIA1M1 Preservation Office, Planning and Zoning Department Third Floor, 444 SW 2nd Avenue City: MIAMI State: 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), Fla.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 mutally 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 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 : Warren Adams, HEP Officer 444 SW 2nd Av., 3rd Floor Miami, FI. 33130-1910 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), Fla.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 promply record this Covenat 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 partties shall bear their own respective attorney's fees. (SIGNATURES ON FOLLOWING PAGE) 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 : Warren Adams, HEP Officer 444 SW 2"d Av., 3rd Floor Miami. Fl. 33130-1910 WITNESSESS (As to EACH SIGNATORY) FIRST WITNESS ( Signature / Print Name) SECOND WITNESS ( Signature/ Print Name) NOTARY(FOR EACH SIGNATORY) STATE OF FLORIDA ) OWNER(S): Name Signature Date Name Signature Date ) SS COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 201 by as Owner(s) of the, who is personally known to me or who has produced as identification and who did/did not take an oath. Printed Name: Notary Public My Commission Expires: LOCAL GOVERNMENT: City of Miami ACCEPTED: Warren Adams Local Official Signature Date Historic Preservation Officer City of Miami Daniel J. Alfonso City Manager Signature Date APPROVED AS TO LEGAL FORM: Victoria Mendez, City Attorney