Restrictive Covenant with Friends of the Bass Museum, Inc. 010/6 - -2?COG
RESTRICTIVE COVENANT
(Grantee leases land and building from Govt. Entity.)
THIS RESTRICTIVE COVENANT is hereby entered into this
day of , 20 , by City of Miami Beach, hereinafter
referred to as the "Owner"; Friends of the Bass Museum, Inc.,
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 Owner is the fee simple title holder of the building(s) and the underlying land
located at 2100 Collins Ave, Miami Beach, FL 33139, Miami-Dade County. A legal description
of the subject property is attached as Exhibit A and made a part of this covenant.
WHEREAS, the Grantee manages or leases the building(s) and underlying land from the
Owner City of Miami Beach. "Facility" is used herein to refer to the building(s) and the
associated land that will be used as a "cultural facility," as defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in the
amount of $500,000, to be administered by the Division and used only for the acquisition,
renovation, and construction of the cultural facility in accordance with Section 265.701(1), Florida
Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to require
the recordation of this restrictive covenant to ensure that the facility will be used as "cultural
facility," as defined herein, for at least (10) ten years following the 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 hereby agree to the following:
1.) This restrictive covenant shall run with the title to the land and the cultural facility,
encumber them, and be binding upon the Grantee, the Owner and their successors in interest for
ten (10) years following the execution of the grant award agreement.
2.) The grant award shall only be expended for
Project Title: Bass Museum of Art: Internal Expansion Project Phase 2 (17.9.200.566)
3.) The Parties agree that for the required duration of this covenant, all improvements to the
facility and the associated land, funded in whole or part by grant funds shall be owned by the
Owner.
4.) The Division has the right to inspect the facility and the associated land at all
reasonable times to determine whether the conditions of the grant award agreement and this
covenant are being complied with.
5.) The facility shall be maintained 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, such as: music, dance,
theatre, creative writing, literature, painting, sculpture, folks arts, photography, crafts, media
arts, and historical and science museums.
Page 1 of 5
6.) This restrictive covenant will be violated if the Grantee, the
Owner, or their successors in interest do not use or cease to use the
facility as a cultural facility, as defined herein, and as required by
Section 265.701(4), F.S., within ten (10) years following the execution
of the grant award agreement. 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 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.) The amount due as a result of Grantee's violation of this restrictive 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 paragraph (6.) is not repaid by the Grantee within
the time allotted, the Parties agree that the Division may obtain a stipulated judgment against
the Grantee for the amount due plus interest at the current legal rate, and record it in the
public records of the county where the facility is located. The Parties further agree that such a
judgment shall be a stipulated judgment by virtue of full execution of this restrictive covenant;
that it shall not require further approval of the Grantee to obtain; and that no trial or hearing
shall be necessary to make such a stipulated judgment legally effective. The Division shall
have the right to enforce the stipulated judgment by resorting to any legal or equitable
available remedy including an action for specific performance.
9.) As a condition to receipt of the 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 all fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division and to the Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
Page 2 of 5
IN WITNESS WHEREOF, the Grantee and the Owner hereby affirm
that they have read this restrictive covenant; that they understand and
agree to its terms; and that they hereby affix their signatures accordingly.
WITNESS : PARTIES:
, 401111Milb r / ' / /
/ / / i ' / "
at LIA f f/ /�
Firs 'tan ss Signature f GRANTEE E SIGNATURE
NJ COO Or+-eCCi 51., 4,,,p,., 6.,b,>,o,
First Witness Name (p*jpc) GRANTEE NAME (print)
5aAQI 111
Second Witness ignature GRANTEE ADDRESS
Tizi •GM{ J\ FL 3313
Second Witness Name (print) City
State Zip
/'�
The State of Florida County of t 14 i. 0461
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
/ IVi° Marl n -1.,/
ici
(Name) personally '�
appeared as of iti C , r'6 v�' for ileiond5 C 4J a &ciI1Z " ,Position
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he/she is the person described in and who ex-
ecuted the foregoing instrument. F
Type of Identification Produced Per
:, Or a i iV flohic 4 me,
Executed and sealed by me at fil/Cfj /S?c k'1 , Florida on /I/'/. 4'b
4:;11::,,, THOMAS J. BLACK II
s*]fi Corn rrmision#FF 897077 I Notary Public in and for
,�' ;=, My Commission Expires
": i's'i+,.. July 08. 2019 1 The State of 1Qt1C/C
.di *.2-1
7/ /
[SEAL] My commission expires: 1
Page 3 of 5
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Fi st Witness Signa ure 0 I•R SIG A URE
City rrf Miami Beach, Florida
/%- AEN- _ Grc ,1- o By: immy L. Morales, City Manager
First Witne Name(print) OWNER NAME (print)
1700 Convention Center Drive
,..,-,../... 7.;-,7 "
cond Witness Signature OWNER ADDRESS
4 Pg 6,-C/7/0 Miami Beach, Florida 33139
Witness Name (print) City State Zip
The State of Florida County of M AM I —DAt E
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
li`wintil ')\, -orct(es personally
--J (Name)
appeared as Ct U(L eY for 'ti r : �-1(Cl.t�u CCC(')
(Positieh) (Name of Qualifying Entity)
'••wn to m_ 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 KI Gl1' I Back- , Florida on ML�'i�'(Jp1 a-7/ Doi—1
Notary Public in and for
Y'P NNMA DE PINED° �ii2—
The State of t j
,_--z.
.gtai..Go4; �' l�iil C��� � �i�'1
•.u. : MY COMMISSION#FF 126641
t :, EXPIRES:September 26,2018
".''••••CoP�' Bonded ThruNotary Public Undenrriters i My commission expires:
I
Page 4 of 5 APPROVED AS TO
FORM & LANGUAGE
& FOR yECUTION
cRa...t.Ogr. ,2 - c 5 --(I)
City Attorney WAT Dote
For the Division of Cultural.Affairs
R.A, Gray Building
500 S. Bronough St.
Tallahassee, Florida 32303
Sandy Shaughnessy, Director
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
(Position) for the Florida Department of State, Division of
Cultural Affairsknown to me to be or proved to my satisfaction that he/she is the person described
in and who executed the fore oin
l g g 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:
Name: Teri Abstein
R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Page 5/5
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2. BEARINGS SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAD SKETCH" IS CORRECT AND MEETS THE STANDARDS
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LEGAL DESCRIPTION
BONG AN EASEMENT LYING IN A PORTION OF A "CITY PARK" PARCEL AS DESIGNATED ON
THE "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7,
MIAIMI-DADE COUNTY RECORDS, SAID "CITY PARK" PARCEL BEING BOUNDED ON THE NORTH
BY "OCEAN AVENUE" NOW KNOWN AS 22ND STREET, BOUNDED ON THE SOUTH BY "PARK
AVENUE" NOW KNOWN AS 21ST STREET, BOUNDED ON THE WEST BY "SOUTH STREET' NOW
KNOWN AS PARK AVENUE, BOUNDED ON THE EAST BY "PALM AVENUE" NOW VACATED, ALL
LYING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF SAID "CITY PARK" SAID POINT ALSO BEING THE
POINT OF INTERSECTION OF THE SOTHERLY RIGHT OF WAY UNE OF 22ND STREET AND THE
EASTERLY RIGHT OF WAY UNE OF PARK AVENUE; THENCE S 19'56'48"W ALONG EASTERLY
RIGHT OF WAY UNE OF SAID PARK AVENUE, A DISTANCE OF 44.67 FEET; THENCE
S69'54'57" E A DISTANCE OF 19.58 FEET TO THE POINT OF BEGINNING; THENCE S 81'43'52"
E A DISTANCE OF 37.14 FEET; THENCE S 0816'08" W A DISTANCE OF 57.03 FEET;
THENCE S 7011'50" E A DISTANCE OF 60.02 FEET; THENCE S 19'48'10" W A DISTANCE OF
37.09 FEET; THENCE N 7O11'50" W A DISTANCE OF 20.64 FEET; THENCE S 19'48'10" W A
DISTANCE OF 34.23 FEET; THENCE S 7011'50" E A DISTANCE OF 35.21 FEET; THENCE N
19'48'10" E A DISTANCE OF 2.70 FEET; THENCE S 7011'50" E A DISTANCE OF 8.00 FEET;
THENCE N 19'48'10' E A DISTANCE OF 59.06 FEET; THENCE S 7011'50" E A DISTANCE OF
32.47 FEET; THENCE S 19'48'10" W A DISTANCE OF 59.06 FEET; THENCE S 7011'50" E A
DISTANCE OF 8.00 FEET; THENCE S 19'48'10" W A DISTANCE OF 18.40 FEET; THENCE N
7011'50" W A DISTANCE OF 3.00 FEET; THENCE S 19'48'10" W A DISTANCE OF 40.39 FEET;
THENCE S 70'11'50" E A DISTANCE OF 3.00 FEET; THENCE S 19'48'10" W A DISTANCE OF
18.40 FEET; THENCE N 70'11'50" W A DISTANCE OF 8.00 htt1; THENCE S 19'48'10" W A
DISTANCE OF 59.00 FEET; THENCE N 7011'50" W A DISTANCE OF 32.22 FEET; THENCE N
19'48'10" E A DISTANCE OF 59.10 FEET; THENCE N 7011'50" W A DISTANCE OF 8.00 FEET;
THENCE N 19'48'10" E A DISTANCE OF 2.90 FEET; THENCE N 7011'50" W A DISTANCE OF
34.64 FEET; THENCE N 19'48'10" E A DISTANCE OF 10.03 FEET; THENCE S 7011'50" E A
DISTANCE OF 1.74 FEET; THENCE N 19'48'10" E A DISTANCE OF 11.47 FEET; THENCE N
7091'50" W A DISTANCE OF 96.76 FEET; THENCE N 19'48'10" E A DISTANCE OF 27.94
FEET; THENCE S 7091'50" E A DISTANCE OF 47.90 FEET; THENCE N 19'48'10" E A
DISTANCE OF 20.92 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 18.00 FEET, THE CHORD WHICH BEARS N 22'34'58" W, THROUGH A
CENTRAL ANGLE OF 118'34'00"; THENCE ALONG THE ARC OF SAID CURVE 37.25 FEET;
THENCE N 0816'08" E A DISTANCE OF 12.80 FEET; THENCE N 81'43'52" W A DISTANCE OF
10.15 FEET; THENCE N 1911'51" E A DISTANCE OF 38.61 FEET; THENCE S 78'29'43" E A
DISTANCE OF 2.83 FEET; THENCE N 0816'08" E A DISTANCE OF 49.54 FEET TO THE POINT
OF BEGINNING.
CONTAINING 21579 SQUARE FEET OR 0.5 ACRES MORE OR LESS.
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THE LEGAL DESCRIPTION AND THE
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PJ. RIGHT OF WAY LINES (60 RIGHT OF WAY
—— — —
r—SOUTHERLY 1yw LOC
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A ARC LENGTH
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(� IIs79�43E CD CHORD DISTANCE
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THE LEGAL DESCRIPTION AND THE
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FULL AND COMPLETE WITHOUT ALL
SHEETS (L-1 THROUGH L-3.)
iY i-� I 1 t s A �. ACCEPTED BY REVISED TITLE
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