HomeMy WebLinkAboutR-99-0272J-99-301
3/29/99
RESOLUTION NO. 9 9- 272
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A RESTRICTIVE
COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR A PORTION OF FLAGAMI PARK, AS MORE
PARTICULARLY DESCRIBED IN SAID RESTRICTIVE
COVENANT, WHICH PARCEL IS CURRENTLY OCCUPIED
BY SOUTHWEST SOCIAL SERVICES PROGRAM, INC.
("PERMITTEE") PURSUANT TO A REVOCABLE PERMIT
DATED MARCH 2, 1987, AS AMENDED, SAID
COVENANT BEING REQUIRED BY THE STATE OF
FLORIDA, DEPARTMENT OF ELDER AFFAIRS, IN
CONSIDERATION OF A GRANT TO PERMITTEE IN THE
AMOUNT $29,000 FOR RENOVATIONS AND
ENLARGEMENT OF THE KITCHEN AND REMODELING OF
THE BUILDING TO PROVIDE ADDITIONAL SPACE FOR
PERMITTEE TO INCREASE ITS SERVICES; SAID
COVENANT TO RUN WITH THE LAND FOR A LIMITED
TERM OF FIVE YEARS FROM THE DATE OF
COMPLETION OF CONSTRUCTION.
WHEREAS, on March 2, 1987, the City of Miami issued a
Revocable Permit to Southwest Social Services Program,
Inc.(Permittee), for a twenty (20) year period, which Permit was
amended pursuant to Resolution No. 93-123, adopted
February 25, 1993, for use of a facility located in Flagami Park
at 25 Tamiami Boulevard, Miami, Florida, for the purpose of
serving meals and providing educational and recreational
activities to the elderly; and
WHEREAS, the Permittee requested financial assistance in
the amount of a $29,000 grant from the State of Florida
Department of Elder Affairs for renovations and enlargement of
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APP, 2 7 1999
Resolution No.
9 9 - 272
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the kitchen and remodeling of the building to provide additional
space for permittee to increase its services to the elderly; and
WHEREAS, in order to insure the funds be used for its
intended purpose, the State of Florida Department of Elder
Affairs requires that a restrictive covenant be placed on the
parcel for a term of five (5) years from the date of completion
of the construction; and
WHEREAS, the Restrictive Covenant provides that if the
property is used for any purpose other than a "senior" center, or
if usage of the building currently known as "Dr. Armando Badia
Center" is discontinued, or if the City conveys the property to a
third party not approved by the State within said five-year
period, the State shall be entitled to recover a pro-rata return
of its investment based on the number of years remaining in the
restrictive covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute a Restrictive Covenant, in substantially the attached
form, on a portion of Flagami Park as more particularly described
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in said restrictive covenant, requiring the parcel be used as a
"senior" center for provisions of services to the elderly
residents of the Miami/Flagami area; said covenant shall run with
the land for a period of five (5) years from completion of the
construction of improvements.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 27th day of April , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
_ becomes effective with the elapse of ten (10) dfrom th date of Cc ssicr
_ regarding same, without the Mayor exercisin veto.
ATTEST:
Nal J. Fo ..man, City Clerk
WALTER FOEMAN
CITY CLERK
APPRO A T FO AND CORRECTNESS: Itl
R I L
C ATT0
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l� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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77to Instrument prepared by:
Name:
Address:
PropertyAppralsers Parcelldcnt$catlon:
Grantees S.S. N or FEW N:
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT, executed this day of
1999, by The City of Miami, Florida, a government entity of the State of Florida, with
mailing address P.O. Box 330708, Miami, Florida 33233-0708, by and through its Board
of City Commissioners, hereinafter the "Property Owner," affects the following described
real property;
A portion of Lot "B", Block 3 of FLAGAMI 1ST ADDITION, as recorded
in Plat Book 17 at Page 66 of the Public Records of Dade County,
Florida, being more particularly described as follows:
Begin at the N.E. Corner of said Lot "B" thence South along the East
property line of said Lot "B" a distance of 207.0 feet; thence West a
distance of 70.00 feet; thence North a distance of 27.0 feet; thence West a
distance of 26.0 feet; thence North a distance of 130.0 feet to the
Southeasterly Right -of -Way line of Tamiami Boulevard; thence
Northeasterly along said Right -of -Way line of Tamiami Boulevard a
distance of 149.8 feet to the Point of Beginning.
Hereinafter referred to as the "Property."
In consideration for the receipt and usage of a Specific Appropriation 462 for the
sum of Twenty Nine Thousand Dollars and --- No/100 ($29,000) from the State of
Florida, Human Services (Department of Elder Affairs) Appropriations Act of 1998-99,
the Property Owner hereby makes the following declaration as to limitation, restrictions,
and uses to which the above described real property may be put, hereby specifying that
this declaration shall constitute a covenant running with the land, as provided by law, and
shall be binding on all parties and all persons claiming under them and on all future
owners claiming through them, for the benefit of the State of Florida, Department of
Elder Affairs, for the limited term of five (5) years from the date of construction,
renovation and repairs described below is completed. The declaration of restrictions is
designed for the purpose of complying with the conditions imposed by the Florida
Legislature on the above described grants and aids appropriation.
99- 272
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The following restriction and provisions shall be applicable for five (5) years:
1. The referenced Specific Appropriation shall be used solely for the expansion
of the kitchen area of the facility known as Dr. Armando Badia Center and
renovations and remodeling of the building known as "The Annex" on the
above described property.
2. If the above -described property is used for any purpose other than as a
"senior" center for provisions of services to the elderly residents of the
Miami/Flagami area or if usage of the building currently known as "Dr.
Armando Badia Center" is discontinued, or if the Property Owner conveys the
Property to a third party not approved by the State of Florida at any time
within the five-year period during which this restrictive covenant is in effect,
then the State of Florida shall;
a) be entitled to declare a breach of Specific Appropriation conditions
executed by the City of Miami concurrently with this Restrictive
Covenant document and;
b) recover a pro-rata return of its investment based on the number of
years remaining in this restrictive covenant, exclusive of attorneys
fees and costs.
3. If no breach of Specific Appropriation conditions is declared within the five
(5) year period, then this Restrictive Covenant shall be of no further force and
effect without further action of either the City of Miami or the State of
Florida.
4. This Restrictive Covenant shall be recorded in the Official Records of Dade
County, Florida, and all successors and assigns of the City of Miami to this
Property shall take notice of the restrictions and limitations on the above
referenced Property for the five (5) year period.
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IN WITNESS WHEREOF, , Florida, by and
through the _ has set its hand and seal on this
document on the day and year first above -written.
ATTEST: City of Miami, a government entity
of the State of Florida
By: -
Walter Foeman
City Clerk
Witness
Printed Name
Donald H. Warshaw
City Manager
STATE OF FLORIDA I hereby Certify that on this day, before me,
(COUNTY OF DADE) an a officer duly authorized to administer
oaths and take acknowledgments, personally
appeared known to me to be the person(s) described in
and who executed the foregoing instrument, who acknowledged before me that
executed the same, and an oath was not taken. (Check
one): Said Person(s) is/are personally known to me. Said person(s) provided
the following type of identification:
Notary Stamp Seal
3
Winess my hand and official seal in
the County and State last aforesaid
this day of
A.D. 1999.
Notary Signature
Printed Name
99- 272
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CITY OF MIAMI, FLORIDA 24
INTER -OFFICE MEMORANDUM
TO:
Honorable Mayor and DATE: APR 1 9 1999 FILE:
Members of The City Commission
SUBJECT: Restrictive Covenant for
a portion of Flagami Park
FROM: ]� a]d REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission approve the attached Resolution
authorizing the City Manager to execute a Restrictive Covenant, in substantially the attached
form, on a portion of .Flagami Park, requiring the property be used as a "senior" center for
provisions of services to the elderly residents of the Miami/Flagami area.
BACKGROUND:
On March 2, 1987, the City of Miami issued a Revocable Permit to Southwest Social Services
Program, Inc. (Permittee). This Permit was for a twenty (20) year period and provided for the
use of a facility located in Flagami Park at 25 Tamiami Boulevard, Miami, Florida, for the
purpose of serving meals to and providing educational and recreational activities for the elderly.
On February 25, 1993, the City Commission adopted Resolution 93-123 amending the permit to
provide additional space for the Permittee to expand its services.
The Permittee has requested financial assistance in the form of a Twenty Nine Thousand Dollar
and --- No/100 ($29,000) grant from the State of Florida Department of Elder Affairs. The
purpose of the funds is to expand and renovate the kitchen area and to enclose an existing
covered porch so Permittee may expand its services and accommodate additional clients. The
estimated cost of the construction is $31,225.00. Permittee shall be solely responsible for the
difference in costs or any additional amounts regarding the construction of improvements. The
State of Florida Department of Elder Affairs requires a restrictive covenant to be placed on the
property for a term of five (5) years from the date of completion of the construction, in order to
insure the funds are used for their intended purpose. In the event the City shall breach the
covenant, the City would be required to reimburse the Department of Elder Affairs a prorated
portion of the cost, based on the number of years remaining in the covenant.
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DHW: B: jr.r.MayotComm-RestrictiveCovenant
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