HomeMy WebLinkAboutR-99-0723i
J-99-1019
9/28/99
0 N" J rl c.D
RESOLUTION NO. 0 " M �� fj
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF BUILDING
AND ZONING TO ISSUE BUILDING PERMITS,
CONTINGENT UPON CONCURRENT PROCESSING FOR
FINAL PLATTING APPROVAL AND PLAT RECORDATION,
FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSING
RESIDENTIAL PROJECT AT THE SITE KNOWN AS "NEW
HOPE OVERTOWN SUBDIVISION, TENTATIVE PLAT
NO. 1507-A", LOCATED BETWEEN NORTHWEST 6"
AND 8':; STREETS FROM NORTHWEST 5:'' TO 6r" 1
AVENUES, MIAMI, FLORIDA; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH a
B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH
FLORIDA, INC. FOR SAID PURPOSE.
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WHEREAS, B.A.M.E. Development Corporation of South Florida,
Inc. ("BAME") desires to commence construction on a certain
parcel of land currently owned by the City of Miami, known as the
New Hope Overtown Subdivision, located between Northwest 61h and
a
81,h Streets from Northwest 5`h to 61h Avenues, Miami, Florida, on
which parcel of land BAME contemplates the construction of an
affordable housing residential development; and
WHEREAS, the New Hope Overtown Subdivision Tentative Plat
e
No. 1507 was approved by the City of Miami Plat and Street
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ATTACHfe,C,H I (Ss,
CITY CC}RVMSSIGN
MEETUIG OF
IOJ99
Hdaolution No.
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Committee on May 1, 1997, subject to certain conditions; and
WHEREAS, pursuant to Section 55-7(e) of the City Code, that
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tentative plat approval was valid for a period of, two years
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(i.e. until May 1, 1999); and
WHEREAS, in accordance with approval of the City Commission
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' on September 9, 1997, the City of Miami and BAME entered into
that certain Agreement Relating to the Issuance of Building
Permits While Platting is in Progress, dated August 27, 1998 (the
"Agreement"); and
WHEREAS, pursuant to said Agreement, BAME had until May 1,
j 1999, to obtain final plat approval, record the plat in the
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Official Records of Dade County, Florida and obtain legal title
I to the Property from the City of Miami; and
WHEREAS, the City of Miami Plat and Street Committee, at its
meeting of February 4, 1999, approved Tentative Plat
Number 1507-A (the "Plat"), subject to the satisfaction of
certain conditions; and
I WHEREAS, pursuant to Section 55-7(e) of the City Code, that
1 tentative Plat approval will be valid for a period of two years
(i.e. until February 4, 2001); and
WHEREAS, BAME anticipates it will take several months to
resolve the conditions of the tentative Plat approval; and
WHEREAS, BAME is desirous of having the City of Miami issue
building permits to commence construction consisting of
horizontal only infrastructure improvements specifically to be
described in the Agreement (the "Improvements"), within the
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boundaries of the Plat prior to final Plat approval and Plat
recordation; and
WHEREAS, the City of Miami may not ordinarily issue building
permits to developers for the construction of improvements within
the boundaries of a tentative plat prior to final plat approval
and recordation thereof; and
WHEREAS, pursuant to Section 55-10 (f) of the City Code, the
City of Miami may, and BAME has requested the City of Miami to,
authorize the issuance of building permits for the construction
of the Improvements within the boundaries of the Plat, prior to
final Plat approval and Plat recordation;
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
instruct the Director of Building and Zoning to issue building
permits contingent upon concurrent processing for final platting
approval and plat .recordation for the development of an
affordable housing residential development, at the site known as
"New Hope Overtown Subdivision, Tentative Plat No. 1507-A",
located between Northwest 61' and 81h Streets from Northwest 5`" to
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6th Avenues, Miami, Florida.
Section 3. The City Manager is hereby authorizedll to
execute an agreement, in substantially the attached form, with
B.A.M.E. Development Corporation South Florida, Inc. for said
purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�'
PASSED AND ADOPTED this 28th day of September 1999.
JOE CAROLLO, MAYOR
In nccnreance will, Ni^r^i C-dc Sec. 2-26, since the id,avor did not indicate approval of
this ^; ".Itian by signing it in the designtlea c h!ofi t(
becomes effective with the elapse of ten (10) days
regarding same, without the Mayot exercising agto.
ATTEST: t •cuman, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVE�ASrOV"-j /DCORRECTNESS:ti
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r 50 ILARELLO
I XTTORNEY
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W3,9f71 : 1 r : BSS
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
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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AGREEMENT
BETWEEN
CITY OF NIIANII
AND
B.A.M.E. DEVELOPMENT CORPORATION
OF SOUTH FLORIDA, INC.
RELATING TO
THE ISSUANCE OF BUILDING PERMITS
WHILE PLATTING IS IN PROGRESS
This Agreement entered into this __ day of , 1999, by and between the City
of Miami, Florida, a municipal corporation organized and existing under the laws of the
State of Florida, its successors and assigns, hereinafter referred to as "CITY";
AND
B.A.M.E. Development Corporation of South Florida, Inc., its successors and
assigns, hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, DEVELOPER, desires to commence construction on a certain parcel
of land currently owned by CITE', legally described in Exhibit "A" attached hereto, and
hereinafter referred to as the New Hope Overtown Subdivision (the "Property"), on which
parcel of land DEVELOPER contemplates the construction of an affordable housing
residential developnicni (the "Project"); and
WHEREAS, the New hope Overtown Subdivision Tentative Plat No. 1507 was
approved by the City of Miami Plat and Street Committee on May 1, 1997, subject to
certain conditions; and
WHEREAS, pursuant to Section 55-7(e) of the City Code, that tentative plat
approval was valid for a period of two years (i.e., until May 1, 1999); and
WHEREAS, in accordance with approval of the City Commission on September
9, 1997, CITY and DEVELOPER entered into that certain Agreement between City of
09- ri o
Miami and D.A.M.E. Development Corporation Relating to the Issuance of I3uilding
Permits While Platting is in Progress. dated August 27. 1998 (the "Agreement'): and
WHFIZE'AS. pursuant to the agreement. DIA"FLOPER had until May 1. 1999. to
obtain final plat approval. record the plat in the Official Records of Dade Count\-. Florida
and obtain legal title to the Propert\ from CITY. and
\\`HERFAS, the Cite of' Miami Plat and Street Committee. at its meeting of
February 4. 1999. approved Tentative Plat Number 1507-A (the "Plat'). suI?ject to the
satisfaction of certain conditions: and
pursuant to Section 55-7(e) of the City Code, that tentative Plat
approval will be valid for a period oftwo years (i.e. until February 4. 2001), and
\k'HERFAS. DEVELOPER LOPLR anticipates it will take several months to resolve the
conditions ofthe tentative Plat approval, and
WHEREAS. DE-VI_LOPER is desirous of having CITY issue building permits to
commence construction consisting of horizontal only infrastructure improvements
specifically described on Exhibit " B3 attached hereto and made a part hereof, (the
"Improvements"). within the boundaries of the Plat prior to final Plat approval and Plat
recordation: and
W iI RE'AS. CITY may not ordinarily issue building permits to developers for the
construction of improvements within the boundaries of a tentative plat. prior to final plat
approval and recordation thereof-, and
WHEREAS. pursuant to Section 55-10(f) of the City Code, CITY may, and
DEVELOPER has requested CITY to, authorize the issuance of building permits for the
construction of the Improvements within the boundaries of the Plat, prior to final Plat
approval and Plat recordation-, and
\N`1IEREAS. to entice CITY to agree to the issuance of the above mentioned
building pernits prior- to final Plat approval and Plat recordation, DEVELOPER has
agreed to (a) pay all applicable regulatory fees; (b) acknowledge that in commencing
construction and making expenditures in connection therewith, prior to final Plat
approval and Plat recordation, DEVELOPER is proceeding at its own risk and agrees to
indemnify and held harmless CITY in connection therewith; (c) cease all construction
and relinquish any and all rights to Improvements constructed on the Property to CITY in
the evert the Plat is not recorded within the Recordation Period, as hereinafter defined;
(d) acknowledge that nothing in this Agreement shall prejudice CITY's right to impose
conditions on approval of the Plat nor shall CITY be estopped from enforcing the terns
of this Agreement by reason of its issuance of building permits; (e) acknowledge that the
issuance of building permits is not a grant of any vested right whatsoever for
DEVELOPER to use or complete construction of the Project within the boundaries of the
Plat; and
N�'IIERE,,%S, pursuant to Resolution Number 99-723. adopted by the City
Commission of' the City of Miami on September 28. 1999. CITY was authorized to issue
building permits t:or the Property while "tentative Plat Number 1507-A is in progress. and
authorized the Cite Manager to enter into an agreement setting firth the conditions
therefor: and
WHEREAS, subject. to the terms and conditions set firth in this Agreement and in
accordance with Section 55-10(1) of the City Code and other applicable laws. CITY
hereby agrees to issue building permits for the Improvements prior to final Plat approval
and Plat recordation: and
WIIERF'AS, the parties recognize and acknovdedge that this Agreement is
intended to and will facilitate the DEVELOPER's ability to retain its private financing for
the construction of the Project, and the construction of the Improvements within the
boundaries of the Plat by DEVELOPER during the time that preparation for the
recordation of the Plat of the Propene is proceeding:
NOW'. THEREI=ORE. IN CONSIDERATION of the promises and mutual
covenants hereinafter contained, the parties do agree as follows:
The above recitals are true and correct and incorporated herein by this reference.
2. Subject to the teens and conditions set forth herein below and in accordance with
Section 55- f 0(f) of the City Code and other applicable laws CITY hereby agrees to
issue building permits for the construction of horizontal only, infrastructure
improvements identified on Exhibit "B" within the boundaries of the New Hope
Overtown Plat prior to final Plat approval and Plat recordation.
DEVELOPER agrees as follows:
(a) DEVELOPER shall pay to CITY all actual or estimated permit and other
applicable regulatory fees associated with the Improvements prior to the
issuance of any building permits; and
(b) DEVELOPER acknowledges it is proceeding at its own risk and agrees to
indcmnify and hold CITY harmless in connection therewith; and
(c) DEVELOPER agrees to immediately cease all construction and relinquish any
and all rights to Improvenents constructed on the Property to CITY in the
event the Plat is not recorded within the Recordation Period. as hereinafter
defined; and
(d) DEVELOPER. acknowledges that nothing in this Agreement shall prejudice
CITY's right to impose conditions on approval of the Plat which are required
by State, County, and/or City plat ordinances and zoning regulations or are
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otherwise necessary to insure the public health. safety, acid welfare of the
citizens of the Cite o1' ;Miami. Florida: nor shall CITY be estopped from
enforcing the terms of this ;\ureement by reason of its issuance 01' building
permits: and
(e) DEVELOPER agrees that the issuance of building, permits is not a grant of
any vested right whatsoever to l) -NFLOPFR to use or complete construction
of'the Proicct within the boundaries of the Plat: and
(f) DEVELOPLI' acknov lcdges that no hudding permits will be issued for
vertical corlsuAW6011 of any kind for any structures on the Property. nor will
any ccrtiiicate of occupancy be issued. unless and until: (i ) DEVELOPER
shall obtain final fiat approval and record the Plat in the Official Records of
Dade County. Florida. \%ithin the Recordation Period hereinafter defined. and.
(2) DEVI-LOPFIR has obtained legal title to the Property from CITY:. and
(g) DEVELOPER acknowledges that condition 2 (1) above shall appear on the
face of any and all building permits issued by CITY pursuant to this
Agreement.
3. DEVELOPER hereby expressly agrees to and acknowledges all of the conditions.
limitations, and restrictions set forth above in paragraph 2. including all subsections
contained therein. Furthermore. DEVELOPER agrees as follows:
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(a) That an}- building permits issued by CITY for construction of the
:
Improvements will be issued in accordance with all applicable laws and the ss
terms and conditions set forth in paragraph 2 above: and
(b) That CITY reserves the right to evaluate all applications for building permits
for compliance with all existing laws, ordinances and regulations controlling
the issuance of building permits for construction within the City of Miami; {
and
(c) That DEVELOPER has until February 4, 2001 (the "Recordation Period"), to
obtain CITY final Plat approval and record the Plat in the Official Public f
Records of Dade County, Florida and obtain legal title to the Property from
CITY: and s;
(d) In the event DEVELOPER does not record the Plat by the expiration of the
Recordation Period. DEVELOPER agrees to immediately cease all
construction activities on the Property and to relinquish any and all rights to
any Improvements constructed thereon to CITY; or if requested by CITY, to
forthwith remove the improvements within three (3) months of the expiration
of the Recordation Period. DEVELOPER agrees CITY shall not be held
financially responsible to DEVELOPER or any third parties in connection
with anv actions taken in accordance herewith.
(e) That DEVELOPER hereby agrees to indemnify, defend, and hold CITY
harmless from any claims. demands, liabilities, losses, causes of action of any
nature whatsoever arising out of or in connection with this Agreement or any
part thereof, from and against ail costs, fees. expenses, liabilities, any orders,
judgments, or decrees which may be entered and from and against all costs,
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attorneys' fees. expenses and liabilities incurred in the defense of such claim
or in the investigation thereof .
4. This Agreement shall he recorded in the Public Records of Dade County. Florida.
at DEVELOPi:R'S expense. Recordation of the Plat shall be an automatic
release of the obligations oI' DIL:VI:LOPER set i'Mili herein.
IN WITNESS W11FREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature:
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
WALTER J. FOEMAN
City Clerk
(Official Seal)
APPRO AS 1-0 �E
AN OR ECTNF�S:
ANDRO 4WARG
ATTORNEY `1 i
WITNESSES:
N �
By
DONALD H. WARSHAW
City Manager
Date:
B.A.M.E. DEVELOPMENT
CORPORATION OF SOUTH
FLORIDA, INC.
by _
BILL MAUZY
1 r EXECUTIVE DIRECTOR
Date:
5
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STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this day of
1999, by Donald H. WarshaNv as City Manager of the City of
Miami. Florida a municipal corporation of the State of Florida. Ile is personally known
to me or has produced as identification and did (did not) take an
oath.
Name:
Notary Public -State of Florida
Commission No:
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
��Ioregoing instrument was acknowledged before me this �� day of
1999• by Bill Mauzy as Executive Director of B.A.M.E.
Developme t Cqrpovation of South Florida, Inc. He is personally known to me ems
and did (did not) take an oath.
(b� I �LL (( L) �ZL,4
Name: `J
Notary Public -State of Florida
Commission No:
My Commission Expires:
V�l�i)CU...IC�L V C7'I. i�.i. i•
tJ02ARyj7 3j, _Ca A� ()FROPIDA.
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MYC�hq.4lr o. M70-174
BAME-B1dgPermits-Platting.doc
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First Ar- w can Rtle Insurance 76mpany
Revision to Commitment dated May 2, 199,
Agent's File No. 25022/rdp
EXHIBIT "A"
Commitment No. FA -CC -
Parcel 1:
Lots 1 through 4, inclusive, Block 5, OVERTOWN VILLAS SECTION 3, according to the Plat
thereof, recorded in Plat Book 125, Page 82, of the Public Records of Dade County, Florida;
TOGETHER WITH:
Tract "F", OVERTOWN VILLAS SECTION 3, according to the Plat thereof, recorded in Plat
Book 125, Page 82, of the Public Records or Dade County, Florida;
TOGETHER WITH:
,ts 4, 5, 7 and 8, inclusiv,-, Eck 49 North, CITY OF Ni,,. ' 1I, according to the Plat thereof,
recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida.
Parcel 2:
*s 1 through 10, inclusive, '-)ck 6, OVERTOWN VILLAS SECTION 4, acco.--._ lie
riaL thereof, recorded in Plat Book 125, Page 83, of the Public Records of Dade County,
Florida;
TOGETHER WITH:
Lots 1 through 3, inclusive, Block 7, OVERTOWN VILLAS SECTION 4, according to the Plat
thereof, recorded in Plat Book 125, Page 83, of the Public Records of Dade County, Florida;
TOGETHER WITH: -
Tracts "G" and "H", OVERTOWN VILLAS SECTION 4, according to the Plat thereof,
recorded in Plat Book 125, Page 83, of the Public Records of Dade County, Florida.
Parcel 3:
Lots 1 and 2, inclusive, Block 52 North, CITY OF MIAMI, according to the Plat thereof,
recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida.
EXHWIT "A" - Page 1 of 2
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First A- erican Mle Insuraw Company
Revision to Commitment dated May 2, 1997
,� Commitment No. FA -CC -
Agent's Pile No. 25022/rdp
Parcel 4•
The East 46 feet of Lot 3, Block 52 North, CITY OF MIAMI, according to the Plat thereof,
recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida.
Parcel 5:
Lot 17, Block 49 North, CITY OF M1AMI, according to the Plat thereof, recorded in Plat
Book "B", Page 41, of the Public Records of Dade County, Florida. i
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EXHIBIT "A" - Page 2 of 2
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First Ar� w can Title Insurance 'Company
Revision to Commitment dated May 2, 199i
Agent's File No. 25022lydp
EXHIBIT "A"
Commitment No. FA -CC -
Parcel 1:
Lots 1 through 4, inclusive, Block 5, OVERTOWN VILLAS SECTION 3, according to the Plat
thereof, recorded in Plat Book 125, Page 82, of the Public Records of Dade County, Florida;
TOGETHER NVITI-I:
Tract "F", OVERTOWN VILLAS SECTION 3, according to the Plat thereof, recorded in Plat
Book 125, Page 82, of the PuNic Records of Dade County, Florida;
TOGETHER WITH:
Lots 4, 5, 7 and 8, inclusive, Blo,z, 49 North, CITY OF MIAMI, accoraL, _o the Plat thereof,
recorded in Plat Book "B", Page 41, of the Ps.'-Iic Records of Dade County, Florida.
Parcel 2:
Lots 1 througi inclusive, Block 6, OVERTOWN VILLAS SEC'1. according to the
Plat thereof, recorded in Plat Book 125, Page 83, of the Public Records of Dade County,
Florida;
TOGETHER WITH:
Lots 1 through 3, inclusive, Block 7, OVERTOWN VILLAS SECTION 4, according to the Plat
thereof, recorded in Plat Book 125, Page 83, of the Public Records of Dade County, Florida;
s
TOGETHER WITH:
Tracts "G" and "H", OVERTOWN VILLAS SECTION 4, according to the Plat thereof,
recorded in Plat Book 125, Page 83, of the Public Records of Dade County, Florida.
Parcel 3:
Lots 1 and 2, inclusive, Block 52 North, CITY OF MIAMI, according to the Plat thereof,
recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida.
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EXE OW "A" - Page t of 2
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First Ar mean 77tle Insurance "ompany
Revision to Commitment dated May 2, 1997
Agent's File No. 25022Jrdp Commitment No. FA -CC -
Parcel 4:
The East 46 feet of Lot 3, Block 52 North, CITY OF MIAMI, according to the Plat thereof,
recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida.
Parcel 5
Ut 17, Block 49 North, CITY OF MIAMI, according to the Plat thereof, recorded in Plat
Book "B", Page 41, of the Public Records of Dade County, Florida.
LASQN Systems, Inc. S.E.
6954 N.W. 12 STREET, MIAML FLORIDA 33126
305-477-9149.800-287-4799 • FAX 305-477-7526
THE FOLLo"WneING is AN
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