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HomeMy WebLinkAboutR-97-0014J-97-01 1/6/97 RESOLUTION NO. 9 1_ 4 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALLAPATTAH-WYNWOOD DEVELOPMENT CORPORATION ("CORPORATION"), TO PERMIT SAID CORPORATION TO: (1) UTILIZE CERTAIN PARKING FACILITY LOCATED UPON CITY -OWNED PROPERTY FOR ACCESS; (2) CONSTRUCT, MAINTAIN AND USE A ROOF -LIKE STRUCTURE BETWEEN AN EXISTING BUILDING LOCATED ON CITY -OWNED PROPERTY AND CERTAIN ABUTTING PROPERTY FOR USE AS A CHILD CARE FACILITY; AND (3) SUBJECT TO TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, pursuant to the Revocable Permit issued by the City on April 17, 1991, the Allapattah-Wynwood Development Corporation (the "Permittee") was authorized to use certain City -owned space located at the Allapattah Mini Park, 1500 Northwest 16th Avenue, Miami, Florida (the "City Property") to provide day care services to residents of the Allapattah area; and WHEREAS, pursuant to the terms of said Revocable Permit, the Permittee is presently operating a day care center at the City Property; and WHEREAS, the Permittee is the owner of the land abutting the City Property (the "Abutting Lot"); and WHEREAS, the Permittee desires to expand the child care program and accordingly proposes to develop the Abutting Lot so that the building constructed thereupon and the building located CITY COMMISSION MEETING OF J A N I ` ,9? Resolution No. � 7- 14 upon the City Property may function in a mutually complementary ifashion as a child care facility; and i WHEREAS, on October 7, 1996, the Zoning Board granted a i special exception (the "Special Exception"), authorizing the I joint use of a parking facility extending from the City Property, across the property boundary, into the Abutting Lot owned by the Permittee; and WHEREAS, on October 7, 1996, the Zoning Board granted a variance, (the "Variance") to construct a roof -like structure to cover the walkway between the existing building located at the City Property and the proposed new building to be located at the Abutting Property; and WHEREAS, both the Special Exception and the Variance were granted conditionally upon the Permittee entering into an I agreement with the City wherein both parties shall stipulate to i' the terms under which both the shared parking facility and the I roof -like structure are to be constructed, used and dismantled; 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. - 2 - 9 7 -- 14 Section 2. The City Manager is hereby authorizedlI to execute an agreement, in substantially the attached form, with Allapattah-Wynwood Development Corporation ("Corporation"), to permit said Corporation to: (1) utilize certain parking facility located upon City -owned property for access; (2) construct, maintain and use a roof -like structure between an existing building located on City -owned property and certain abutting property for use as a child care facility; and (3) subject to terms and conditions as more particularly set forth in the attached agreement. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 16th day of January 1997. CAROLLO, MAYOR ATT ST LTER J. WgMkNCITY CLERK PREPARED AND APPROVED BY: JULIE . BRU ASSISTANT CITY ATTORNEY L�WTW*3W*� 14 APPROVED AS TO FORM AND CORRECTNESS: i i A QUIkTN J N III CITY ATTO TP l� 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. - 3 - 97- 14 �0:, GRANT OF PERMISSION FOR ERECTION OF ROOF STRUCTURE AND HARMLESS AGREEMENT IN FAVOR OF THE CITY OF MIAMI WHEREAS, by Revocable Permit (the Revocable Permit) issued by the City on April 17, 1991, the Allapattah-Wynwood Development Corporation (the Permittee) is authorized to use certain space at the City owned Allapattah Mini Park located at 1500 Northwest 16th Avenue, Miami Florida (the City Property) to provide day care services to residents of the Allapattah area; and WHEREAS, pursuant to the terms of the Revocable Permit the Permittee is presently operating a day care center at the City Property; and WHEREAS, the Permittee is the owner of the land abutting the City Property legally described in Exhibit "A", which is attached hereto and by this reference incorporated herein (the Abutting Lot) and; WHEREAS, the Permittee desires to expand the child care program and accordingly proposes to develop the Abutting Lot so that the building constructed there upon and the building located upon the City Property may function in a mutually complementary fashion as a child care facility. WHEREAS, on October 7, 1996 the Zoning Board of the City of Miami granted a special exception (the Special Exception), a copy of which is attached as Exhibit "B", and by this reference is incorporated herein, authorizing the joint use of a parking facility extending from the City Property, across the property boundary, into the abutting property owned by the Permittee. 9 1 - 14 N WHEREAS, on October 7, 1996 the Zoning Board of the City of Miami granted a variance, (the Variance) a copy of which is attached as Exhibit "C", to construct a roof - like structure to cover the walkway between the existing building located at the City Property and the proposed new building to be located at the Abutting Property; WHEREAS, both the Special Exception and the Variance where granted conditionally upon the Permittee entering into an agreement with the City of Miami wherein both parties shall stipulate to the terms under which both the shared parking facility and the roof -like structure are to be constructed, used and dismantled; NOW, THEREFORE, the City of Miami (the "City") a municipal corporation of the State of Florida, and Allapattah-Winwood Community Development Center, Inc., also known as Allapattah-Wynwood Development Corporation, Allapattah-Wynwood Community and Development Center, Inc., Allapattan-vvynwoou ",ummui my Development Center, Inc. (hereinbefore and hereinafter referred to as the Permittee) in consideration of the covenants and conditions set forth below, agree as follows: 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. 2. The City gives to Permittee upon the terms and subject to the conditions below set forth in this agreement, permission to construct, maintain and use a roof -like structure to cover the walkway between both the existing building located at the City Property and the proposed new building to be located at the Abutting Property (the U W 152fomma.doe 2 97- 14 Roof Structure) so as to allow both to function jointly in a mutually complementary fashion as a child care facility as follows: (a) Permittee agrees to erect the roof -like structure in conformity with all applicable codes, laws, rules, and regulations at no cost or liability to the City. (b) The roof like structure shall be maintained at all times in a safe, neat, and good physical condition at no cost or liability to the City. 3. The Permittee may utilize the parking facility located at the City Property for access to the parking facility to be located upon the Abutting Property, and in connection therewith, Permittee, at Permittee's sole cost and expense and at no liability to the City may change or alter the physical condition to the parking facility located upon the City Property so as to facilitate such joint use of the parking facilities. 4. This agreement shall terminate upon the earlier of (i) the time the two buildings linked by the roof -like structure cease to be used jointly as a day care facility, or (ii) upon the expiration or cancellation of the term of the Revocable Permit or any extension thereto. Additionally, this agreement may be terminated by either party for any reason upon giving thirty (30) days written notice or upon ten (10) days written notice to Permittee of a breach of any term or condition of this agreement. 5. Upon termination of this agreement, Permittee shall at no cost or liability 1 to the City: Ij (a) immediately remove the roof -like structure and restore the site to its original condition. (b) reconstruct that portion of the wall presently erected along the shared IV (c) remove and/or repair any change or alteration resulting from the extension of the parking surface so that the parking surface shall be restored to essentially the same condition in which it existed before the granting of the Special Exception. If Permittee fails to exercise its duties under this paragraph, the City shall have the right to perform any of the work provided for in (a), (b) and (c) above and Permittee covenants and agrees to reimburse the City for such removal and/or restoration work. 6. In consideration of the foregoing, Permittee, for himself/herself and on behalf of his/her family including without limitation any spouse or minor child(ren), his/her heirs and executors, does hereby remise, release, indemnify and hold harmless - the City, its departments, agents, employees and officials, from any and all actions, causes of action, claims, demands, suits, costs, compensation or debts, in law or in equity, including, without limitation claims for personal injury, wrongful death, property damage, loss of use or loss of consortium, business damages or of any other nature whatsoever, growing out of, accruing by virtue of, or in any way related to the construction, the maintenance, use of the roof -like structure or resulting directly or indirectly from the removal of the roof -like structure and the eventual physical separation of the abutting lots and disjoining of the parking area at the end of this agreement. This Release, Indemnity and Hold Harmless Agreement is not to be construed as an admission of liability by the City, its agents or employees. UM 15Zfomeca.doc 4 9'7 - 14 a 4 Permittee states and certifies that he/she has carefully read the foregoing Release, Indemnity and Hold Harmless Agreement and knows its contents and that he/she signed the same as a free and voluntary act. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of ATTEST: Florida By WALTER FOEMAN Edward Marquez City Clerk City Manager f Allapattah-Wynwood Development Corporation ATTEST: a Florida corporation By Corporate Secretary Herbert Fonseca, President APPROVED AS TO INSURANCE REQUIREMENTS: FRANK K. ROLLASON, Deputy Chief Chief of Risk Management W152/JOB/kd APPROVED AS TO FORM AND CORRECTNESS: 1 A. QUINN JONES,III City Attorney } EXHIBIT `A' OWNER: Allapattah-Wynwood Development Corporation ,ADDRESS: 1616 NW 16`h Street, Miami, Florida 33125 LEGAL DESCRIPTION: Lot 44, BLANTON PARK, according to the plat thereof, recorded in Plat Book 9, at Page 58 of the Public Records of Dade County, Florida. OWNER: City of Miami ADDRESS: 1500 NW 161' Avenue, Miami, Florida 33125 LEGAL DESCRIPTION: BLANTON PARK, PB 9-58, Lot 43 and Lot 1, Block 2 PER South Allapattah Manor 16-6 of the Public Records of Dade County, Florida 9 "7 -- 14 EXHIBIT "B" Mr. George Bari--t offered the following Resolutior qnd moved its adoption. RESOLUTION ZB 111-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.9, JOINT PARKING FACILITIES FOR CONTIGUOUS USES, TO ALLOW JOINT PARKING AND ACCESS FACILITIES FOR A PROPOSED CHILD DAYCARE FOR THE PROPERTIES LOCATED AT 1500 N.W. 10 AVENUE LEGALLY DESCRIBED AS LOT 43, BLANTON PARK (9-58) AND LOT 1, BLOCK 2, ALLAPATTAH MANOR (16-6) AND 1616 N.W. 16M STEET LEGALLY DESCRIBED AS LOT 44, BLANTON PARK (9-58) PUBLIC RECORDS OF DADE COUNTY; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL AND PR PARKS AND RECREATION. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE FOLLOWING CONDITIONS FROM THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION: 1). THAT THE PARKING FACILITY BE CONSTRUCTED SUBJECT TO PLANS SUBMITTED BY THE APPLICANTS; 2). THAT AN AGREEMENT PURSUANT TO SECTION 917.9 OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, BE STIPULATED TO BE BOTH APPLICANTS SPECIFYING THE TERMS UNDER WHICH THE S11A.RED PARKING FACILITY IS TO BE CONSTRUCTED, USED AND DISMANTLED. Upon being seconded by Mr. Tucker Gibbs the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Barket, Gibbs, { Carman, Goldstein, & Luaces NAYES: None ABSENT: Messrs. Crespo & Moran-Ribeaux Ms. Fernandez: Motion carries 8-0 Item # 4 October 7, 1996 Zoning Board 9'7 = 14 n It EXHIBIT "C" Mr. Gary Carman offered the following Resolution and moved its adoption. RESOLUTION ZB 112-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-4 MULTIFAMILY HIGH - DENSITY RESIDENTIAL, TO ALLOW A STRUCTURE WITH AN EAST SIDE YARD SETBACK OF 0'-0" (10'-0" REQUIRED) FOR A PROPOSED CHILD DAYCARE FACILITY FOR THE PROPERTY LOCATED AT 1616 N.W. 16n` STREET LEGALLY DESCRIBED AS LOT 44, BLANTON PARK (9-58) PUBLIC RECORDS OF DADE COUNTY; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITA:IION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT, TO TIIE FOLLOWING CONDITION FROM THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION: THAT THE APPLICANT ENTER INTO AN AGREEMENT WITH THE OWNER OF THE PROPERTY ABUTTING TO THE EAST SPECIFYING THE TERMS UNDER WHICH THE SUBJECT ROOF STRUCTURE IS TO BE CONSTRUCTED, USED AND DISMANTLED. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Carman, Barket, Gibbs, Goldstein, & Luaces NAYES: None ' ABSENT: Messrs. Crespo & Moran-Ribeaux i Ms. Fernandez: Motion carries 8-0 ti Item # 5 October 7, 1996 Zoning Board 9 7 -- 14 14 TO FROM: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and,Members of the City Commission 2W Edward City Manager RECOMMENDATION iW DATE: ILbIN FILE SUBJECT: Resolution Authorizing Execution of an Agreement with Allapattah-Wynwood Development Corporation REFERENCES: City Commission Agenda ENCLOSURES: January 16, 1997 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an Agreement with Allapattah- Wynwood Development Corporation, in substantially the form attached thereto, to: (1) utilize a certain parking facility located upon City -owned property for access; and (2) construct, maintain and use a roof -Like structure between an existing building, located on City owned property, and the abutting property owned by Allapattah-Wy nwood Development Corporation BACKGROUND On April 17, 1996, the City executed a Revocable Permit with Allapattah-Wynwood Development Corporation, for a period of ten years, for the City owned property located at 1500 NW 16th Avenue, for the purpose of providing low cost day care services to residents of the Allapattah area. The Permittee is presently operating a day care center at the City owned property and recently acquired the abutting land for the purpose of expanding the existing day care center. On October 7, 1996, the City of Miami Zoning Board granted a Special Exception authorizing the joint use of a parking facility extending from the City owned property, across the property boundary, into the abutting property owned by the Permittee. Additionally, the Zoning Board granted a Variance to construct a roof -like structure to cover the walkway between the existing building located at the City owned property and the proposed new building to be located on the abutting property. The Special Exception and the Variance were granted conditionally upon the Permittee entering into an agreement with the City of Miami wherein both parties shall stipulate the terms under which both the shared parking facility and the roof - like structure are to be constructed, used and dismantled. 97- 141 The agreement states that upon termination of the Revocable Permit, the Permittee shall, at no cost or liability to the City: (a) immediately remove the roof -like structure and restore the site to its original condition; (b) reconstruct that portion of the wall presently erected along the shared property line; (c) remove and/or repair any change or alteration resulting fiom the extension of the parking surface so that the parking surface shall be restored to essentially the same condition in which it existed before the granting of the Special Exception. This Resolution authorizes the City Manager to execute the required agreement.