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HomeMy WebLinkAboutR-97-0136J-97-125(a) 2/11/97 97- 136 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT AN INCREASE IN CLIENTS TO AN EXISTING COMMUNITY BASED RESIDENTIAL FACILITY FROM THIRTY NINE (39) CLIENTS TO NINETY-SIX (96) CLIENTS WITH A REDUCTION OF OFF STREET PARKING FROM FIFTY-TWO (52) REQUIRED PARKING SPACES TO TWELVE (12) SPACES PROVIDED FOR THE PROPERTY LOCATED AT 800-820 NORTHWEST 28TH STREET, MIAMI, FLORIDA, PER PLANS ON FILE, ZONED G/I GOVERNMENT AND INSTITUTIONAL; SUBJECT TO: (1) THE SUBMISSION OF A NEW SET OF PLANS FOR REVIEW AND APPROVAL BY THE PLANNING DIVISION OF THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, WHICH PLANS SHALL DEPICT: (A) SITE PLAN, WITH DIMENSIONS, INCREASING THE AMOUNT OF PARKING SPACES ON SITE; (B) A FLOOR PLAN DEPICTING DIMENSIONS AND FURNITURE, AND PROVIDING A MINIMUM OF EIGHTY (80) SQUARE FEET PER CLIENT; (C) A COMPLETE LANDSCAPE PLAN, WITH SPECIFICATIONS, DEPICTING NATIVE SHADE TREES AND COMMON AREAS; (D) PROVISION OF NOT TO EXCEED TWENTY-TWO (22) ADDITIONAL PARKING SPACES; AND (2) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of February 3, 1997, Item No. 3, adopted Resolution No. ZB 13-97 by a seven to zero (7-0) vote, granting a special exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, requires City Commission approval ATTAMMEM (5)! CONTAINED CITY COMMISSION MEETING OF FEB 2 7 1997 Resolution No. cc 97- 06 11 . of the special exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for special exception does meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the Zoning Board and grant the Special Exception; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY i 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 decision of the Zoning Board to grant a Special Exception form Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, to permit an increase in clients to an existing community based residential facility from thirty-nine (39) clients to ninety-six (96) clients, with a reduction of off street parking spaces from i fifty-two (52) required to twelve (12) spaces provided for the property located at 800-820 Northwest 28th Street, Miami, f Florida, legally described on Exhibit 'Ail attached hereto and i made a part hereof, zoned G/I Government and Institutional, per jplans on file, is hereby affirmed and the Special Exception is hereby granted, subject to (1) submission of a new set of plans for review and approval by the Planning Division of the -2- L 9 7 -- M Department of Community Planning and Revitalization prior to the I issuance of any building permit, which plans shall depict: (a) a site plan, with dimensions, increasing the amount of parking spaces on site; (b) a floor plan depicting dimensions and I furniture, providing a minimum of eighty (80) square feet per client; (c) a complete landscape plan, with specifications, depicting native shade trees and common areas; (d) provision of not to exceed twenty-two (22) additional parking spaces; and (2) a time limitation of twelve (12) months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of February , 1997. ATTEST: (_� ALTER OEMAN, CITY CLERK PREPARED AND APPROVED BY: 6Z G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i liYl � i' A. _,(JANN JOPIES, II CITY ATT� EY W1444G OC -3- L CAROLLO, MAYOR 97- 136 EXHIBIT "A" BECKHAM HALL LEASE AGREEMENT WITH BETTER WAY, INC. SECTION 26-53-41 A portion of Tract "A11 of DADE COUNTY YOUTH HALL TRACT, according to the plat thereof. recorded in Plat Book 62 at Page 96 of the Public Records of -Dade County, Florida, being more particularly described as follows: BEGIN at .the point of intersection of the East line of the West 201.43 feet of said Tract "A11 with the NORTH line of said Tract "All; thence run S 00022'31" W for a distance of 239.82 feet; thence run N 89015/2311 E for a distance of 70.48 feet; thence run N 89040/021/ E for a distance of 51.74 feet; thence run S 75049/1911 E for a distance of 9.80 feet; thence run S 71028125t1 E for a distance of 19.83 feet; thence run S 89053/33/1 E for a distance of 159.80 feet; thence run NORTH for a distance of 31.40 feet; thence run N 52015111.511 E for a distance of 43.13 feet; thence run EAST fora distance of 77.69 feet to the point of intersection with'the East line of said Tract "A11; thence run NORTH, along the East fine of said Tract "A", for a distance of , 164.80 feet to the point of curvature of a circular curve to the a! left; thence run Northwesterly along the arc of said circular curve to the left, having a radius of 25.06 feet, through a central angle of 9000010011, for an arc distance of 39.27 feet to the point of tangency with the North line of said Tract "A11; thence run WEST along the North line of said Tract "A", for a distance of 395.53 .feet to the POINT OF BEGINNING. Containing 2.226 Acres, more or less. r �1 9r�� j3G In ZONING FACT SHEET PZ-3 LOCATION/LEGAL 800-820 N.W. 28th Street (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Edward Marquez for City of Miami Beth Lange for Better Way of Miami, Inc. 444 S.W. 2nd Avenue 820 N.W. 28th Street Miami, FL 33128 Miami, FL 416-1025 ZONING G/I Government and Institutional REQUEST Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to permit an increase in clients to an existing Community Based Residential Facility from thirty-nine (39) clients to ninety-six (96) clients with a reduction of off street parking from fifty-two (52) required to twelve (12) provided; zoned G/I Government and Institutional. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval with condition. PUBLIC WORKS No comments. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: PENDING DEMOLITION LIEN 188293 FOR THE ADDRESS: 800 NW 28 ST. HISTORY A Special Exception for the existing facility within the same complex at 800 N.W. 28th Street was approved by the City Commission on February 18, 1992 by Resolution No. 92-147. ANALYSIS Please see attached. ZONING BOARD CITY COMMISSION APPLICATION NUMBER L Granted for twelve(12) months in which a building permit must be obtained and subject to conditions. (Res.No. ZB 13-97) N/A. 95- 530 Page 1 February 3, 1997 Item# 3 97-- 136 ANALYSIS FOR SPECIAL EXCEPTION 810 NW 28`h ST CASE: No 95- 530 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to permit an increase in the number of clients of an existing Community Based Residential Facility from sixty (60) to ninety-six (96). NOTE: The Special Exception for the expansion of a Community Based Residential Facility requires City Commission approval. Per Section 934.2.2.5., this Special Exception is also eligible for and requesting a reduction of thirty-seven (37) of the required off-street parking spaces (therefore resulting in twelve (12) spaces where forty-seven (47) are required). The following findings have been made: • It is found that the submitted drawings for the proposed facility are missing dimensions and as thus appears to be overcrowded. The plans need to be dimensioned and, if necessary, modified in order to provide each client with a minimum of eighty square feet of space within their rooms. • It is found that the project, as presented, provides only twelve (12) parking spaces and the property can accommodate more parking spaces on site. The requested reduction in parking spaces may have an overall adverse impact on the neighborhood and adjacent streets by having to accommodate overflow parking of residents, staff and visitors. + It is found that the proposed use could be an appropriate adaptive re -use of the existing structures if the deficiencies referenced above are satisfactorily resolved, and it is further found that the proposed use is in scale and character with the surrounding area. • It is found that the submitted drawings for the proposed facility are also missing the required landscape plan. Based on these findings, the Department of Community Planning and Revitalization is recommending approval of the application with the following condition: 97- 1363 L A new set of plans must be submitted for review and approval by the Planning Division prior to issuance of any building Permit depicting the following: 1.- A site plan, with dimensions, increasing the amount of parking spaces on site. 2.- A floor plan depicting dimensions and furniture, providing a minimum of eighty (80) Sq. Ft. per client. 3; A complete landscape plan, with specifications, depicting native shade trees (approved by the Dade County Landscape Ordinance) and common areas. 97- 136 L t -1.• �4� i I �, i :1 r. it ILT vwq jam IW TF of �ij •. I • ' L �;;y 1 •yam• . , .aye it ,•.. ;I. <t 1. •• i. P rr' 'S' ,? ,,•: " /' �jY kcr ' ;.: - + t i ;' i�'u 1 '-cam, r - ? t• � :. '"r t •i �'�" .' �e.:�)j :i. � • Is J-92-134(a) 2/18/92 4?- 14 i RESOLUTION NO. A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,. FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A COMMUNITY BASED RESIDENTIAL FACILITY FOR A RESIDENTIAL SUBSTANCE AND ALCOHOL ABUSE/HOMELESS FACILITY FOR THE PROPERTY LOCATED AT 800 NORTHWEST 28TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); SUBJECT TO THE FOLLOWING CONDITIONS: (1) THE APPROPRIATE PARTIES OBTAINING ALL NECESSARY LICENSES AND REGULATORY PERMITS INCLUDING BUT NOT LIMITED TO CERTIFICATION OF BETTER WAY BY FLORIDA HEALTH AND REHABILITATIVE SERVICES ("HRS") AS A SUBSTANCE ABUSE REHABILITATION PROVIDER; (2) A LONG-TERM LEASE WITH THE CITY OF MIAMI; (3) LIMITED TO 39 ADULT MALES AND STAFF; AND (4) SUBMITTAL OF A LANDSCAPE AND SITE PLAN WITHIN 120 DAYS TO BE APPROVED BY THE PLANNING, BUILDING AND ZONING DEPARTMENT; WITH ALL EXTERIOR IMPROVEMENTS TO BE MADE IN THE SUBSEQUENT TWELVE MONTHS FOR THE FOLLOWING: (A) REPAIR AND PAINT FOR PICNIC SHELTERS, SIGN AND BUS SHELTER IN COURTYARD, REMOVE STORAGE SHED IN SOUTHEAST CORNER OF - COURTYARD, (B) REMOVE DUMPSTER IN NORTHEAST CORNER OR BUILD CBS SCREEN WALL FOR DUMPSTER LOCATION, (C) REMOVE FURNITURE SHED IN EAST BASKETBALL COURT, (D) REARRANGE AND RESTRIPE FOR TWELVE VEHICLES IN SOUTHEAST PARKING LOT, DADE COUNTY LOT DOES NOT ACCOMMODATE ARRANGEMENT AS SHOWN, AND (E) RESOD SITE; ZONED G/I GOVERNMENT ARID INSTITUTIONAL; SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. CITY Cl3?�RM !dolt MEETING OF FED 1 1997 Rsso:uiion No. 92- 14'7 97- 136 L F WHEREAS, the Miami Zoning Board at -its meeting of February 10, 1992, Item No. 9, duly adopted Resolution ZB 15-92 by a eight to zero (8-0) vote, granting a special exception as hereinafter set forth; and WHEREAS, the proposed grant of the Special Exception herein contemplated requires City Commission Approval, and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the special exception and to affirm the decision of the Zoning Board; 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 decision of the Miami Zoning Board to grant i a special exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, to allow a Community Based Residential Facility for a residential substance and alcohol abuse/homeless facility for the property located at i 800 Northwest 28th Street, Miami, Florida, also described as Tract "A" of DADE COUNTY YOUTH HALL TRACT, a subdivision in the West 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 25, Township 53 South, Range 41 East, Miami, Dade County, io - 2 - - 97- 136 F Florida, according to the plat thereof recorded in Plat Book 62 i at Page 96 of the Public Records of Dade County, Florida, less the west 270.00 feet thereof and less the South 100 feet thereof, containing 2.4 acres more of less; subject to the following conditions: (1) the appropriate parties obtaining all necessary licenses and regulatory permits including but not limited to certification of Better Way by Florida HRS as a substance abuse rehabilitation provider; (2) a long-term lease with the City of Miami; (3) limited to 39 adult males and staff; and (4) submittal of a landscape and site plan within 120 days to be approved by the Planning, Building and Zoning Department; i ! with all exterior improvements to be made in the subsequent I twelve months for the following: (A) repair and paint for picnic shelters, sign and bus shelter in courtyard, remove storage shed in Southeast corner of courtyard, (B) remove dumpster in Northeast corner or build CBS screen wall for dumpster location, (C) remove furniture shed in East basketball court, (D) rearrange and restripe for twelve vehicles in Southeast parking lot, Dade County lot does not accommodate arrangement as shown, and (E) resod site; Zoned G/I Government and Institutional; said special exception having a time limitation of twelve months in which a building permit must be obtained, is hereby affirmed and the special exception is hereby ranted. P p Y g Section 3. This Resolution shall become effective immediately upon its adoption. 92- 14e 97- 136 I 01"b PASSED AND ADOPTED this 18th day o XAVIE ATTE MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: JULIE''O BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JON S, II CITY ATTORNEY GMM:ra:M2766 - 4 - _February , 1992. L. SUAREZ YOR 9'7- 136 APPLICATION FOR SPECIAL EXCEPTION File Number - Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance art of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions. (See Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regulations. as City idanager I, r.,.ntjLPn r.;aRnr1p T hereby apply to the City of Miami Zoning Board for approval of a Special Exception for property located at _ 810 N;i� 2.8th -St. Miami, FL Nature of Proposed Use (Be specific) i ng anri ax= nnai on of a ronnunity bas= ram, rlent i nj fnr.i l i +- Reduction from 52 required to 12 provided parking spaces In -support of this application, the following material is submitted: 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). V 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. 5. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) V/ 7. Fee of $ 6 5 0. O to apply toward the cost of processing: /3 �' 97- 136 Special Exception .......................... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars ($650) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) STATE OF FLORIDA) SS: COUNTY OF DADE ) A.�p i��Signature_ Owner or Aug tho�z�Agent Norse Er3wnrd PTarrn�t�� City Manager Address 390n P. •an Amnri nan Dri vp Miami, Florida 33133 Phone W5) 2�it')— 14AC R6wa r6 MA r ai] P� nd , being duly sworn, deposes asays that he is the (Owner)(Authorized Agent of Owner) of the real property described in answer to question it above; that he has read the foregoing answers and that the sake are true and conplete; and (if acting as agent for owner) that he has authority execute this petition on behalf of the owner. / SWORN TO AND SUDSCRI1ED before me this day of J'a_ r"-A c�� 199.2. My Cosnission Expires: (Mane) Edward Va�ez Notary Pu ic, St to of Florida at Large ♦PAY nee! ANGIE RUILOEA WQ CC538387 7r C MY COMRASSM EXPIRES SOP F\,O4 MAR. 10,2000 if 97- 136 OWNER'S LIST Owner's Name City of Miami Nailing Address 420 5.W. Second AyEn1la,., iarfil ..E'Jjog!:,rJQ Telephone Number Legal Description: . See Exhibit "A" Owner's Name Nailing Address Telephone Number Legal Description: Owner's Name Nailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or prirately) within 375 feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description I� i er v L AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Friward Mar iiiez , who being by lee first duly sworn, upon oath, deposes and says: I. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and (made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are Further Affiant sayeth not. (SEAL) Sworn to and Subscribed before me this ail day of J a^ 194. 1 �Y PV OFFICIAL NOTARY �tiP 79e� ANGIE RUILOBA 2 1 = (1 comNSWON NUMBER Note ublic, CCs38387 Notary State of Florida at Large �, Q My Commission Expires: TV F��� NIYAp pmo10N2000Es 97- 136 F DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 820 14.14. 28th Street Dliami, Florida For Legal Description see Exhibit A attasched hereto and made a part hereocf. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question /2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Property is owned 100% by the City of Iliami. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. (1) Youth Hall tract (62-96) ;i 270 ft. of tract "A" _a less S 100 f� (2) Acreage and unrecorded pla— 25 53— 1 13 acres II/L S 90E.68 ft. of 6J 1/2, of II.E. 0 1 f S. /4, less 41, S and E 25 ft. OWNER OR A FOR 0 R Edward Marquez STATE OF FLORIDA } SS: COUNTY OF DADE } , being duly sworn, deposes and says that he is the (P ease Print) (Owner) (Attorney for Owner) of the real property described in answer to question 01 above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership form on behal of . e ovin (SEAL) Signature of Own tor ttorney or Owner SWORN TO AND SUBSCRIBED before me this --2-8' day of c n .^� 19 41} Notary Public, State of Florida at Large MY COMMISSION EXPIRES: OFFICIAL NOTARY nYP(�19` ANOIE RUILC'COMIAMON NCC�383My CoMNSWONcOF F1O MAR. 97- 136/1 F ::.+ APPLICATION FOR SPECIAL EXCEPTION File Number _.- Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to. promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions. (See Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regulations. �?xecutive. Director of Better Way of Miami, Inc. I,�g r.ANrR an / , hereby apply to the City of Miami Zoning Board for approval of a Special Exception for property located at 820 N.W. 28th Street, Miami,FL Nature of Proposed Use (Be specific) Remodeling and expansion of a community based residential facility. Reduction from 52 required to 12_ provided parking ~�spaces. In support of this application, the following material is submitted: 1. Two copies of a survey of the property prepared by a State of Florida / Registered Land Surveyor. V 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). ✓ 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. ✓ 5. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) ✓ 7. Fee of $n n nto apply toward the cost of processing: 97- 136A/ _J Special Exception .......................... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars (1650) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five 9375) feet of the subject property. (City Code - Section 62-6I) STATE OF FLORIDA) SS: COUNTY OF DADE ) Signatu ExecuigSi ve Director Owner r Authorized Agent Man el Alonso—Poch, P.A. Attorneys Name Bet- _P_I Wavy .,'F ter; r- 2100 Ponce de Leon Blvd. Suite 1170 Address Coral r�ahl ec., alor-lela3 34-3 4 Phone _(3051 448-4053 FAX: (305) 443-0903 Ma_nuej Alonso-nosh , being duly sworn, deposes and says that he is the r. � vzz (Authorized Agent of Owner) of -the real property described in answer to question !I, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to ecute tjLis petition on behalf of the owner. ) SWORN TO AND SUBSqJUSED before me this day of 199LI. My Commission Expires: f.,.......•,•• ;�Oj��n,rtyt!�5iA�tfiFF7.t�i'DA =fRE$L jUL.2i, tSxi a�_ Alonso—Poch Notary Public, State of FloridaAt Large 97- 136 AFFIDAVIT STATE OF FLORIDA } } 'SS COUNTY OF DADE } I Before me, the undersigned authority, this day personally, appeared Manuel Alonso—Poch who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative .of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in.the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Name) Manu 1 Alonso—poch Sworn to and Subscribed before me this „�,5 day of ���, 19�P I Notary Public, State of Florid at My Commission Expires: L fr~••••,�, NWARYPLBUC,STATE OFFIAROA COMM x)jI NO �C-°.56725 MY COMMISSIM EXPfRES JUL. 21.1998 (SEAL) " 97- 136 DISCLOSURE OF OWNERSHIP - I. Legal description and street address of subject real property: 820 N.W. 28th Street Miami, Florida I For Legal Description see Exhibit A attached hereto and made a part hereof. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation,• request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Property is owned 100% by the City of Miami. Better Way, Inc. (Leasee) 3. legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. (1) Youth Hall tract (62-96) W 270 ft. of tract "A" less 100 ft. (2) Acreage and unrecorded pl s 26- 41, 13 acres M/L s 908.68 ft. of W 1/2, N.E 1/4, f S.E. 1/4, less W, 3 and E 25 ft. OWN OR ATTORNEY FOR OWNER Manuel lonso-Poch STATE OF FLORIDA } SS: COUNTY OF DADE } Manuel Alonso-Poch , being duly sworn, deposes and says that he is the (Owner) (Attorney for Amer) of the real property described in answer to question 11, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership form on behalf of the owner. 10p er+ '-" (SEAL) awe) SWORN TO AND SUBSCRIBED before At'his) 5_ day of r .1w N 1-T, 19Y(Q Notary Public, ate of Flor da at Large MY COMMISSION EXPIRE!*A.""""" NOTARY PUE`�C, 3TAT: OF P.CRDA • r `�V"'''' FLGRECE RCS �J? GN MY Cir3is6i25 .... JUL. 21, 1908 D r "- 136 Bett:r W.-N. P.nard of Directors i`ixucr aNJ kidee s and Position on Board Ernest I- Martin 1CnX, N R-ver Dr , Suitc 1114 N i±uai, Florida 33136 (305) 325.8730 (30S) 324-441. F; Z Thiri" swith 680 NF 64th Street, No. A-20, Mia:tti, F!az�.a 3313:' (305) 758-0427 W (303) 371-4687 l IFAX 350-7590 .terry Murray Nykc Chair of tLe Busrd 17031 NE 35th Avenue. No. 1 I D North- !N�,anii B: i:h, F!o!i`a, 33 ! 60 948.397; Bp. 956-0989 Linda Whitehead Chairjrerson of the Board .. F.O. Box G lt:', ..,v,., Mi trtti, F lorida 3 3101 (303) 585-7414 W, .125.0105 CAX I.fM (305) 624-90861.1, (80u) 507-4 0 BPR (303) 531-1224 W, 532-9604 Sooth Shore Lenny Nieves Secretary of the Board 18115 N.W. 27th Avenue Miami, Florida (305) 624-3111 W, 624-0521 FAX (305) 754.1968 H George Owen Treasurer of the Board - — 555 N.B. 56th Street Miami, Florida (305)754.1968 H j Heather ! ehms 16100 S,W. 173rd Avenue FIOr-., a 31187 (305) 232-2173. 253-M97 FAX Rodney Chain 1611 N.W. 12th Avenue Miami, Florida 33136 (305) 583-5241. �45-S693 FAX L %Mlia,rsn &- Board Aisignntcnts CornruluLLty Dt'%t'i•+,ltCe,z lit-iLN*u w,t President, Martin Assxtstes Cha.,,i'tojclts Der d.-,1; :cnt C:omtnittee !la'•;ia�'tt Nr,t�, yi flnnal1; FIrmentruy S. joul, Ovcrtown Neighborhixd Partnership Mem! - r, Finance Committee Voc. Rehab, Counselor Jetnslt Vocational Services, Froje;:t I lope Member. Finance Committee Adrnaustt'ator University of 1tLarttt./T.tiLH, Dept of Family and Community M(x iCitC- �'.c n4e.r (1✓y Off,.-cio) A!! Ccrz.: ittc?S Chain, PersonneVklnntinattmg Committee Consumer Meats, Owntr Member, Projects [Development Committee put lie Relations Cowgdtant lvietlaLc7. Grtzw llkanli C"'wU;rtarr of Commzrce Member, Projects Development Committee Nfenibcr, PersonneINttiuluating Committee Artist, Art-Iiib-ftltctor Chair, Fond Raising Cnmmittee of the Whole C)A, ()Titer -South Ro, ida .ADS Network, Chair, Finance Committee P7 97- 136 Exhibit A Legal Description A Portion of.Tract "A" of DADE COUNTY YOUTH' HALL TRACT, . according I . to the.. plat thereof' recorded in Plat Book 62 "at Page' 96 of the public Records of Dade County, Florida, being more particularly_ '"described as follows: • ' :�.: : . .. BEGIN at the point of intersection,. of ' the East line of the' West ,201.43 rest of said Tract "A" with tho NORTH, line of..said Tract. "A«; thence ru i.,S 00.22,131": H fora distance of '239.82 . ' ,, fQet, thence ' run N 89.1.5' 23"-:.E fear a distance . of 70. 48 ''feet; theiicra..run N 89•40'd2" E for*a distance of.!51:7d feet;'thence run 'S ,750.49,119" E tor, a distance, of 9_80 feet; :thence runS'71°2S�25n ... E * for:' a distance of 19.83 feet; : henca run' S:.•89'53P33K.. E fora distanca, cf '159.80 ' feet; ' thence- run NORTH .for 'a'....distance. of 31.40 feetl;..thence run '.N '52.15f11.5"..E for .a distance* of, t3.'1.3."ieaet; . thence run T for; a:* distance of 77.69 ' feet.:;ta t intersection . with the -East ' 11he ot. said Tract "A" ; :. thence'. NoRTi ,:` along the East 'af--said -T'ract••"A"�`: for A.- distance .cL 154'.80: feet to the: p+aint'.ot curvature oi': a. -circular "curve to :the 'tc,ce udoleft;.nrn westorly. along - the arcf :said.:circu: ala.r: t$ruhhavin00•eet,,-.cuzwe' -.central. angle vg: 94'�g0' 0©u,.' for 'an arc Qistaince ;'af ' 39:27 . fcet.. to ;the:"Point -"of** tarige_.ncy'with..tha''North linos :.tlienca ST along the 'North .line' of Said`: Tract :"A"` for a:v. dim of 395.53 ,fast, to •thd POINT OF. BEGINNING conta ning 2.226 Acres, more or..IesB. .,. *;�% 97- 136 L t LEASE AGREEMENT FROM THE CITY.OF MIAMI AND METROPOLITAN DADE COUNTY TO BETTER WAY, INC. FOR THE USE OF BECIUM HALL ?iv 1. DESCRIPTION OF LEASED PROPERTY 2. TERM OF LEASE AGREEMENT 3. USE OF LEASED PROPERTY 4. CONSIDERATION 5. CITY'S RIGHT OF ENTRY 6. RENOVATION AND POSSESSION 7. CONSTRUCTION, REPAIRS, ALTERATIONS AND IMPROVEMENTS 8. CANCELLATION AND RELOCATION 9. LAWS APPLICABLE 10. DEED RESTRICTIONS 11. UTILITIES 12. INSURANCE 13. INDEMNITY, DEFEND AND HOLD HARMLESS 14. MAINTENANCE AND REPAIR OF LEASED PROPERTY 15. ASSIGNMENT AND SUBLETTING OF LEASED PROPERTY 16. SUCCESSORS AND ASSIGNS 17. ADVERTISING 18. NOTICE AND GENERAL CONDITIONS 19. SPECIAL'ASSESSMENTS OR TAXING DISTRICTS 20. SURRENDER OF LEASED PROPERTY i 21. AFFIRMATIVE ACTION 22. MINORITY/WOMEN BUSINESS UTILIZATION 23. NONDISCRIMINATION 24. AMENDMENTS 97- 136 F 25. AWARD OF AGREEMENT 26. CONFLICT OF INTEREST 27. CONSTRUCTION OF AGREEMENT 28. SEVERABI,LITY 29. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 30. WAIVER 31. DEFAULT PROVISION 32. ENTIRE AGREEMENT •EXHIBIT A 97- 136 43/ ol F LEASE AGREEMENT THIS LEASE AGREEMENT, is made and entered into this day of , 1992, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the LESSOR), and METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, (hereinafter called the COUNTY), and BETTER WAY, INC., a not -for -profit corporation incorporated under the laws of the State of Florida (hereinafter called the LESSEE). W I T N E S S E T H WHEREAS, the Commission of the City of Miami, Florida, by Resolution No. 92-93, passed and adopted on February 13, 1992. has determined that the current shortage of decent, safe, sanitary and affordable housing is contributing to the growing plight of homeless or under -housed families and individuals and the very low, low and/or moderate income families and individuals in the Miami area; and WHEREAS, the Commission of the City of Miami, Florida by Resolution No. 92-93passed and adopted on February 13.1992, determined that the intended use of Beckham Hall by Better Way, Inc.., is in furtherance of the objective of providing transitional rental housing within the economic affordability range of very low, low and/or moderated income families and/or individuals, including the homeless and under -housed families and individuals, and waived all competitive bidding procedures; 97- 136 33 NOW, THEREFORE, in consideration of the premises and mutual covenants herein after contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: 1. D RIE110N OF LEASED PROPERTY The LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR that certain property (hereinafter referred to as the LEASED PROPERTY) known as Beckham Hall which is located at 800, 810, 820 N.W. 28th Street, Miami, Florida, more specifically described in Exhibit A, attached hereto and made a part hereof. 2. TERM OF LEASE. AGREEMENT The term of this Lease Agreement shall be for a ten (10) year period commencing on the date of execution of this Lease Agreement, unless sooner terminated as provided in Section 8, 9 and 31 hereof. 3. USE OF LEASED PROPERTY LESSEE shall use the LEASED PROPERTY for the purpose of providing transitional rental housing for very -low income. individuals and families which are homeless. Additionally the LEASED PROPERTY shall be used for limited ancillary uses related to the furnishing of transitional housing. 4. OONS•T_D .RA TON LESSEE does hereby covenant and agree to pay LESSOR as consideration for the use of the LEASED PROPERTY throughout' the term of this Lease Agreement, the sum of One Dollar ($1.00) per year in advance, beginning on the date hereof and on the anniversary date of each and every month:.thereafter. 97- 136 5. LESSOR'S RIGHT OF ENTRY LESSEE agrees to permit LESSOR'S City Manager or his designee to enter upon the LEASED PROPERTY during all reasonable working hours, for any purpose LESSOR deems necessary to, incident to, or connected with the performance of LESSOR'S 'duties and obligations hereunder or in the exercise of its rights and functions. 6. RENOVATION ,AND P, _,l( SSESSIoN , i LESSOR and LESSEE acknowledge that the improvements in the LEASED PROPERTY will necessitate renovation to conform to the South Florida Building Code. LESSEE will, at its sole expense, renovate the improvements to conform with the South Florida Building Code and will utilize due diligence in the completion of all necessary renovations. LESSOR will grant possession of the LEASED PROPERTY to the LESSEE upon obtaining, at least, a Certificate of Insurance in compliance with the insurance requirement contained in Section 12.. hereof. LESSEE shall not operate the LEASED PROPERTY as provided in Section 3, hereof until LESSEE has obtained a Certificate of Occupancy and has complied with all the requirements of.Section 9 hereof. 7. LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the LEASED PROPERTY unless the plans: A. Are first submitted to LESSOR'S Department of Development and Housing Conservation, Property & Lease Management Division, 9'7- 136 L for presentation and review by all departments and offices with jurisdiction, thereof, and B. Are approved by the Miami City Manager, which approval shall not be unreasonably withheld, and C. Are in compliance with all applicable State, County, and City rules and regulations. Such improvements are to be at the sole cost and expense of LESSEE. Upon completion of construction, copies of the paid invoices, receipts and other such documents shall be submitted to LESSOR by LESSEE and shall be considered as having been incorporated herein and attached hereto for proof thereof. Upon the termination, cancellation or expiration of this Lease Agreement or any extension thereof, all permanent improvements, in their then existing conditions, shall become the property of LESSOR and no compensation will be due to the LESSEE. 8. CANCEL.LATTON AND RELOCATTOR Notwithstanding, anything in this Lease Agreement to the contrary, LESSOR reserves the right to cancel this lease by giving LESSEE forty-five (45) days written notice to vacate, but only in the event that -LESSOR determines that the LEASED PROPERTY is needed for a specific'public purpose and provided that LESSOR pays LESSEE the unamortized cost of any improvements undertaken by LESSEE upon the LEASED PROPERTY in accordance with Section 7, hereof, and LESSOR uses its best efforts and due dilligence to relocate LESSEE in accordance with the. Uniform Relocation Act if mandated by federal law. The amortization period herein referenced shall be based on the ten (10) year term. 97- 136 (a) General Liability insurance on a comprehensive general liability coverage form, or its equivalent, including premises, operations, and contractual coverages, with a combined single limit of at- least $1,000,000 for bodily injury liability and property damage liability. (b) A standard Fire insurance policy on the LEASED PROPERTY and all furniture, fixtures, equipment, and improvements, including the perils of fire, extended coverage, and other perils, for the cash value thereof. (c) The LESSOR shall be named as an additional insured under the policies of insurance as required by this Lease Agreement. (d) The LESSOR shall be given at least thirty (30) days advance written notice of cancellation of said policies or any material modifications thereof. (e) Certificates of Insurance shall be'delivered to the Insurance Coordinator, Risk Management Office, Dupont Plaza Center, 300 Biscayne Boulevard Way, Suite 328, Miami, Florida 33131 and the Property and Lease Management Officer, Dupont Plaza Center, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. (f) The, insurance coverage required shall include those classifications as listed in standard liability insurance manuals which most nearly reflect the operations of the LESSEE. (g) All insurance policies required above shall be issued by companies authorized to do business under the laws of the 97- 136 Z)7 L 9. LAWS APPLICABLE LESSEE accepts this Lease Agreement and hereby acknowledges that LESSEE'S .compliance with all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operations and maintenance of the LEASED PROPERTY, including but not limited to building codes and zoning restrictions, is a condition of this Lease Agreement, and LESSEE shall comply therewith as the same presently exist and as they may be amended hereafter. If LESSEE is unable to comply with all necessary zoning requirements at any time during the term of this lease, including but not limited to obtaining a Special Exception and Special Permit, the LESSOR shall have the right to terminate the Lease Agreement without further notice or demand to LESSEE. 10. DEED RESTRICTIONS COUNTY hereby agrees not to impose or enforce any deed restrictions running with the land which may appear on the Deed of the LEASED PROPERTY for such period of time during which this Lease Agreement shall be in effect and not revoked in accordance with the provisions contained herein. 11. UTILTTTES LESSEE'shall pay all charges for all utilities, including but not limited to, electricity, water, gas garbage and sewage disposal. 12. INSURANCE LESSEE s this Lease hall maintain throughout the period of Agreement and through any periods of extensions or renewals, the following insurance: 97- 136 State of Florida, with the following qualifications: The Company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Key Rating Insurance Guide or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and are members of the Florida Guarantee Fund. 13. rNDEMNITY, DEF ND ND HOLD HARMLESS LESSEE agrees to indemnify, defend and hold harmless the LESSOR its officials, employees, agents and authorized personnel from i any and all liability, claims, demands, damages, losses, or causes of action of any nature whatsoever which may arise out of LESSEE's use of, activities at, or operations at the LEASED PROPERTY, or occasioned wholly or in part by any alleged act, or omission of: (1) LESSEE; (2) any person acting for or on LESSEE's behalf including clients, independent contractors, family members, guests, invitees, employees, agents; or (3) LESSOR, its officials, employees, agents and authorized personnel. IT IS CLEARLY UNDERSTOOD THAT THIS AGREEMENT TO INDEMNIFY THE LESSOR SHALL INCLUDE CLAIMS IN WHICH IT -IS ALLEGED THAT THE LESSOR OR ITS OFFICIALS AGENTS, EMPLOYEES AND AUTHORIZED PERSONNEL WERE THEMSELVES NEGLIGENT SO LONG AS. THE CLAIM HAS SOME -RELATIONSHIP, HOWEVER SMALL TO LESSEE'S USE OF THE LEASED PROPERTY. 97- 136 `� / F 14. MAINTENAHC ,a D FPAIR OF LEASED PROPERTY LESSEE shall maintain the LEASED PROPERTY in good order in an attractive, clean safe and sanitary condition and shall snake any necessary repairs to the improvements, during the period; of this Lease Agreement, or any extensions thereof or as long as LESSEE continues to enjoy the privilege granted hereunder. 15. ASSIQNMENT AND SUBLETTING OF LEASED PROPERTY LESSEE shall not, at any time during the term of this Lease Agreement, sublet any part of the LEASED PROPERTY, or assign this Lease Agreement or any portion or part thereof, except and by virtue of written authorization granted by the Miami City Manager to LESSEE, after approval by the Miami City Commission, which sublease or assignment shall be conditioned upon the proposed sublessee's or assignee's compliance with all City of Miami conflict of interest provisions and all applicable City Charter and Code provisions. 16. SUCCEEORS AND ASSIGNS This Lease Agreement shall be binding upon the. parties herein, their heirs, executors, legal representatives, successors 'and assigns. 17'. ADVERTISING I LESSEE shall not permit any signs or advertising matter to be placed on any portion of the LEASED PROPERTY except with prior written approval of the Miami City Manager or his designee, which approval shall not be unreasonably withheld. i 97 136 F i 18. NOTICE AND ..GENERAL. CONDITrONS A. All notices or other communications which shall or may be given pursuant to this Lease Agreement shall be in writing and shall be delivered by personal service or by registered mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. NOTICE TO LESSOR: NOTICE TO LESSEE: City of Miami Better Way, Inc. City Manager 800 N.W 28th Street Attn: Property & Lease Miami, Florida Post Office Box 330708 Miami, Florida 33133-0708 1?irectar • Dent. of Dmalgp= and Faci I jtj ManagaTent Metro Dade Comty 711 N.W. 1 t Suite 2460 Miami, FL 33128 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Lease Agreement. 19. IS OR TAXIHQ E!TgMj! PS Any and all charges, taxes, or assessments, levied against the LEASED PROPERTY shall be paid by LESSEE. 20. SURREND -R OF T.EASED PROPERTY Upon termination of this Lease Agreement by lapse of time or otherwise, LESSEE shall promptly and peacefully surrender and 57= 136 jq/ F deliver possession of the LEASED PROPERTY to LESSOR in accordance with the covenants herein contained. 21. AFFIRMATIVE�ACTION LESSEE shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide j! equal opportunity in hiring and promoting for women, minorities, j individuals with disabilities, and veterans. Such plan will include a set of positive measures which will be taken to insure" nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, LESSEE shall submit a Statement of Assurance indicating that their business is in compliance with all relevant Civil Rights laws and regulations. 22. MINORITY/WnM'PW F LESSEE shall made every good faith effort to Purchase/contract fifty-one (51%) of its annual goods and services requirements from Hispanic, Black and Women businesses/professionals registered/certified with the City of Miami's' office of Minority/Women Business Affairs. Such lists. will be made available to LESSEE at the time of the signing of the lease with the City of Miami and updates will 'be, routinely provided by the City's Office of Minority/Women Business Affairs. 23. NONDTSCRTMTNATTON LESSEE agrees that there will be no discrimination against any person based upon race, religion, color, sex, ancestry, age, F national origin, mental or physical handicap, in the use of the LEASED PROPERTY and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, LESSOR shall have the right to terminate this Lease Agreement. 24. AMENDKENTS LESSOR, LESSEE, and the COUNTY by mutual agreement, shall have the right but not the obligation to amend this Lease Agreement. Such amendments shall be effective only when signed, by the LESSOR, LESSEE and the COUNTY and shall be incorporated as a part of this Lease Agreement. 25. AWARD OF AGREEMENT LESSEE warrant that it has not employed or retained any person employed by LESSOR to solicit or secure this Lease Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by LESSOR any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Lease Agreement. 26. CONFLICT OF INTEREST LESSEE is aware of the conflict of interest laws of the City of Miami as setforth in Article 5, Conflicts of Interest, of Chapter 2 of the Code of the City ' of Miami Florida, as amended, and agrees that it will fully comply in all respects with the terms thereof. T✓ s7= 136 27. CONSTRUCTION OF AGREEMENT This Lease Agreement shall be construed and enforced according to the laws of The State of Florida. 28. SEVERABILITX If any provision of the Lease, or any paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Lease shall be construed as if such invalid part were never included herein and the Lease shall be and remain valid and enforceable to the fullest extent permitted by law. 29. COMPLIMCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and local governments as they apply to this Lease Agreement. 3 0. WANES No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by LESSOR or LESSEE. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Lease Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but -the same shall continue and remain in full force and effect: 31. DEFAULT PROVISION LESSOR shall provide LESSEE with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSEE. If LESSEE fails to cure said default within a reasonable 'period of time, LESSOR 44 97- 136 F shall give LESSEE notice o£ such fact and shall have the right to terminate this Lease Agreement. LESSEE shall provide. LESSOR with written notice of any failure to 'perform "or comply with the terms and conditions contained herein to be performed by LESSOR. If LESSOR fails to cure said. default within a reasonable period of time, LESSEE shall give. LESSOR notice of such fact and shall have the right to terminate this Lease Agreement. 32. FN� TIRE AGREEMENT This Lease Agreement represents the total agreement between i the parties. All other ;prior agreements between the parties, either verbal or written, :are superseded by this Lease Agreement and are therefore no longer valid. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first herein above written. THE CITY OF MIAMI, METROPOLITAN DADE COUNTY, a municipal corporation a political subdivision of -the State of Florida By: BY: r V CESAR ODIOgOAQUIN AVINO City'.Manager County Manager ATTEST: ATTEST: MOTY HI I c ty_Clerk 0 0o y: my Clerk ,�L 0 , -I3- 9'7- �. .6 �J L BETTER WAY, INC., a not -for -profit corportation of the State of Florida r4_4 ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: • ✓� , �pg� INN NES, II City At rney APROVED AS TO INSURANCE REQUIREMENTS /• Risk S RA, Director t '.97- 136 EXHIBIT "A" BECKHAM HALL LEASE AGREEMENT WITH BETTER WAY, INC. SECTION 26-53-41 A portion of Tract "A" of DADE COUNTY YOUTH HALL TRACT, according to the plat thereof. recorded in Plat Book 62 at Page 96 of the Public Records of -Dade County, Florida, being more particularly described as follows: BEGIN at ,the point of intersection of the East line of the West 201.43 feet of said Tract "A"' with the NORTH line of said Tract "A"; thence run S 00022131" W for a distance of 239.82 feet; thence run N 89015123" E for a distance of 70.48 feet; thence run N 89040102" E for a distance of 51.74 feet; thence run S 75049119" E for a distance of 9.80 feet; thence run S 71028125" E for a distance of 19.83 feet; thence run S 89053133" E for a distance of 159.80 feet; thence run NORTH for a distance of 31.40 feet; thence run N 52015111.5" E for a distance of 43.13 feet; thence run EAST fora distance of 77.69 feet to the point of intersection with•ihe East line of said Tract "A"; thence run NORTH, along the East line of said Tract "A", for a distance of !� 164.80 feet to the point of curvature of a circular curve to the left; thence run Northwesterly along the arc of said circular curve to the left, having a radius of 25.00 feet, through a central angle of 901*0010011, for an arc distance of 39.27 feet to the point of tangency with the North line of said Tract "A"; thence run WEST along the North line of said Tract "A", for a distance of 395.53 feet to the POINT OF BEGINNING. Containing 2.226 Acres, more or less. r L COUN M THIS DEED, made this,0�'t'day ofA.D. , 19 9<) between DADE CM%IIY, a political subdivision of the Sta a of Florida, party of the first part, and CITY OF MIAMI, a Municipal Corporation, party of the•second part, WITNESSETH: THAT the said party of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideraticn to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns forever all right, title, interest and demand acquired by Dade County in and to the follow- ing land, situate, lying and being in Dade County, Florida: U -3 Tract "A" of DADE COUNTY YOUTH HALL TRACT a subdivision in the West h of the NE h of the SE )% of Section 26, TWP 53 S, RGE 41 E Miami, Dade County, Florida according to the Plat thereof recorded in Plat Book 62 at Page 96 of the Public Records of Dade County, Florida, LESS the West 270.00 feet thereof AND LESS the South 100.00 feet thereof. Containing 2.4 acres more or less. The County grants all the real property noted in this Deed to the City so long as the City utilizes said property for a Baseball or Sports Complex or associated uses. In the event that the City either does not use the property for a Baseball or Sports Complex or associated uses, or con- veys or attempts to convey all or.a portion of the property, then all the property described herein will revert back to the County or its successors or assigns at the option of the County. This grant conveys only the interest of the County and its Board of County Commissioners in the property herein described, and shall ncit,be;cieaied..to,wa}x nt the title or to represent any state of facts condehiing the sane. IN wITNESS WHEREOF the said party of the first part has c4used' these presents to be executed in its name by its Board of County Com- missioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: DADE COU M, FLORIDA BY ITS BOARD OF RICHARD P. BRINIER, M20 "'' C SSIONERS 10: �ilU :'i =d BY: KIZ;i. e:..,�. i BY: Deputy Clerk Its ryor or Vice -Mayor Circuit Court This instrument was prepared by: Bettye A. Vickery General Services Administration Property Management Division ;`• �. 1175 N.W. South River Drive }� Miami, FL 33136 \ 97- 136 Zl� L Angela George ! LFIQ] I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) FOLIO PAGE NO: ! ] ADDRESS [2601] [NW] [10 ] [AV ] UNIT [ ] LEGAL: 1) 4) 2) 5) 3) LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO LEGAL ADDRESS FOUND; Window ARPSWIN/1 at PRODUCTION Date: 1/3/97 Time: 10:49:35AM 5® L ENTER ACTION [1 ] XMIT [ ] 10 7 Pg=1 FORM RCV LTAI 9"- .136 Angela George ! LFIQ} c. I T Y O F M I A M I ARPS PROPERTY SYSTEM _ LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: ! } FOLIO ADDRESS (810 ] [NW] (28 } [ST ] UNIT ( ] LEGAL: 1) 4) 2) 5) 3) LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO LEGAL ADDRESS FOUND; Window ARPSWIN/1 at PRODUCTION Date: 12/18/96 Time: 4:42:56PM L ENTER ACTION (1 ] XMIT [ ] 10 7 Pg=1 FORM RCV LTAI 51 97- 1396