HomeMy WebLinkAboutR-86-0512• a...
J-86-377
6/5/86
RESOLUTION NO. SG--512.,
A RESOLUTION CLOSING AND VACATING, PINE
HEIGHTS PARK, AS INDICATED ON THE PLAT OF
"HIGHLAND PARK" RECORDED IN PLAT BOOK 2 AT
PAGE 13, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, AND FURTHER RELEASING AND
RELINQUISHING ANY INTEREST IT MAY HAVE IN
PINE HEIGHTS PARK, SUBJECT TO THE CONDITION
THAT TRACT "B" BE SHOWN AS A PUBLIC PARK ON
THE FINAL PLAT AND FURTHER SUBJECT TO RECEIPT
OF AN EXECUTED LANDSCAPE AND MAINTENANCE
AGREEMENT FOR PINE HEIGHTS PARK AND THE
"BROWARD CIRCLE" PARK IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, ALL AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT NO. 1262 -
"MEDICAL SUBDIVISION".
WHEREAS, the Plat and Street Committee, at its meeting of
September 4, 1985, recommended approval of the tentative plat,
subject to the conditions that a public hearing be held for
approval to close right-of-way, relocate the park and rezone the
property, the location sketch be corrected, and Tract "W' be
shown as a public park on final plat; and
WHEREAS, the Miami Zoning Board, at its meeting of
April 7, 1986, Item No. 7, following an advertised hearing,
adopted Resolution No. ZB 30-86, by a 9 to 0 vote, RECOMMENDING
APPROVAL of the official vacating and closure of Pine Heights
Park in accord with the conditions established by the Plat and
Street Committee, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, and after finding that the conditions imposed by the
Plat and Street Committee have been met, deems it advisable and
in the best interest of the general welfare of the City of Miami
and its inhabitants to grant the vacation and closure of the park
as set forth below;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That Pine Heights Park, as shown on the plat of
"HIGHLAND PARK," recorded in Plat Book 2 at Page 13, of the
Public Records of Dade County, Florida, subject to the condition
that Tract "B" be shown as a public park on the final plat and
CITY COMMISSION
b*ETING OF
JUN 26 1956
ION No.s��'512.
�4
subject to receipt of an executed Landscape and Maintenance
Agreement for Pine Heights Park and the "Broward Circle" park in
a form acceptable to the City Attorney, all as a condition of
approval of Tentative Plat No. 1262 - "MEDICAL SUBDIVISION", is
hereby closed and vacated and the City further releases and
relinquishes any interest it may have in said Pine Heights Parx.
PASSED AND ADOPTED this 26th day of JUNE , 1986.
ATTEST.
XA IER L. SUAR' , Mayor
i
MATT HIRAI
City Clerk
PREPARED AND APPROVED BY:
A\
G. MIRIAM MAER
Assistant City Attorney
APPROVED XS)TO FORM AND CORRECTNESS:
LUCIA A. DOUGH7TY
City Attorney
GMM/wpc/pb/ab/bss/M005
-2-
8f -512,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
P
Z
TO The Honorable Mayor and Members DATE: May 6, 1986 FILE
of the City Commission
SUBJECT RESOLUTION - RECOMMEND APPROVAL
VACATION AND CLOSURE OF
PINE HEIGHTS PARK
FROM Cesar H. Odio
REFERENCES
City Manager COMMISSION AGENDA - MAY 22, 1986
V,
ENCLOSURES PLANNING AND ZONING ITEMS
It is recommended by the Zoning
Board that the Official Vacation and
Closure of Pine Heights Park, as
shown on the Plat Ot HIGHLAND PARK
(2-13) P.R.D.C. be approved in
accord with the conditions
established by the Plat and Street
Committee.
The Zoning Board, at its meeting of April 7, 1986, Item 7, following an
advertised hearing, adopted Resolution ZB 30-86 by a 9 to 0 vote, recommending
approval in accord with the conditions established by the Plat and Street
Committee of the official vacation and closure of Pine Heights Park, as shown
on the Plat of HIGHLAND PARK (2-13) P.R.D.C. as a condition of approval of
Tentative Plat #1262 - "MEDICAL SUBDIVISION".
One proponent present at the meeting.
Backup information is included for your review.
A RESOLUTION to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration by the City Commission.
AEPL:111
cc: Law Department
NOTE: Plat and Street Committee recommends: APPROVAL with conditions
Planning Department recommends APPROVAL in accord with the
conditions established by the
Plat and Street Committee
86 -512f
0
0
ZONING FACT SHEET
LOCATION/LEGAL A certain parcel bounded by NW 16th Street
and 16th Terrace and NW 8th Avenue and 8th Court
Part of Tract "A" of
Tentative Plat # 1262 - "MEDICAL SUBDIVISION"
(A/K/A "PINE HEIGHTS PARK")
APPLICANT/OWNER Ophthalmology Research Foundation, Inc.
c/o Patricia K. Fletcher, Esq.
(Attorney for Applicant)
Mershon, Sawyer, Johnston, Dunwody & Cole
200 South Biscayne Blvd., Suite 4500
Miami, FL 33131 Phone # 358-5100
City of Miami
c/o Albert J. Armada
Property & Lease Mgr.
1390 NW 20 Street
Miami, FL 33142 Phone # 579-6318
REQUEST The Official Vacation and Closure of Pine
Heights Park, as shown on the Plat of Highland
Parks (2-13) P.R.D.C. as a condition of approval
of Tentative Plat # 1262 - "MEDICAL
SUBDIVISION".
RECOMMENDATIONS
PLAT AND STREET
COMMITTEE At its meeting of September 4, 1985, the Plat
and Street Committee approved the above
tentative plat subject to the following.
1. Public hearing for approval to close right7
of -way and relocation of park and re -zoning.
2. Correct location sketch. i
3. Show Tract "B" as public park on final plat.
PLANNING DEPARTMENT APPROVAL IN ACCORD WITH THE CONDITIONS
ESTABLISHED BY THE PLAT AND STREET ITTEE. The
requested vacation and closure of Pine Heights
Park is desirable. Rather than total abandonment,
the park is going to be relocated. The new park,
located at the intersection of NW 8th Avenue and
15th Street, would provide a more usable facility
and will be appropriately developed and landscaped
according to the requirements of the Parks
Department. The Ophthalmology Research Foundation
Inc. has agreed to maintain the park in perpetuity
together with another small passive park area
across the street, "Broward Circle".
8f�-S1`ti':
7
0
PUBLIC WORKS Dedication of a new park on the northwest corner
of NW 8 Avenue and NW 15 Street is required by
plat.
DADE COUNTY TRAFFIC
& TRANSPORTATION No comment.
ZONING BOARD At its meeting of April 7, 1986, the Zoning
Board adopted Resolution ZB 30-86 by a 9 to 0
vote, recommending approval of the above in
accord with the conditions established by the
Plat and Street Committee.
CITY COMMISSION At its meeting of May 22, 1986, the City
Commission continued action on the above.
Sf -512,
3
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Ir. arcel Uounued by
16-"-.h Terr. &
Signed:
Address: City of Miami
Land Management Department
1390 N.W. 20 Street
'Miami, Florida 33142
Phone: (305) 579-6313
STATE OF FLORIDA )
ss.
COUNTY OF DADE )
The foregoing instrument
day of march, 1986, !
sty commission expires:
NOTARY PUBUG STATE Cc R0.10A
NY COANISS103 EAP. Ail.
600E0 THRJ GENERAL 11 . W.G.
Notary Public -State of Florida
No.,t ' t •.�.
8E�-512'
STATE OF F IZIR-iDA )
SS.
COUNTY OF DADE )
Before me, the undersigned authority, this day personally
appeared Albert J. Axrmrja who being by re first duly sworn,
upon oath, deposes and says:
1. That he is tk>ecXMr&WX= the legal representative of the '
owner, suh-nitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and Trade a part thereof.
Z. That all owners which he represents, if asry, have given their
full and complete permission for h:Lm to act in their behalf for the change
or modification 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 cw%-ent names, trailing addresses, phone nt ricers and
legal descriptions for the real property which he is the owner or legal
representative.
k. The facts -as represented in the appl icaticn anti doctrnents
submitted in ccnj•,:.nction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
this kl day of 19,86 ,
72 gmt�� Z71 I O)Xti_f_�
Notary Pubfic, State of Florida at Large
My Commission Expires:
ROTARY PUBLIC STATE OP•fLORIDA
NY CORRIS5103 EXP. AP2. 4,1952
$OWED IMRY 6EKIAL IM UMO.
U%W OX
No. - I
8f-Si2
OWNER'S LIST
Owner's Name Ophthalmology Research Foundation, Inc.
Mailing Address c/o Patricia K. Fletcher, Mershon,- Sawyer, Johnston, Cknwody & Cole
Suite 4500, Southeast Financia Center,
Telephone Number 305/358-5100 Miami, Florida 33131
Legal Description: Pine Heights Park, as shown on the Plat of Highland Park,
Plat Book 2, Page 13, Dade County.
Owner's Name City of Miami
Mailing Address % Albert J. Armada,Property & Lease Mgr. 1390 N.W. 20 St., Miami, F1
33142
Telephone Number 305/579-6318
Legal Description:Pine Heights Park, as shown on the Plat of Highland Park,
Plat Book 2, Page 13, Dade County. -
Owner's Name _
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
f
G _
Street Address
Street Address
.r
UUlr i
No.
Legal Description
Legal Description
Ivic I-- �. co )r, '}t L�
86 --512•
Attachment A to
Vacation Petition
Approximate Street Addresses for Tract A and Public Park,
Tentative Plat #1262, Medical Subdivision
850 -
898
I.W.
17
Street
1500-
1698
N.W.
8
Avenue
1501-
1699
N.W.
8
Court
951 -
899
4.W.
15
Street
850 -
898
N.W.
16
Street
851 -
899
N.4.
16
Terrace
Approximate Street Address for Tract A and the
West 15 feet of Tract 8, Jackson Towers Subdivision
1453 N.W. 9th Avenue (Bob Hope Blvd.)
pkf 488f IVO�
AFFIDAVIT
STATE OF FLCIUDA )
SS.
CO= OF DADE )
Before me, the undersigned authority, this day personally
appeared Patricia K. Fletcher
upon oath, deposes and says:
, who being by me first duly worn,
1. That she is tfcxxattetxxx= the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting 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 whichshe represents, if any, have given their
full and complete permission for her to act in their behalf for the charge
or modification 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 nt=bers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts -as represented in the application and docL. ^as
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
q86
this j .� day of !� 1
Notar'I Public, State of Florida at Large
My Cot.=Ission Expires:
NOTARY PUBLIC STATE OF FLOHOA
NY CORNISSION EXP. APR. 3,1988
BONDED THRU GENERAL INS. UNO.
(Nalne 1
4L
No. __ '� 5:1�/ L,6-)
8f -512' %C
OWNER'S LIST
Owner's game Ophthalmology Research Foundation, Inc.
Mailing Address c/o Patricia K. Fletcher, Mershon,- Sawyer, Johnston, Qlinwody & Cole
Suite 4500, Southeast Financia Center,
Telephone Number 305/358-5100 Miami, Florida 33131
Legal Description: Pine Heights Park, as shown on the Plat of Highland Park,
Plat Book 2, Page 13, Dade County.
Owner's Name City of Miami
Mailing Address c/o Albert J. Armada,Property & Lease Mgr. 1390 N.W. 20 St., Miami, F1
33142
Telephone Number 305/579-6318
Legal Description:Pine Heights Park, as shown on the Plat of Highland Park,
Plat Book 2, Page 13, Dade County. _
Owner's Name
Mailing Address .
Telephone Number_
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address
fee affactlriterlt-
Street Address
Street Address
:)� C �
RC l� .fix t
Legal Description
�Cll_Iau
Legal Description
Legal Description
TOM !
LVIr
No.
.��� 8 _
� 51ti
Attachment A to
Vacation Petition
Approximate Street Addresses for Tract A and Public Park,
Tentative Plat #1262, Medical Subdivision
850 -
898
N.W.
17
Street
1500-
1698
N.W.
8
Avenue
1501-
1699
N.W.
9
Court
951 -
899
N.W.
15
Street
850 -
898
N.W.
16
Street
851 -
899
N.iq.
16
Terrace
Approximate Street Address for Tract A and the
West 15 feet of Tract B, Jackson Towers Subdivision
1453 N.W. 9th Avenue (Bob Hope Blvd.)
e
pkf488f
86 --51Z
r
DISCLGSUFE OF C WNERSHIP
1. Legal description and street address of subject real property:
Pine Heights Park as shown on the Plat Book of Highland Park,
Plat Book 2, Page 13, Dade County.
Approximately 851 - 899 N.W. 16th Street
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving 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 all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Ophthalmology Research Foundation, Inc., a Florida not -for -profit corporation,
owns 100% of the reversionary rights to the park. The officers of the Research
Foundation are: Dr. Edward Walter Dillon Norton - President
Dr. Victor Curtin - Vice President and secretary
Dr. Donald M. Gass - Treasurer
Ophthalmology Research Foundation, Inc.
1638 N.W. loth Avenue
Miami, Florida 33136
The City of Miami holds title to the park. Contact: Albert J. Armada, Property and
Lease Manager for the City of Miami, 1390 N.W. 20 St., Miami, FL. 33142
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.
Tract A and Public Park, Tentative Plat #1262, Medical Subdivision
Tract A & West 15 feet of Tract B, Jackson Towers Subdivision,
according to the Plat thereof, Plat Book120, Page 45.
See Attachment A for approximate street addresses.
1
No.�
ATMF14EY FOR CvvNER
STATE OF FLORIDA ) SS:
COUiYPY OF DADE )
GLi'Y t Gt c� «. , being duly sworn, deposes and
says that she is the XXX,4vMK (Attorney for Owner) of the real property
described in answer to question #1, 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 this Disclosure of Ownership
form on behalf of the owner.
(Name)
SWOR4 TO AND SUBSCRIBED
before me this .,!;- + r+
day of 1 1Lrc 99(�•
Nctarl Publ c; State o
Florida at Large
Nil COMMISSION( EXPIRES:
NOTARY PUBLIC STATE OF FLORIDA ��� �• ,1vL Sf�--S12. Y
NY COMMISSION EXP. APR. 3,1960
BONDED IHRU GENERAL INS. UNO, No.
(over)
a r
STATE OF FLORIDA ) SS:
COUNTY OF DADE )
Albert J. Armada , being duly sworn, deposes and
says that he is Ee duly appointedProperty & Lease Mgr. of the City of Miami,
the owner of the real property described in answer to question , above;
that he has read the foregoing answers; that the same are true and com-
plete; and that he has the authority to execute this Disclosure of Owner-
ship form on behalf of the owner.
SUM TO PSG SUPZCF.IBED
before me this 61OU
day of�,
Notary PqOlic, State of
Florida at Large
NBC COMMISSIM" 0-PIRES :
WAn ftRIGr 37M OF nmu
Ur C&"Isude 10. A".. &,Ina
NODDED THEN 6EMERAI Ui3. LW.
GUN i tW L�
No. - -
Wwpo/ab/025
86--512 / Y
l
Attachment A to
Vacation Petition
Approximate Street Addresses for Tract A and Public Park,
Tentative Plat #1262, Medical Subdivision
850 -
898
N.W.
17
Street
1500-
1698
N.W.
8
Avenue
1501-
1699
N.W.
8
Court
951 -
899
N.W.
15
Street
850 -
898
N.W.
16
Street
851 -
899
N.W.
16
Terrace
Approximate Street Address for Tract A and the
West 15 feet of Tract e, Jackson Towers Subdivision
1453 N.W. 9th Avenue (Sob Hooe alvd.)
pkf488f
8f�-512 S
CITY OF MIAMI
CITY CLERK REPORTS
MEETING OATS: February 13, 1986 PAGE NO. g
A MOTION DIRECTING THE CITY ATTORNEY TO BRING BACK M-86-140
APPROPRIATE LEGISLATION IN ORDER THAT PEOPLE WHO APPEAR MOVED: PLUMMER
BEFORE THE CITY COMMISSION MAY BE PUT UNDER OATH, SECOND: KENNED:
PARTICULARLY IN ZONING MATTERS. NOES: SUAREZ
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
THE REQUEST OF THE KIWANIS CLUB OF LITTLE HAVANA TO SELL
BEER AND WINE FOR A ONE -DAY PERIOD IN CONNECTION WITH
CARNAVAL MIAMI'S PASEO TO BE HELD MARCH 2, 1986 ON WEST
FLAGLER STREET AND S.W. FIRST STREET; SUBJECT TO THE
ISSUANCE OF ALL PERMITS REQUIRED BY A
A MOTION ACCEPTING A REQUEST SUBMITTED BY THE
OPHTHALMOLOGY RESEARCH FOUNDATION INC. AND THE SOUTH
FLORIDA BLOOD SERVICE FOR JOINT REPLATTING OF THEIR
PROPERTIES (TENTATIVE PLAT "MEDICAL SUBDIVISION")FURTHER
ACCEPTING THEIR PROPOSAL WHICH CONTEMPLATES CLOSURE OF
SEVERAL STREETS AND THE RELOCATION OF THE "PINE HEIGHTS
PARK" FROM THE CENTER OF THE AREA TO THE SOUTH END OF THE
PROPERTY, WITH CERTAIN PROVISOS.
A RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT THE
ATTACHED AMENDMENT TO SECTION 200.001, FLORIDA STATUTES
WHICH AMENDMENT SET FORTH THE CRITERIA FOR CERTAIN
DOWNTOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE
ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS
INDEPENDENT SPECIAL DISTRICTS.
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M. TO TAKE PLACE
ON FEBRUARY 27, 1986, AT 2:00 P.M.
APPRO D:
MA TY HIRAI, CITY CLERK
R-86-141
MOVED: PLUMMER
SECOND: KENNEDI
ABSENT: CAROLLC
M-86-144
MOVED: DAWKINS
SECOND: PLUMMER
ABSENT: CAROLLO
R-86-146
MOVED: PLUMMER
SECOND: KENNEDY
ABSENT: CAROLLO
R-86-147
MOVED: PLUMMER
SECOND: DAWKINS
ABSENT: CAROLLO
86"J 12
.
FACT SHEET
PINE HEIGHTS PARK RELOCATION
TENTATIVE PLAT #1262 - "MEDICAL SUBDIVISION"
1. Right of Way to be closed - Total
2. Right of Way to Blood Banks
3. Right of Way to Foundation
4. Right of Way Dedication to
City from Foundation
5. Net Right of Way to Foundation
6. Previous Dedication for
Bob Hope Blvd. (voluntary)
7• Net Area Existing Park
8. Net Area New Park
9. Cost of Park Improvements
10. Park Maintenance - per year
Pine Heights and Broward Circle
11. Total benefit to applicant
Items 1 and 7, above
12. Total benefits to City
I terns 4, 6, 8 and 9, plus
Item 10 for 10 year period.
Area (sq.
ft.) Value
(See Note)
35,725
$89,312.5
9,625
$24,062.5
26 , 100
$65 , 250
17,250
$43, 125
89850 $22, 125
49300 $ 10 , 750
8.400 $21.000
11 ,000 $27,500
$40-$50 ,000
$2,500 to $3,000
$1 10 , 312.5
$161,375
Note: Values above based on average assessment of $2.50 per square
foot.
Sf -512.
P
:;i
cn
September 16, 1985
Ophthalmology Research Foundation, Inc.
Florida Not -For -Profit -Corporation
2121 South Bayshore Drive
Miami, Florida 33133
Gentlemen:
MEDICAL SUBDIVISION - TENTATIVE PLAT #1262
SERGIO PEREIRA
City Manager
The -City of Miami Plat and Street Committee, at its meeting of
September 4, 1985, approved the above tentative plat subject
to the following revisions being made to the tentative plat,
additional information being provided and/or variances being
granted. Please be advised that the processing of your
tentative plat cannot proceed until these conditions have been
satisfied.
-Public hearing for approval to close right-of-way
and relocation of park and re -zoning.
-Correct location sketch.
-Show Tract "B" as public park on final plat.
In addition to the above requirements, you should be aware of
the following:
1. State and local laws require the installation of various
physical improvements in the public rights -of -way when
property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. In
some cases this could represent a substantial investment on
your part.
Page 1 of 2
8f -512
DEPARTMENT Of PUBLIC WORKS :15 N W.:nd Street warm, Florida 33128 -3051 579-6856
DONALD W. GATHER. P.E. - Director
Ophthalmology Research Foundation, Inc. September 16, 1985
2. The alteration, relocation or installation of utilities
such as storm and sanitary sewers, electric, telephone,
water, etc., caused by this plat will be at the property
owner's expense. Also, utility easements may be required
on the property being platted.
3. A building permit will not be issued on the property being
platted until the final plat is recorded. Also, the
Certificate of Occupancy for any building construction will
be issued only after all the required subdivision
improvements have been completed.
4. Approval for fire flow requirements must be obtained from
the Fire, Rescue and Inspection Services Department prior
to the issuance of a building permit.
5. Additional items must be provided to the City of Miami
Department of Public Works before the final plat is
submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the
amount of the bond has been determined for the necessary
subdivision improvements.
6. Tentative plat approval is only valid for one (1) year from
the date of the Plat and Street Committee Meeting at which
time it was approved.
If you have any questions concerning these requirements, please
refer to the attached sheet for the appropriate person to
contact.
4Sin rely,
e rge ampbel r.,
Chairman, Plat & treet Cimittee
GV C : gc
Enclosure: Contact Sheet
cc: Biscayne Engineering Company
Plat and Street Committee Members•"`
File
Page 2 of 2
8f -512
P 0
Ms. Gloria Basila offered the following Resolution and
moved its adoption.
RESOLUTION ZB 30-86
RESOLUTION TO RECOMMEND APPROVAL TO THE CITY
COMMISSION IN ACCORD WITH THE CONDITIONS
ESTABLISHED BY THE PLAT AND STREET COMMITTEE
OF THE OFFICIAL VACATION AND CLOSURE OF PINE
HEIGHTS PARK, AS SHOWN ON THE PLAT OF
HIGHLAND PARK (2-13) P.R.D.C. AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT #1262 -
"MEDICAL SUBDIVISION".
Upon being seconded by Mr. Alvaro Romero, the motion
was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Gort, Barket, Channing, Luaces,
Milian, Romero -and Sands
NAYES: None.
ABSENT: None.
Ms. Fox: Motion carries 9 to 0.
Sf -512.
April 7, 1986, Item 7
Zoning Board ��
Ej
M E M 0 R A M D U M
TO: Setty, Planning & Zoning Boarls
FROM: Patricia Fletcher 'Y2;j
DATE: June 17, 1986
SUBJECT: Park Maintenance Agreement
Attached is the final Park Maintenance Agreement and a
copy of the previous draft showing changes requested by Miriam
Maer.
Sf -512 3
y
P
PINE HEIGHTS PARK AND BROWARD CIRCLE
LANDSCAPE AND MAINTENANCE AGREEMENT
THIS AGREEMENT is entered into this day of
, 1986, by and between OPHTHALMOLOGY RESEARCH
FOUNDATION, INC., a Florida not -for -profit corporation, and its
successors and assigns (the "Foundation") and the City of
Miami, Florida, a Florida municipal corporation, and its
successors and assigns (the "City");
RECITALS:
AS, the Foundation presently owns property which is =
me ily described on Exhibit "A" attached hereto and made a
hereof; and
WHEREAS, the City presently holds title to Pine Heights
Park pursuant to the dedication of the park on the Plat of
HIGHLAND PARK, as recorded in Plat Book 2, Page 13, of the
Public Records of Dade County, Florida (the "Old Park"); and
WHEREAS, the South Florida Blood Service, Inc., a Florida
not -for -profit corporation (the "Blood Service") owns the
property described on Exhibit "B" attached hereto and made a
part hereof; and
WHEREAS, the Foundation and the Blood Service are
replatting the old Park and the property described on Exhibits
"A" and "B" pursuant to the replat known as Medical Subdivision
(the "Plat"); and
WHEREAS, the Foundation owns the reversionary rights in
the Old Park and as a result of replatting will own fee simple
title to Old Park; and
WHEREAS, the Foundation has agreed to dedicate the area
shown as "Public Park" on the Plat (the "New Park")•as a public
park for the perpetual recreational use by the public provided
that the City vacates the Old Park and accepts the Plat; and
WHEREAS,.the City has agreed to vacate the Old Park
provided the Foundation dedicates the New Park and agrees to
landscape and pay for the perpetual maintenance of the New Park
and Broward Circle, as the Circle is shown on the Plat of
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SEi4-S1.c
Ago, -
HIGHLAND PARK, as recorded in Plat Book 2, Page 13, of the
Public Records of Dade County, Florida, as hereinafter set
forth;
NOW THEREFORE, in consideration of the premises and the
mutual covenants contained herein, and for Ten Dollars and
other good valuable consideration, the receipt of which is
hereby acknowledged, the Foundation and the City hereby agree
as follows:
1. RECITALS: The foregoing recitals are true and
correct and are incorporated herein.
2. DEDICATION: Simultaneously with the City's vacation
of the Old Park and acceptance of the Plat, the Foundation by
virtue of its execution and delivery of the Plat will dedicate
the New Park to the perpetual recreational use by the public as
more fully set forth in the Plat.
3. COVENANT: The City and the Foundation agree that
this Agreement shall be construed as a covenant running with
the land as to the the New Park and Tract A of the Medical
Subdivision, according to the plat thereof. This Agreement does
not pertain to nor affect title to the real property described
on Exhibit "B". This Agreement may be amended, terminated or
otherwise modified only by an agreement executed by the City
and the Foundation, or their successors and assigns, after a
public hearing before the City Commission.
4. LANDSCAPING OF NEW PARK: After the Plat is recorded
in the Public Records of Dade County, Florida, the Foundation
shall be responsible for landscaping the New Park and
installing a sidewalk around part of the perimeter of the New
Park. Such work shall include but not be limited to the
following:
A. The New Park shall be graded to one level.
B. The New Park shall be covered with St. Augustine
Floritam Solid sod.
a r
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86 -512
0
Al
C. Around that part of the perimeter of the New
Park facing N.W. 15th St. and N.W. 8th Court, the Foundation
shall install a sidewalk in conformity with the requirements of
the City of Miami Public Works Department.
D. Trees and plants to be agreed upon by the
Foundation and the City.
E. Irrigation system with automatic timer to be
agreed upon by the Foundation and the City.
Notwithstanding the foregoing, the total cost of such
improvements and the improvements described in paragraph 5
shall not be less than $45,000.00 and not more than $50,000.00.
Such landscaping and sidewalk installation shall be
completed with due diligence and no later than June 30, 1988;
provided, however, that the Foundation's inability to complete
construction by the date herein required resulting from delays
caused by strikes, picketing, acts of God, war, emergencies,
shortages or unavailability of materials or other causes beyond
the Foundation's reasonable control (as determined by the City
Manager) shall extend the period of completion by a period
equal to the period(s) of such delay.
5. LANDSCAPING OF BROWARD CIRCLE: After the Plat is
recorded in the Public Records of Dade County, Florida, the
Foundation shall also be responsible for landscaping Broward
Circle. The landscaping shall consist of St. Augustine Foritam
Solid Sod and cypress mulch or other plants and materials to be
agreed upon by the City and the Foundation.
Such landscaping shall be completed with due diligenceland
no later than June 30, 1988; provided, however, that the i.
Foundation's inability to complete construction by the date
herein required resulting from delays caused by strikes,
picketing, acts of God, war, emergencies, shortages or
unavailability of materials or other causes beyond the
Foundation's reasonable control (as determined by the City
Manager) shall extend the period of completion by a period
equal to the period(s) of such delay.
- 3 �,%
86�-512�
IiJ
6. LANDSCAPE PLANS: The Foundation shall submit the
landscape plans for the New Park and Broward Circle to the
Departments of Parks and Recreation, Planning and Public Works
for approval prior to the start of work, which approval shall
not be unreasonably withheld. For each parcel there shall be
two sets of plans, one set to detail basic landscaping and the
second to detail future installations of site furniture and
play apparatus. All completed work is to be approved and
accepted by said departments, which approval and acceptance
shall not be unreasonably withheld. The City may retain copies
of the landscape plans and use them,for its own purposes.
7. CASH PAYMENT: The Foundation shall make a cash
payment of $7,300.00 to the City upon completion of all
landscaping required by this Agreement, but in any event not
later than June 30, 1988. This payment may be used by the City
to furnish the New Park with park equipment or for any other
purpose.
8. MAINTENANCE PAYMENT: The Foundation shall be
responsible for paying the City annually when billed (in
advance or at end of the Department of Parks and Recreation's
fiscal year) for maintenance of the landscaping installed by
the Foundation, including the Department of Parks and
Recreation's administrative expenses. The payment shall be
$5,000.00 per year, or if less, the actual costs of such
maintenance. The cap of $5,000.00 shall be adjusted each five
years from the anniversary date of this agreement upward or
downward by the amount in decrease or increase of the Cost of
Living Index, All Items and Major Group Figures for -All Urban
Consumers (CPI-U 1967 = 100) published by the Bureau of Labor
Statistics of the U.S. Department of Labor; provided, however,
the contribution shall not exceed the reasonable cost of the
landscape maintenance.
If the compilation and/or publication of the Index shall
be transferred to any other department, bureau, or agency of
the United States Government, or if the Bureau shall adopt a
successor Index, the Index published by such successor
department, bureau or agency shall be adopted and used as a
standard for computing the cost -of -living adjustment to the
Foundation's maintenance contribution.
9. PARTNERSHIP: Nothing herein shall create or be
construed as creating a partnership or joint venture between
the City and the Foundation.
10. CONSTRUCTION OF AGREEMENT: This Agreement shall be
construed and enforced according to the laws of the State of
Florida.
11. NONDISCRIMINATION: The Foundation and the City agree
that there shall be no discrimination as to race, sex, color,
creed, national origin or handicap in connection with any
operations under this Agreement.
12. DEFAULT: All payments and obligations, together with
interest thereon from the due date at sixteen percent (16%) and
the cost of collection thereof, shall be a charge on the land
described as Tract A of the Medical Subdivision, according to
the plat thereof, and shall be a continuing lien upon such
land. If any payment is not made within thirty (30) days after
the City gives the Foundation notice of such nonpayment, the
City may at anytime thereafter bring an action to foreclose the
lien against the land in a like manner as a foreclosure of a
mortgage on real property. The prevailing party in any such
lawsuit shall be entitled to all attorney's fees (including
fees on appeal) and costs.
13. GENERAL CONDITIONS:
A) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered mail
addressed to the other party at the address indicated herein or
as the same may be changed 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.
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4
successor Index, the Index published by such successor
department, bureau or agency shall be adopted and used as a
standard for computing the cost -of -living adjustment to the
Foundation's maintenance contribution.
9. PARTNERSHIP: Nothing herein shall create or be
construed as creating a partnership or joint venture between
the City and the Foundation.
10. CONSTRUCTION OF AGREEMENT: This Agreement shall be
construed and enforced according to the laws of the State of
Florida.
11. NONDISCRIMINATION: The Foundation and the City agree
that there shall be no discrimination as to race, sex, color,
creed, national origin or handicap in connection with any
operations under this Agreement.
12. DEFAULT: All payments and obligations, together with
interest thereon from the due date at sixteen percent (16%) and
the cost of collection thereof, shall be a charge on the land
described as Tract A of the Medical Subdivision, according to
the plat thereof, and shall be a continuing lien upon such
land. If any payment is not made within thirty (30) days after
the City gives the Foundation notice of such nonpayment, the
City may at anytime thereafter bring an action to foreclose the
lien against the land in a like manner as a foreclosure of a
mortgage on real property. The prevailing party in any such
lawsuit shall be entitled to all attorney's fees (including
fees on appeal) and costs.
13. GENERAL CONDITIONS:
A) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered mail
addressed to the other party at the address indicated herein or
as the same may be changed 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.
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86-512: -
!1
Olk
FOUNDATION- Dr. Edward W.D. Norton
Ophthalmology Research
Foundation, Inc.
1638 N. W. loth Avenue
Miami, Florida 33136
CITY OF MIAMI - City Manager
P.O. Box 330708
3500 Pan American Drive
Miami, Florida 33133
Director of Parks
2600 South Bayshore Drive
Miami, Florida 33133
Director of Planning
275 N.W. 2nd Street
3rd Floor
Miami, Florida 33128
B) Titles and paragraph headings are for convenient
reference and are not a part of this Agreement.
C) No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same
or any other provision hereof, and no waiver shall be effective
unless made in writing.
D) Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the
City, such provisions, paragraphs, sentences, words or phrases
shall be deemed modified to the extent necessary in order to
conform with such laws or if not modifiable to conform with
such laws, then the same shall be deemed severable, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
14. INDEMNIFICATION: The Foundation shall indemnify the
City and save the City harmless from and against any and all
claims, liabilities, losses, and causes of action, which may
arise out of the Foundation's activities under this Agreement,
including all other acts or omissions to act on the part of the
Foundation, including any person acting for or on its behalf
and, from and against any orders, judgements or decrees which
may be entered, and from and against all costs, attorney's
fees, expenses and liabilities incurred in the defense of any
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e6--s 1.2 �- i
such claims or in the investigation thereof. Once the City
accepts the improvements made by the Foundation, the Foundation
shall have no other responsibilities with respect to the New
Park or Broward Circle other than the monetary obligations set
forth herein and warranties as per City planting
specifications.
15. SUCCESSORS AND ASSIGNS: This Agreement shall be
binding in perpetuity upon the respective parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, this Agreement has been duly executed
on the date above written.
WITNESSES:
ATTEST:
Matty Hirai, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA ALLEN DOUGHERTY
CITY ATTORNEY
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
OPHTHALMOLOGY RESEARCH FOUNDATION,
INC., a Florida not -for -profit
corporation
By.
Dr. Edward W. D. Norton, as President
THE CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By: (seal)
CESAR H. ODIO, City Manager
I -HEREBY CERTIFY that on this day of ,
1986, before me personally appeared Edward W.D. Norton, M.D.,
as President of OPHTHALMOLOGY RESEARCH FOUNDATION, INC., a
corporation under the laws of the State of Florida, to me known
to be the person who signed the foregoing instrument as such
officer and acknowledged the execution thereof to be his free
act and he affixed thereto the official seal of said
corporation, and that the said instrument is the act and deed
of said corporation.
- 7 - 8f�-512 v
d
My Commission Expires:
STATE OF FLORDA
)SS:
COUNTY OF DADE
Notary Public, State of Florida
at Large
I, an officer authorized to take acknowledgements, HEREBY
CERTIFY that on this day of , 1986,
personally appeared before me Cesar H. Odio and Matty Hirai,
respectively, known to me to be the City Manager and the City
Clerk, respectively, of THE CITY OF MIAMI, a municipal
corporation in and under the laws of the State of Florida, and
known to me to be the persons who executed the foregoing
instrument, and they severally acknowledged the execution
thereof as the free and formal act of the said municipal
corporation.
WITNESS my hand and official seal in said County and State
the day and year last aforesaid.
My Commission Expires:
Notary Public, State of Florida
at Large
�r
3
Sf -512
14
Exhibit "A"
Ophthalmology Research Foundation, Inc.,
a Florida not -for -profit corporation
PARCEL 1: Lots 1, 2, 3 and 4, in Block "A", of HIGHLANDS PARK,
according to the plat thereof, recorded in Plat Book
2, at Page 13, of the Public Records of Dade County,
Florida.
PARCEL 2: The South 75 feet of Lots 3 and 4, in Block "B", of
HIGHLAND PARK, according to the plat thereof,
recorded in Plat Book 2, at Page 13, of the Public
Records of Dade County, Florida.
PARCEL 3: Lots 1 and 2, of RE -PLAT OF A PORTION OF BLOCK "B"
HIGHLAND PARK, according to the plat thereof,
recorded in Plat Book 58, at Page 78, of the Public
Records of Dade County, Florida.
PARCEL 4: Lots 3 and 4, of RE -PLAT OF A PORTION OF BLOCK "B"
HIGHLAND PARK, according to the plat thereof,
recorded in Plat Book 58, at Page 78, of the Public
Records of Dade County, Florida.
PARCEL 5: Lots 9,10, 11, 12, the East 85 feet of Lots 13 and
14, and all of Lot 20, in Block 21, of HIGHLAND PARK,
according to the plat thereof, recorded in Plat Book
2, at Page 13, of the Public Records of Dade County,
Florida.
LESS the South 5 feet of the east 85 feet of Lot 14
(Highway Right of Way Deed, Official Records Book
9748, Page 516) and West 15 feet of Lot 20 (Highway
Right of Way Deeds, Official Records Book 12076, at
Page 2198 and Official Records Book 8224, Page 504).
2v
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8�,-512
Exhibit "B"
South Florida Blood Service, Inc.
a Florida corporation
All of JOHN ELLIOT BLOOD BANK SUBDIVISION,,according
to the Plat thereof as recorded in Plat Book 96 at Page 91 of
the Public Records of Dade County, Florida.
pkf486
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Diane Johnson 6ATt April 24, 1986 RILL. A-86-06
Department of Parks and Recreation
SUBJECT
1�4�
FROM. G• Miriam Maer
Assistant City Attorney
Pine Heights Medical
Subaivision
REFERENCES
ENCLOSURES
I have reviewed your correspondence of April 21, 1986, and
have spoken to Pat Fletcher. Ms. Fletcher will prepare a
covenant regarding landscaping and maintenance of the park for
City approval. This covenant should be executed prior to final
City Commission approval. I trust this answers your concerns.
GMM:bss:P162
cc: rgio Rodriguez, Planning Department
Xrelio Perez-Lugones, Planning and Zoning Boards Admin.
George V. Campbell, Department of Public Works
.w 34
8C-�1. Ar_