HomeMy WebLinkAboutR-84-1280Motion #84-1036
J-84-956
kt
RESOLUTION NO. 84-1.280
A RESOLUTION FINDING THAT S.P.R. INVESTMENTS,
PANTRY PRIDE ENTERPRISES, AND JOSE ACOSTA AND
MILDRED ACOSTA, I4IS WIFE, ARE IN DEFAULT
UNDER THE TERMS OF A COVENANT RUNNING WITH
THE LAND RECORDED UNDER CLERK'S FILE NUMBER
83R-360212 DATED DECEMBER 16, 1983;
AUTHORZING THE CITY MANAGER TO PAY TO DAVID
PLUMMER AND ASSOCIATES THE SUM OF UP TO
$30,000.00 FOR THE TRAFFIC STUDY PREPARED BY
THEM FOR THE AREA BOUNDED BY I-95, SOUTHWEST
15TH ROAD, AND METRORAIL RIGHT-OF-WAY; AND
DIRECTING THE CITY ATTORNEY TO INITIATE
LITIGATION TO ENFORCE THE COVENANT.
WHEREAS, on December 15, 1983, the City Commission
accepted the Covenant Runninq with the Land voluntarily offered
by S.P.R. Investments, Pantry Pride Enterprises and Jose Acosta
and Mildred Acosta, his wife, (the "Covenantors"), recorded under
Clerk's File Number 83R-360212; and
WHEREAS, the terms of said covenant provide that
Covenantors shall provide a transportation study for the area
bounded by I-95, Southwest 15th Road and Metrorail right-of-way
at a cost not to exceed $30,000.00, to be completed prior to
February 15, 1984; and
WHEREAS, said traffic study is a necessary part of the
City of Miami Planning Department evaluation of a potential
change of zoning of the surrounding area to a more liberal
classification pursuant to a request by the neiqhbors; and
WHEREAS, the Covenantors neqotiated with David Plummer
and Associates, which firm, in reliance on Covenantors' verbal
assurances, commenced work on the traffic study; and
WHEREAS, the Covenantors have refused to pay for the
traffic study; accordinqly, the results of the study are not
available to the City Planning Department, and the City is
prevented from proceeding with its evaluation of the
neighborhood;
CITY COMMISSION
MEETING OF
NOV 8 1984
ION No 84-1280
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI,
Section 1. Covenantors, S.P.R. Investments, Pantry
Pride Enterprises, and Jose Acosta and Mildred Acosta, his wife,
are hereby found and are declared to be in default under that
certain covenant dated December 16, 1983 and filed under Clerk's
File Number 83R-360212 due to their failure to provide the City
of Miami with a Transportation Study of the area bounded by I-959
Southwest 15th Road and Metrorail right-of-way prior to February
15, 1984.
Section 2. The City Manager is hereby authorized
and directed to pay to David Plummer and Associates the sum of up
to $30,000.00 for the said area traffic study prepared by said
firm.
Section 3. The City Attorney is hereby directed to
initiate litigation to enforce the covenant which runs with the
land.
PASSED AND ADOPTED THIS 8th day of November , 1984.
ATTEST:
RAL H G. ONGIE, CITY CLkKK
PREPARED AND APPROVED BY:
A, 64,mlyn - —
G. IRIAM MAER
ASSISTANT CITY ATTORNEY
A P PR 0kt (Y AS
VUCIA A. DOUGHER
CITY ATTORNEY
M AND CORRECTNESS:
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
84-1280
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IN'T!"r;..r,I i..IC;E r.i{::r.I(*)r t.JCt;1t,n
Honorable M or and Members
of theme ssion
Lu�i'� a R. D u9 hert
Assistant City Attorney
0
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October 19, 1984 J-83-916
Pantry Pride Enterprises
Traffic Study for Area bounded
by I-95 S.W. 15th Road and
Metrorail right-of-way
Motion #84-1036 - September 18,
1984 City Commission Meeting
The attached proposed. resolution formalizes the prior
action taken by the Commission with respect to this matter. The
resolution authorizes payment not to exceed $30,000 to David
Plummer and Associates for the subject traffic study.
LAD/GMM/bjr
Attachment
84-1280