HomeMy WebLinkAboutPre-LegislationCity of Miami
Resolution R-18-0497
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4920 Final Action Date: 11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF
RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("COVENANT"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO ALLOW MIAMI-DADE COUNTY
("COUNTY") TO CONVEY A CERTAIN PORTION OF THE PROPERTY
IDENTIFIED AS FOLIO NOS. 01-0106-070-2010, 01-0106-070-2020, AND 01-
0106-070-2060, AS FURTHER DESCRIBED IN EXHIBIT "A" OF THE
COVENANT ("ORIGINAL PROPERTY"), TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") AND THE REMAINING PORTION OF THE
ORIGINAL PROPERTY MINUS THE PORTION OF THE PROPERTY
CONVEYED TO FDOT TO THE YWCA OF GREATER MIAMI-DADE, INC., A
FLORIDA NOT FOR PROFIT CORPORATION ("YWCA"), AS DESCRIBED IN
EXHIBIT "C" OF THE COVENANT ("PROPERTY"), AS A CONDITION
PRECEDENT TO THE CONVEYANCE, WITH REVERTERS AND
RESTRICTIONS AS MORE PARTICULARLY DESCRIBED IN SAID
COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
MAY BE NECESSARY TO EFFECTUATE SAID COVENANT.
WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 in Official
Records Book 14938, Page 1719, the City of Miami ("City") conveyed to Miami -Dade County
("County") the property legally described in Exhibit "A" of a Declaration of Restrictive Covenants
Running With the Land ("Covenant"), attached and incorporated ("Original Property"); and
WHEREAS, the City conveyed the Original Property for the purpose of leasing said
Original Property to the YWCA of Greater Miami -Dade, Inc., a Florida not for profit corporation
("YWCA"), in accordance with restrictions and reverters as more particularly described in the
Deed; and
WHEREAS, the County complied with the Deed and leased the Original Property to the
YWCA, which built the Martha Sutton Weeks Women's Center and has occupied the Original
Property since such conveyance; and
WHEREAS, the City received a request from the County and the YWCA to release the
Deed restrictions to allow the conveyance of the Original Property to the YWCA; and
WHEREAS, the County also received a request from the Florida Department of
Transportation ("FDOT") to donate a certain portion of the Original Property, as legally
described in Exhibit "B" of the Covenant ("Parcel"), for roadway and sidewalk improvements of
State Road 925, also known as, Northwest 3rd Court ("Roadway Project"); and
City of Miami Page 1 of 3 File ID: 4920 (Revision:) Printed On: 4/16/2024
File ID: 4920 Enactment Number: R-18-0497
WHEREAS, the City reiterates its full support of the YWCA's mission, dedicated to
eliminating racism, empowering women and promoting peace, justice, freedom, and dignity for
all by providing services, programs, and affordable/low income housing for women, teens,
children, seniors, and families, and to aiding and supporting other organizations operated
exclusively for charitable or educational purposes ("Intended Purposes"); and"
WHERAS, it is necessary that the Parcel be conveyed to FDOT to enable the proposed
Roadway Project; and
WHEREAS, the City and the County agree that the Parcel may be conveyed to FDOT
and will not be encumbered by the Covenant; and
WHEREAS, the City and the County hereby agree to enter into the Covenant as a
condition precedent to the conveyance of the remaining portion of the Original Property, minus
the Parcel, as more specifically described in Exhibit "C" of the Covenant ("Property"), from the
County to the YWCA to continue the Intended Purpose; and
WHEREAS, subject to the Covenant, if the Property ceases to be used by the YWCA for
the Intended Purpose or the YWCA attempts to convey the Property to any other entity, all
property rights shall automatically revert to the City without the necessity of further action or
proceeding;
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to execute the Covenant, in
substantially the attached form, to allow the County to convey the Parcel to FDOT.
Section 3. The City Commission agrees to allow the County to convey the Property,
subject to the Covenant, to the YWCA, the Covenant being a condition precedent to the
conveyance, with reverters and as restrictions more particularly described in said Covenant.
Section 4. The City Manager is further authorized' to execute any and all necessary
documents, including amendments and modifications, in a form acceptable to the City Attorney,
as may be necessary to effectuate said Covenant.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 3 File ID: 4920 (Revision:) Printed on: 4/16/2024
File ID: 4920 Enactment Number: R-18-0497
APPROVED AS TO FORM AND CORRECTNESS:
ria i
dIT ez, ?i y Ator
11/1/2018
City of Miami Page 3 of 3 File ID: 4920 (Revision:) Printed on: 4/16/2024
City of Miami
Resolution R-19-0311
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5926 Final Action Date: 7/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A,"
THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE
NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY")
PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF
RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("COVENANT"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, MODIFYING THE
DECLARATION OF RESTRICTIVE COVENANTS ORIGINALLY APPROVED
PURSUANT TO RESOLUTION NO. 18-0497 TO ALLOW MIAMI-DADE
COUNTY ("COUNTY") TO CONVEY A CERTAIN PORTION OF THE
PROPERTY IDENTIFIED AS FOLIO NOS. 01-0106-070-2010, 01-0106-070-
2020, AND 01-0106-070-2060, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "D," ATTACHED AND INCORPORATED ("REMAINING PROPERTY"),
TO YWCA -MG HOLDINGS, LLC ("YWCA SUBSIDIARY"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AS MAY BE NECESSARY FOR THE PURPOSES STATED HEREIN.
WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 at
Official Records Book 14938, Page 1719, the City of Miami ("City") conveyed to Miami -Dade
County ("County") the property legally described in Exhibit "B," attached and incorporated
("Original Property"); and
WHEREAS, the City conveyed the Original Property to the County for the purpose of the
County leasing said Original Property to the YWCA of Greater Miami -Dade, Inc., a Florida not
for profit corporation ("YWCA"), in accordance with restrictions and reverters as more
particularly described in the Deed; and
WHEREAS, the County complied with the Deed and leased the Original Property to the
YWCA, which built the Martha Sutton Weeks Women's Center and has occupied the Original
Property since such conveyance; and
WHEREAS, the City received a request from the County and the YWCA to release the
Deed restrictions to allow the conveyance of the Original Property, to the YWCA; and
City of Miami Page 1 of 3 File ID: 5926 (Revision:) Printed On: 4/16/2024
File ID: 5926 Enactment Number: R-19-0311
WHEREAS, the County also received a request from the Florida Department of
Transportation ("FDOT") to donate a certain portion of the Original Property, as legally
described in Exhibit "C" ("Parcel"), for roadway and sidewalk improvements of State Road 925,
also known as Northwest 3rd Court ("Roadway Project"); and
WHEREAS, the City reiterates its full support of the YWCA's mission, dedicated to
eliminating racism, empowering women, and promoting peace, justice, freedom, and dignity for
all by providing services, programs, and affordable/low income housing for women, teens,
children, seniors, and families and to aiding and supporting other organizations operated
exclusively for charitable or educational purposes ("Intended Purposes"); and
WHEREAS, pursuant to Resolution No. 18-0497 adopted on November 15, 2018, the
City Commission authorized the City Manager to execute a Declaration of Restrictive Covenants
Running with the Land ("Covenant") allowing the County to convey the Parcel to FDOT and to
convey the remaining portion of the Original Property minus the Parcel to the YWCA; and
WHEREAS, the YWCA requested a modification to the Covenant to allow the County to
convey the Original Property minus the Parcel, as described in Exhibit "D," attached and
incorporated ("Remaining Property"), to the YWCA's wholly owned subsidiary, YWCA -MG
Holdings, LLC, a Florida not for profit corporation ("YWCA Subsidiary") ("Modified Covenant");
and
WHEREAS, the City's Administration requests, pursuant to the terms of the Covenant,
that the Modified Covenant be approved and that the conveyance be authorized;
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing,
the City Manager's determinations, findings, and recommendations, attached and incorporated
as Exhibit "A," pursuant to Section 29-B(a) of the Charter of the City of Miami, Florida, as
amended, and Section 18-182(c) of the Code of the City of Miami, Florida, as amended, are
ratified, approved, and confirmed and the City Commission hereby waives the requirements for
said procedures.
Section 3. The City Manager is authorized' to negotiate and execute the Modified
Covenant, in a form acceptable to the City Attorney, to allow the County to convey the
Remaining Property, subject to the Modified Covenant, to the YWCA Subsidiary, the Modified
Covenant being a condition precedent to the conveyance, with reverters and restrictions as
more particularly described in the Modified Covenant.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including amendments and modifications, all in a form acceptable to the
City Attorney, as may be necessary for the purposes stated herein.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 5926 (Revision:) Printed on: 4/16/2024
File ID: 5926 Enactment Number: R-19-0311
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity k ttor
ey 7/16/2019
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 5926 (Revision:) Printed on: 4/16/2024