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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4920 Date: 10/04/2018 Commission Meeting Date: 11/15/2018 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute - Declaration of Restrictive Covenants Purpose of Item: 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(s): 01-0106-070-2010, 01- 0106-070-2020, and 01-0106-070-2060, as described in Exhibit A of the Covenant (the "Original Property"), to the Florida Department of Transportation ("FDOT"), as described in Exhibit B of the Covenant (the "Parcel"), and the remaining portion of the Original Property minus the Parcel to the YWCA of Greater Miami -Dade, Inc. ("YWCA"), as described in Exhibit C of the Covenant (the "Property"), the Covenant is a condition precedent to the conveyance, with reverters and restrictions 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. Background of Item: Pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 in Official Records Book 14938, Page 1719, the City conveyed to the County the property legally described in Exhibit "A" of the Covenant (the "Original Property"). The City conveyed the Original Property for the expressed purpose of leasing said Original Property to the YWCA of Greater Miami -Dade, Inc. ("YWCA") in accordance with the restrictions and reverters more particularly described in the Deed. 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 then. 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. 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 ("Intended Purpose"). The County also received a request from the Florida Department of Transportation ("FDOT") to donate a certain portion of the Original Property legally described in the Exhibit "B" of the Covenant (the "Parcel"), for roadway and sidewalk improvements of State Road 925, also known as, NW 3rd Court ("Roadway Project"). It is necessary that the Parcel be conveyed to FDOT to enable the proposed Roadway Project. The City and the County agree that the Parcel may be conveyed to FDOT and will not be encumbered by the Covenant described herein. 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 (the "Property") from the County to the YWCA. If the Property ceases to be used by the YWCA for the Intended Purpose or the YWCA attempts to convey the Property to any entity, all property rights shall automatically revert to the City without the necessity of further action or proceeding. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office City Manager's Office Legislative Division Department of Fire -Rescue Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Fernando Casamayor Nikolas Pascual Valentin J Alvarez Daniel Diaz Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 10/05/2018 7:17 AM 10/15/2018 2:49 PM 10/16/2018 9:40 AM 10/16/2018 4:33 PM 10/16/2018 4:38 PM 10/19/2018 3:18 PM 10/25/2018 5:19 PM 10/25/2018 5:43 PM 11/01/2018 6:52 PM 11/15/2018 9:00 AM 11/26/2018 3:21 PM 11/26/2018 3:52 PM 11/26/2018 3:53 PM City of Miami Legislation Resolution Enactment Number: R-18-0497 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 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. APPROVED AS TO FORM AND CORRECTNESS: