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HomeMy WebLinkAboutR-77-01124'. • RE$oLUTio t No, 77-11 A RESottittoN AJTttoRtz1NG AND OIRtCTINO Tt E Ci!Y MANAGER tO tXtCutt Mt1E ATTACRtb ACREEt Mt N ' HttWttti tRt C.i!Y of MIAMi ANb JOHN lETTt t ANb MAHIA PLOD, WHEREAS, the parties of the first part have entered into a contract to buy the property located at 100 S. E. 4 Street, Miami, Florida; and WHEREAS, the parties of the first part desire to cooperate with the City of Miat►ii in its plans for the development of this property; and WHEREAS, the City of Miami has requested that it be provided a limited pedestrian walkway easement either at grade or in the air across this property in the area described as either on the northern portion of the building or along the southern portion of the building; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the City Manager and the City Clerk are hereby authorized and directed to execute the attached agreement between the City of Miami and John Kettle and Maria Floyd. PASSED AND ADOPTED this LOTH day of FEBRUARY ,1977. MAURICE A. FERRE PRUARED AND APPROVED BY: /e<7'4^,t j." Robert F, Clark, Asst. City Attorney APPR•r % AS TO FORM AND CORRECTNESS: George Knox, Jr,, City_torney MAYOR CITY COMMISSION MEETING OF FED I 0 1977 RkMknr. A Cox. ,_ R E.. E , •, .,.. THIS AGREEMENT Made and entered into this clay of ► 19i7, at Matti, Florida, by and betteeh JOHN KETTI,R AND MARIA FLOYb (hereinafter referred to as the parties Of the first part) and the CITY OF MIA:4I, FLORIbA, a municipal torporatiori of the State of Florida (hereinafter referred to as CITY). WITNESSETH WHEREAS, the parties of the first part have eitered into a contract to buy the property located at 100 S. E. 4 Street, Miami, Florida and legally described in Ekhibit A `Which is attached hereto and made a part hereof, and WHEREAS, the parties of the first part desire to cooperate with the CITY in its plans for the development of this property, and WHEREAS, the CITY has requested that it be provided a limited pedestrian walkway easement either at grade or in the air across this property in the area described as either on the northern portion of the building or along the southern portion of the building only under certain conditions as herein set forth: A. That there will be no substantial or unreasonable effect upon the use of this property or diminishment of its value; B. That said easement is reasonable and mutually agree- able to the parties of the first part and the CITY; C. That the design must be reasonable and compatible with the existing structure and its present use; D. That it must be reasonable and for the mutual benefit of both parties to this Agreement and comply with the Code of the CITY. WHEREAS, the parties of the first part are agreeable to said pedestrian walkway easement pursuant to the conditions stated above, and WHERLas, the CITY is desirous that the parties of the first tiatt agree to Certain other conditions as hereinafter set forth. NOW, THEREFORE) in consideration of the mutual protriises trade by each of the parties to this Agreement trI the other, it is covenanted, contracted and agreed as follows: 1. That the patties of the first part agree to finish the subject building pursuant to the 1972 Building Code which was in effect at the time the building permit for the :wilding was issued to the YWCA. 2. That the parties of the first part agree to provide the CITY with a pedestrian walkway easement either at grade or in the air either along the northern portion of the building or along the southern portion of the building only under the following terms and conditions: That there will be no substantial or unreasonable effect upon the use of this property or a diminishment of its value; B. That said easement is reasonable and mutually agreeable to the parties of the first part and the CITY; C. That the design must be reasonable and compatible with the existing structure and its present use; D. It must be reasonable and for the mutual benefit of both parties to this Agreement and comply with the Code of the CITY. 3. That the parties of the first part, for themselves, their successors and assigns, do hereby agree to continue that certain twenty (20) foot easement now in existence along the Miami River and the CITY does hereby grant- permission to the parties of the first part, their successors and assigns, to allow ingress and Ogress to and from said easement from their property. 4. That the parties of the first part agree to apply to the CITY for a building permit and the CITY agrees to issue said building permit to complete the building pursuant to the 1972 Building Code which was in effect when the original building permit for the building w°v; ,.$sued, That alt signs and graphics and their location oft the exterior of the building shall rneet the Code of the CITY and shall be 'subject to the crri,s approval as to the letter style) color atid types IN WITNESS WFIEREOF) the parties to this Agreernent have executed same on the day of 1977 at MtathiFiorida. Signed, sealed and delivered in the presence oft 6/ 4 / / (SEAL) STATE OF FLORIDA ) SS COUNTY OF DADE •-• J0141\1 KETTLE / •-• .?".• /„ MARIA FLOYDr7 CITY OF MIAMI, a municipal corporation of the State of Florida By Attest: City Manager City Clerk BEFORE ME, the undersigned authority, personally appeared JOHN KETTLE and MARIA FLOYD, and acknowledged that they exe- cuted the foregoing Agreement for the purposes expressed therein. WITNESS my hand and official seal .t/Nliami, Dade County, Florida this 7 day of , 1977, . • r, z?NcItary Ptblic, State of Florida at Large -My Commission Expires: 1.707.;',:!. cORSZCT:;"1-;„53 •••••'; • P r.; 141 9 ". Fr T CT --"XtTEif rt v • �iai _ L t��'• is �ECft ti altii91.~ j t" ~ i Cit i + afr �r rQ :i L'"' a;.:i i rm: s.:r sa. •�• �.a •• �'••�• •a • '01r1 j a -, r-.1in� situated in a o c ..,Las '[a •ii" . • ti t 3- City a of i •t s;... .. 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(riau 1.4.74 S.' •.:T•we•� fa • arrr.% .I ,i l,.' ..i.9 it44.+*4••e'••4.14 • • tin OF MIAMI. FLORIDA INtti,C'it=P'il E Mc 'ORAi`ihUm TO: Joseph R< Gtassie City Mahager Charles L. Crumpton Assistant City Manager ilk7E:. PTO C 107 sf:a:E.r- YWCA EN;-L03L.ts. Legal Documents FILE Subsequent to the meeting of January 31, 1977, Jack Watson, the Attorney for Bauder Fashion College prepared drafts of the legal documents required. These were forwarded to the City Attorney office for review. A meeting was held on February 8, 1977, with John Kettle and Maria Floyd, principals of Bauder Fashion College; their Attorney Jack Watson; Judy Hollander of the City Attorney's office and Jim Connolly, Project Director of the Convention Center, The legal documents were put into final draft form and the necessary resolutions have been drawn. The documents have been approved by the City Attorney, as to form and correctness, and are attached hereto for your review and action by the City Commission. The documents consist of: 1. A draft resolution terminating the existing covenant between the City and the Young Women's Christian Association and the acceptance by the City of a new covenant running with the land and its use as a school and dormitory to be executed by John Kettle and Maria Floyd, principals of Bauder Fashion College. 2. A draft resolution covering the acceptance of an agreement between the City of Miami and John Kettle and Maria Floyd covering on the identifiable concerns of the City and its Convention Center the immediate neighbors of the future Bauder Fashion College Building. CLC/JJC/mm delitoeedwiew ,' 77• //.3 oseph it. Brassie City Manager FR": Charles L. Crutnpton Assistant City Manager Hilo 60 MIAMI. PL6416A IN tfl.brIled MEMORANDUM bAtt 5ut31Ecfi: fl21fl Report on YWCA OtrEi?ENettS: t:NcLOGUFtt3: A meeting was held on January M., 1577, with Maria Floyd of Lauder Fashion College, their attorney, Jack Watson, and their architect, Gail Baldwin. Representing the City were Charles t. Ctumpton, Assistant City Manager; Gerardo Salman, bisector of Building beet; Chief McCullough of Fire Dept; and dim Connolly, Project Director of Convention Center. Discussions were held covering all identifiable concerns, with the conclusion that the following actions would be taken: ---The architects drawings could be revised to show all construction work required to complete the building for its use as a school and dormitory and an applica- tion would be made to the Building Department for the alteration permit for the construction work required. ---The Building Dept. and the Fire Dept. concurred that the alteration work would be done under the same code requirements as the original application, i.e. 19/2, and that sprinklers would not be required for the additional five floors. ---The existing covenant is to be terminated and a new covenant is to be prepared by Bauder's attorney to go with the land and its use as a school and dormitory. ---Because of the close proximity of the YWCA building to the City's Convention Center and Fort Dallas Park, an agreement between Bauder Fashion College and the City of Miami will be drawn up covering the following points: 1. Future possibility of City easement of air rights for pedestrian bridge from Convention Center west to Fort Dallas Park and other future developments. 2. Any external changes to the building, including graphics and signs would have to be approved by the City. 3. The possibility of the City using the facility during Bauder's summer vaca- tion, June, July, and August, as an adjunct to the Convention -Conference Center as a schooland dormitory.