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HomeMy WebLinkAboutR-77-0113RESOLUTION No. 7 U A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERR TO EXECUTE THE RELEASE OF COVENANT, ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF, AND AUTHORIZING THE PROPER OFFICIALS OF THC CITY OE MIAMI TO ACCEPT A COVENANT RUNNING WITH THE LAND TO BE EXECUTED BY JOHN RETTLE AND MARIA FLOYD, AN UNEXECUTED COPY OF WHICH IS ATTACHED HERETO AND MADB A PART HEREOF AS EXHIBIT B, ALL TO BE ACCOMPLISHED SIMULTANEOUSLY AT THE TIME THAT THE ABOVE PERSONS BECOME THE OWNERS OF THE PROPERTY DESCRIBED IN SAID DOCUMENTS; WHEREAS, the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI AND DADE COUNTY, INC., a non-profit Florida corporation, (here- inafter referred to as the YWCA), did on the 15th day of May, 1972, grant a covenant running with the land, in favor of the CITY OF MIAMI, FLORIDA, (hereinafter referred to as the "CITY"), and WHEREAS, said covenant was recorded in Official Record Book 7703, at Page 355, of the Public. Records of Dade County, Florida, and WHEREAS, said covenant provided: That should the YWCA sell or lease the said building after construction thereof, which will " r; ►-, - , 1 esult in cessation of the operation of a dormi- � ��'�1' i r :_If x� 1t flory residence therein by the YWCA, then it is ()(3Li\ i r x -• .,covenanted and agreed that the kitchens on the ii : t I t3 presidential floors in said building shall not FOLLOW" be used for cooking or kitchen purposes, and the cooking facilities therein shall be removed therefrom; and that the use of the said kitchen areas shall conform with then existing Zoning Regulations of the CITY OF MIAMI, FLORIDA. and, WHEREAS, said covenant provided that the covenant could be terminated by Resolution adopted by the CITY, and WHEREAS, it appears that the YWCA has entered into a con- tract to sell said property located at 100 S.E. 4th Street, Miami, Florida, for use as a private college with dormitory facilities, and "DOCUMENT INDEX ITEM " CITY COMMISSION MUTING OF FEu 31977 Mt,aKK3; .. ,.....,.....,t..eee.3*Re WHEREAS, Jahn Kettle & Maria Vloyd have entered into a contract to buy said property located at 100 S,E, 4th Street, Miami, Elorida,and WHEREAS, this Commission deems it advisable in the interest of the general welfare of the CITY to terminate the above -described covenant, and to accept another covenant running with the land to be executed by John Kettle and Maria Floyd, an unexecuted copy of which is attached hereto and made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THT'. CITY OF MIAMI, FLORIDA: Section 1. That the City Manager and the City Clerk are hereby authorized to execute the release of covenant, attached hereto and made a part hereof (Exhibit "A"). Section 2. That the proper officials of the City of Miami are hereby authorized to accept a covenant running with the land to be executed by John Kettle and Maria Floyd, an unexecuted copy of which is attached hereto and made a part hereof (Exhibit "B"). Section 3. That the above is to be accomplished simultaneously at the time John Kettle and Maria Floyd become the owners of the property described in said documents.* PASSED AND ADOPTED this 10 day of FEBRUARY 1977. ATTES PREPARED AND APPROVED BY l/i11-4;. Judith Hollan._er, Asst.City Attorney APPR�;.'b AS TO FORM AND CORRECTNESS Ge•rge F. K ox,, ity Attorney MAURICE A. FFRRF MAYOR 02/-3,:) "SUPPORTIVE FO L LOW" * The legal description of the property affected by this Resolution is attached hereto and marRod as Exhibit "C". iZ1 i,RAS OI� COVEN�I�IT TO RUN WITH TIIE LA t) WHEREAS the YOUNG t•WOMEN' S CHRISTIAN ASSOCIATION OF' GREATER iMIAMI AND DADE COUNTY. INC. , a non-profit Florida corporation, (hereinafter referred to as the "YWCA"), did on the 15th day of May, 1972, grant a covenant running with the land, in favor of the CITY OF MIAMI, FLORIDA, (hereinafter . referred to as the "CITY"), and WHEREAS, said covenant was recorded in Official Record Book 7708, at Page 355, of the Public Records of Dade County, Florida, and WHEREAS, said covenant provided: That should the YWCA sell or lease the said building after construction thereof, which will result in cessation of the operation of a dormi- tory residence therein by the YWCA, then it is covenanted and agreed that the kitchens on the residential floors in said building shall not be used for cooking or kitchen purposes, and the cooking facilities therein shall be removed therefrom; and that the use of the said kitchen areas shall conform with then existing Zoning Regulations of the CITY OF MIA1I, FLORIDA. and WHEREAS, said covenant provided that the covenant could be terminated by Resolution adopted by the CITY, and WHEREAS, it appears that the YWCA has entered into a con- tract to sell said property located at 100 S.E. 4th Street, Miami, Florida, for use as a private college with dormitory facilities, and t•:IIEREAS, John Kettle & Maria Floyd have entered into a contract to buy said property located at 100 S.E. 4th Street, Miami Florida, and WHEREAS, this Commission deems it advisable in the interest of the generalwelfare of tilQ City to t err.imitQ the above-dc,ncr. i.hocl covc.urjnL , Lind to aeeepr anot: c r covenant running wi th th,, to be exc.cut.ed by John Kett l.) and iaria Floyd, "SUPPORTIVE D L.. hTS NOW, THEREFORE, the City of Miatni, Florida, does hereby cancel said covenant to run with the land, thereby releasing the YWCA, its successors attd assigns, of any and all liability thereunder and directs the Clerk of the Circuit Court to release same of record. IN WITNESS WHEREOF, the City of Miami, a municipal corporation of the State of Florida, does cause this instrument to be executed in its name and the Seal of the City of Miatni to be affixed hereto by its City Manager and City Clerk this day of , 1977. THE CITY OF MIAMI, FLORIDA By City Manager Witnesses: Attest: STATE OF FLORIDA) ss COUNTY OF DADE ) City Clerk "SUPPORTIVE DOCUMENTS FOLLOW" I, an officer authorized to take acknowledgements, hereby certify that on this day of 1977, personally appeared before me. JOSEPH L. GRASSIE and RALUH r.ONGIE, known to me to be the City Manager and the City Cier k raspectively, of the CITY OF MIAMI, a municipal corporation in and under the laws of the State of Florida, and known to me to be t. p:.,sons who executed the foregoing instru- ment, and they severally acknowledged the execution thereof to be their free and voluntary act and deed as such officers, for the uses and purposes therein expressed and that they affixed thereto the officia seal of the said municipal corporation, all by and with the authority of law and of the City Commission, and that the said instrument is the free and formalact of the said municipal corporation. WITNESS my hand and official seal in said County and State the day and year last aforesaid, Notary Public,State of Florida -at -large My commission expires: APPROVED' AS TO FORM AND CORRECTNESS: • Gorgc? F, Knox, Jt , City Atto iney This instrument executed pirsuant to Res, No, passed and adopted on the .day.of • tl t CC; • o .. • ". t C/1. I.( 1.)11 ti.) as it t:le parO. ti tr o.ier oF the S, t ic attachztcliie.eeto rftar.i.:: arta:.'t • r • , \t'ir 112 AS th0 L: taic oL1g tO Ii.soo. Lic r.,;-.; a schor...)1 nlocting roorn.:,ai and \VT and cool:.111:: 23o0:cs 1)yLi io haveo. C:171eil, i1LrtALCC tr.O.L.L; an(: that: U. Vile Ilot: in a.ccor.cli.n.c.c.1 as a 3%et-La; .and 513.C. 4.C*. -1" t C.LC 1..: ;..tt%:; i)y • . ",.'4:4 • ;..t.•;:c rr(/ 47(11); ;C() 4. (.. .s• t:' t r .CCi, 4.,;,‘:- (;j'.4,"*. t. • 10' 1,14 • .i." - ' "' c 1( 4, • • • I • ‘‘SUPPDRINE L. FOLLOW 774AliT-FITT the buildit~ig remained used as a dorMitrsry with classroottts and meeta. ihg rdofs, the parties of the first p art do ekpressly coVehah't as follows: 1► That the patties of the first part agree that should the subject building substantially change its use as a dormitory with ciassrooits and neetitg rooms, or should the parties of the first part sell said property, which sale Will result ih the cessation of the operating of a dormitory residence by the parties of the first part - then upon this event, the parties of the first part, foie theittselves, their successors and assigns, do hereby agree to remove the cooking facilities previously authorized by the CITY on the dormitory floors of said building immediately upon the written request of the CITY. The mere transfer of legal title by the parties of the first part to a corporation wholly -owned by the parties or the estate of either of the parties of the first part upon the death of one of them shall not constitute a substantial change of used 4"" S 2 Ie 2. successors and assigns and shall be recorded in the public records of Dade County, Florida and the provisions hereof shall be and constitute a Covenant running with the land and be binding and enforceable against the parties, their successors and assigns, unless hereafter terminated by Resolution adopted by the CITY. IN WITNESS WHEREOF, the parties of the first part have caused That this Covenant is binding upon the parties and their these presents to be executed in their names, this day of ' ..?.E,1- 1977. Signed, sealed and delivered in the presence of: "SUPPORTIVE DOCUMENTS FOLLOW" C 1 A -7 ' I - 1 STATE OF FLORIDA COUNTY OF DARE BEFORE i SS MMF., the undersigned authority, personally appeared JOH"i KETTLE AND MARIA FLOYD, who after hei,ng dull sworn by me acknowledged that they executed the foregoing Covenant for the • .::. ..; k I k • • • ;.;.• CeiC; o; • . ftJ C• At-t-r . . „ r; ;Lay.). Public, ,/ APPR Vp--AS TO FORM AND CORRECTNESS - George F. Kftox, Jr City Attorney vi .1 al y 1) tLy, 1401ARY tUi1Ut SLOE 0; FioRIDA Ai tAgbi MtorAMISSION EIPIRES OCt. 14, or, taiDED 'RAU GENERAL INSURANCE UNDERWRIltb "SUPPORTIVE DOCUMENTS FOLLOW" IIIIIIiIIIIIIIIIIIIIII y. { Y Y a ••. i i • 'i { it { y • • 3 • a •! i , f s• ...ri t• • { 1t • •i • ii• t�s , { ' 6' s. 6 Si i .• y iyi •fi • t• i•{, x��x$iii,iz t. ys GAfi[2ttitI►* , `i` y ii '''i { { i 'ix fi• .{ .sf i • + ., 'y • a'/ai{{{ {65t .8 8"fi { it ` Iii •i_ti1. i'� ! •tr, t ta.t,.•Itr , ,4 .,4 7at1'x •! 1 i Y•:ali ltmsat••••4a011.4 a taik a• la!1 9{• All that cartti lot) tract or parcel o land ,` i lying wKux ba ag situated in Fort. dal1ic, `ar::) • i i in• ,; tr� �q � i { t ,ii s Florida) l • it shown fa sR ! t.hG Cityt3 of NL mi4}�ciqglotaa�,3daa, i��iiv°`�, yn C.f+ir all of tW`ei3uabet�ga Diu ',block s1loiyN�fl L. said Book 4, • Pai:iiY]yt5ai pFaai{�fa�W�.ir�alip it rG.coAR•�9G1�ii in Plata Book T, gage 0 of tiif•a Pub1Yto /,�icVaals oa► Dade County) i �•y Florida) :4: i a,� jy and ,, �y East +� i�- ��Yi yVc.� ��ir�� � 5 Block �� .�j�, y�, F.i i �., c"1 �, i .Save and ilaiYaceept txfsa isa?s•4 f 12 i semi of said Blocs i and mop a sptcifically described as follows) to -wit; f` • ' ' • . . •. . • •, i 4' !a Co trace WI the South boundary lint.of Lot. 20 . - ot, sa3c Port t Callas a aa;c at a poth.t, 112 ee a. e• st of the Southeast corner _� said Lot 20; x t • i of �76ic 3�ot• •f•lhae ice run West slow- the South.boundary dary line t t • e Lot 20 tc h2 Nioi'i Yaii%est. corner of said n-' • l';lumber ;lumbered 81tok; thence South along he West' t • . boundary line of said tn.-numbered Block; e r1n g the a:.JJa• boundary.line o•. Lot 19.017 said .Fort Dallas P21•ci according to ,the plat afore- said, to he low Ovater mark on. the Miami ;ive: • 'thence ea nde: h,e low ‘,.ate r azk of the Miami River to a poi directly sou;.: of he point of . beginning; ia'•ga these \ r�•y• r.'l� �i': the East • �Y .►� ra.1i,. aa�� Nii ..ia .r 1'to a. Lla �C�.a ala � 22 �'�,i.l. • b• • 1 i boundary i1✓, %` 1'?.:. c.; 1,-1^.•fat!-ber n li B i ti.►ii to point. 112 feet Wast of the Southeast corner of • said Lot 20 aforesaid; being all of the u•i+ t' •• nu: e cd B1. c.i above referred to save and except. I • the East L 112 12 feet thereof. i• • • • t• • • • •• • • ..• . ••, . ••• • •• -.— •r•• •.-r+.—••- •—.T..-r..• •• • •• • •. • •• • . ••.• • • ,•• •• • • • ••. , { •• • .� . .• •••.'• ••.. • • ! • '. • • • ,• •.. EXHIBIT "C" I Co" to f1 crone. R;CoF; I'411 it F!r't fi44tt, AN,ste, iiw 4�e . �Iler• { w.lrr:►e�s tl+ll► k • 2-1 1,6_ , t •/ • - - • ,` ) 4 t 1.1-) - • ••••..-•-••-ee 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.