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HomeMy WebLinkAbout23447AGREEMENT INFORMATION AGREEMENT NUMBER 23447 NAME/TYPE OF AGREEMENT METROPOLITAN DADE COUNTY DESCRIPTION UNITY OF TITLE/SECURE WATER & SEWER SERVICE TO ST. HUGH OAKS VILLAGE CONDO/FILE ID: J-94-491/R-91-0403 EFFECTIVE DATE May 10, 1993 ATTESTED BY SYLVIA LOWMAN ATTESTED DATE 5/10/1993 DATE RECEIVED FROM ISSUING DEPT. NOTE i . ; .4.10 a L41 DOCUMENT LOG FORM/CITY MANAGER'S OFFICE Name of party(ies): City of Miami and Dade County Document Type: Unity of Title Purpose: To secure water and sewer service to the subject project Facility: _St. Hugh Oaks Village Condo Date(s): _May 7, 1993 Department: Development and Housing Conservation Contact Person (Questions): Alfredo Duran Telephone 3_ 3 3 _6 Contact Person (Delivery) : Alfredo Duran Telephone 3_ 3 3 6 EXPENSE/REVENUE $ N/A ACCOUNT(s)/PROJECT(s) N/A AUTHORIZED BY RESOLUTION NO. 91-403 (Attached) OR APPROVED BY: Budget Director (If General Funds) CIP Administrator Comm. Dev. Director XX_ Dept. Director or Designee ACM/Advisor Date Rec. by Mgr's Off.: Date Signed by Mgr.: Attested by City Clerk: Returned to Dept/Office: ORIGINAL TO CITY CLERK: All City requirements have been met and the document(s) is (are) 6dy for=•ecution p irector/Designee Init. Date 617/3 (If CIP Funds) (If C.D. Funds) g ure ,(C(.64-qt Q, ru- C zt, Date `�/7/I$ na g Si re �/ � P/(� 01, UNITY OF TITLE Unity of Title, made and entered into this /v day of 1993, by The City of Miami, a municipal corporation 6rganized under the Laws of the State of Florida, hereinafter designated as the "DEVELOPER", to Metropolitan Dade County, a political subdivision of the State of Florida, its successor and assigns, hereinafter designated as the "COUNTY"; W I T N E S S E T H: THAT WHEREAS, the Miami -Dade Water and Sewer Authority Department, hereinafter designated as the "DEPARTMENT", operates the water and sewer systems owned by the COUNTY,. and WHEREAS, the DEVELOPER is the owner of that property described as: Tract "A" of ST. HUGH OAKS, according to the Plat thereof, as recorded in Plat Book 125, at Page 71, of the Public Records of Dade County, Florida And the DEVELOPER, recognizes and acknowledges that for the public health, welfare, safety and morale, the herein described property should not be divided into separate parcels owned by several owners, and in consideration of the providing of water and sewer services by the COUNTY to the subject property at a substantial savings to the DEVELOPER by allowing new connections to private facilities of the DEVELOPER within the propertydescribed above rather than requiring that the connections be made directly to facilities of the COUNTY located within dedicated rights -of -way, and for other good and valuable considerations, the DEVELOPER hereby agrees to restrict the use. of the. subject property in the following manner: That said properties shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. However, the sale of individual condominium units shall not be prohibited. The DEVELOPER further agrees that this condition, restriction, and limitation shall be deemed a covenant running with the land and shall remain in full force and effect and bebinding upon the undersigned, its successors and assigns, until such time as the same may be released in writing by the Director of the Department, provided, however, that said release shall only be executed when additional water and sewer facilities within dedicated rights -of - way have been properly constructed at no cost to the COUNTY, so that all portionsof the property can be served from water and sewer facilities adjacentto and abutting said property. The DEVELOPER does hereby fully warrant that it has good title to the above described property and that it has full power and authority toexecuted this Unity of Title. IN WITNESS WHEREOF, the DEVELOPER, has caused these presents to be executed and signed by its officials hereto on the day and year first set forth above. ATTEST: By: iri•Mat yHirai,�'i y Clerk Cesar H. Odio, City Manager By: APPROVED AS TO FORM AND CORRECTNESS: By: j'J, 1/4AIII V A. Qui Jof� , II City Attorn STATE OF FLORIDA ) :ss COUNTY OF DADE ) The fore day of My Commission Expires: r g instrument was acknowledged before me this / / , 19 , by Cesar H. Odio, as City Manager of the City of Miam', a municipal corporation organized under the Laws of the State of lorida. He is personally known to me and did take an oath. Notary Public, State of Florida At Large • Printed Name: My Commission Number is: ROTARY PUBLIC STATE OF FLORIDA !IY COF44ISSION EXP. APR.26,1994 BONDED THRU GENERAL INS. UND. This instrument was prepared by: Jesse J. McCrary, Jr., Esq. 2800 Biscayne Boulevard Eighth Floor Miami, FL 33137 3 J-91-491 5/23/91 RESOLUTION NO. 9-� - '� 0 A RESOLUTION, WITIH ATTACIIMENT(S), APPROVING WITIHI CONDITIONS A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLE 17, ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF TIIE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE ST. HUGIH OAKS VILLAGE HOUSING PROJECT, PROPOSED BY TIIE HOUSING CONSERVATION AND DEVELOPMENT AGENCY, TO BE LOCATED AT APPROXIMATELY 3577-3601 SOUTHWEST 37TH AVENUE; 3676-3690 FRANKLIN AVENUE AND 3621-3699 MARLER AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), TO BE COMPRISED OF NOT MORE TIJAN 27,410 SQUARE FEET OF HABITABLE RESIDENTIAL AREA AND NOT MORE THAN 23 SINGLE FAMILY CONDOMINIUM UNITS WITH 46 PARKING SPACES, WITH EACJI SINGLE FAMILY HOME BEING FREESTANDING AND DETACHED IN NATURE BUT WITIH COMMON FACILITIES SUCH AS A PLAYGROUND AREA, PRIVATE ROAD, COMMON OPEN SPACE AND TIIE LIKE; DESIGNATING TIIE SITE AS A PO -PLANNED DEVELOPMENT OVERLAY DISTRICT; ESTABLISHING AN EXPIRATION DATE; MAKING FINDINGS; DIRECTING THE CITY CLERK TO SEND A COPY OF THE RESOLUTION TO TIIE DEVELOPER; PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON TIIE APPLICANT AND SUCCESSORS IN INTEREST; PROVIDING FOR RELIANCE ON THE APPLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the housing Conservation and Development Agency has filed a Major Use Special Permit application pursuant to Articles 4 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the preliminary plans for the St. Hugh Oaks Village Housing Project have been reviewed and the Project has been found to be efficient, convenient and accessible; and. WHEREAS, development of the St. Hugh Oaks Village dousing Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and • WHEREAS, the Department of Development & IIousing Conservation (c/o City of Miami) has submitted an application foi: a Major Use Special Permit for the St. Hugh Oaks Village Housing Project; and AlliACHMENTS CONTAINED CITY CONIMISSIO11 MEETING OP MAY 23 1991 $)_i.- 4.03 RttO VTWOft No WIIEREAS, the City of Miami_ Commission, at its meeting of November 3, 1988, adopted Resolution No. 88-1048, APPROVING IN PRINCIPLE, the designation of the 3.16 acre City -owned St. Hugh Oaks parcel as a Category "13" project for the purpose of facilitating the planning and. design of a thirty (30) unit single family residential housing development affordable by income families in the Coconut Grove Neighborhood; and WHEREAS, the Miami Planning Advisory Board, at its meeting of March 20, 1991, following an advertised public hearing, adopted Resolution No. PAB 22-91 by a, vote of 7 to 0, RECOMMENDING APPROVAL of the Major Use Special Permit for the St. Hugh Oaks Village ]lousing Project; and WHEREAS, the City. of Miami Commission, at its meeting of April 25, 1991, adopted Resolution No. 91-325, .APPROVING IN. PRINCIPLE, moderate the issuance of a Major Use Special Permit for the subject Project, subject to further community input prior to a final decision by the City Commission; and WHEREAS, the City Commission, during a public hearing, has considered the Application for Major Use Special Permit; and WIHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit as hereinafter set forth; 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 Hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit, attached hereto as Exhibit "A" and made a part hereof, is hereby approved with conditions per Article 17 of Zoning Ordinance No. 11000, for the St. Hugh Oaks Village Housing Project (hereinafter referred to as the "PROJECT") to be developed by the Department of Development & Housing Conservation (c/o City of Miami) located at approximately 3577-3601 Southwest 37th Avenue; 3676-3689 Franklin Avenue and 9:1 -- 1103 3621-3699 Marler Avenue, Miami., Florida, more particularly - described as Lots 9-22 inclusive and Lots A-F inclusive, Block 37, AMENDED PLAT OF FROW HOMESTEAD, Plat Book "B" at Page 106 of the Public Records of Dade County, Florida, to be comprised of not more than 27,410 square feet of habitable residential area and not more than 23 single family condominium units with 46 parking spaces, with each single family home being freestanding and detached in nature but with common facilities such as a playground area, private road, common open space and like amenities. Section 3. The 3.16 acre site is hereby designated a PD-Planned Development Overlay District, per Article 5 of Zoning Ordinance No. 11000. Section 4. The City Commission Hereby finds that the construction of condominium single family residences in this area is consistent with R1 Zoning designation and the Single Family Residential land use designation. Section 5. The City Commission hereby makes findings of fact, as set forth below, with respect to the subject PROJECT. (a) The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1909-2000, as amended. (b) The PROJECT is in accord with the district zoning classification of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; the Zoning Board having granted a variance for setbacks on March 4, 1991. Pursuant to Section 1305 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, off-street parking and loading, refuse and service areas, (c) signs and lighting, utilities, drainage, -3- "- 403 preservation of natural features and control of potentially adverse effects generally, have been considered and determined to be acceptable, and will be further considered administratively during the process of issuing a building permit and a certificate. of occupancy. (d) The PROJECT is expected to cost $3.5 million, to employ a full time equivalent of approximately 50 workers during construction, and to -result in the creation of three (3) permanent new jobs. Section 6. The City Commission hereby further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) the proposed parking for the PROJECT is efficient, convenient and accessible; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; .(6) the PROJECT will have a negative impact upon the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely. affect public safety; (9) the public welfare will be ' served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, -4- 9 1-- 403 trees, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 7. The Major Use Special Permit, as approved herein, shall be binding upon the Appii.cant/Permittee and its successors or assigns. Section 8. The application for Major Use Special Permit which was submitted by the Applicant on January 31, 1991, and which is on file with the Planning, Building and Zoning Department of the City of Miami, Florida, shall be relied upon for administrative interpretations and is made a part hereof by reference. Section 9. This Major Use Special Permit will expire two (2) years from its effective date. Section_10. The City Clerk is directed to send a copy of this Resolution and attachment to the developers: the Department of Development & Housing Conservation c/o City of Miami, 300 Biscayne Blvd. Way, Suite 401, Miami, Florida 33131. Section 11. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rc1 day of Ma , 1991. MATTY • HIRAI, CITY CLERK PREPARED AND APPROVED BY: dI LE. MAXWELL/ EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -5- XAVIER L. SUA •Z, MAYOR JEM/db/gmb/M2263 91-- 1,03 EXHIBIT "A" ATTACHMENT TO RESOLUTION NO. 91-403. ST. HUGIH OAKS VILLAGE HOUSING PROJECT MAJOR USE SPECIAL PERMIT Let it be known that pursuant to Articles 4 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the St. Ilugh Oaks Village housing development ("Project"), pursuant to Zoning Ordinance No. 11000. The PROJECT shall be comprised of not more than 27,410 square feet of habitable residential area and not: more than 23 single family condominium units with 46 parking spaces, with each single family home being freestanding and detached in nature but with common facilities such as a playground area, private road, common open space and the like and will be located at approximately 3577-3601 Southwest 37th Avenue; 3676-3696 Franklin Avenue and 3621-3699 Marler Avenue, Miami, Florida, more particularly described as Lots 9-22 inclusive and Lots A-F inclusive, Block 37, AMENDED PLAT OF FROW HOMESTEAD, Plat Book "13" at Page 106 of the Public Records of Dade County, Florida, subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of. the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan; the City Commission hereby approves the Application for a Major Use Special Permit for the Project with the condition that said Project be developed and constructed substantially in conformance with the plans submitted with the Application by the Applicant, the Housing Conservation and Development Agency of the City of Miami ("Applicant/Permittee"), except as limited above. FINDINGS OF FACT The PROJECT conforms to the requirements of the applicable zoning district, as contained in Ordinance No. 11000, the Zoning 91- 403 Ordinance of the City of Miami, Florida, as amended. No special exceptions are contemplated for execution of the PROJECT. The comprehensive plan future laird use designation allows the proposed use. The PROJECT incorporates suggestions received from 'the Miami Large Scale Development Committee Meeting and will be constructed substantially in accordance with plans and design schematics on file dated January 25, 1991, and prepared by Andres Duany and Elizabeth Plater-Zyberk, Architects, as modified by the City Commission at its'Meeting of May 23, 1991. The PROJECT, as defined above, meets the requirements for the designation and for the issuance of a Major Use Special Permit Development Order. cQNDI IME TILE APPLICANT/PERMITTEE AND IT'S SUCCESSORS OR ASSIGNS SIIALL: 1. meet all requirements pursuant to all applicable building codes, land development regulations, ordinances and other laws; 2. provide a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the requisite permit or approval must he obtained from each within six (6) months from the issuance of this Major Use Special Permit; 3. provide a letter from the Fire, Rescue and Inspection .Services Department indicating APPLICANT/PERMITTEE'S coordination with members of the Fire Plan Review Section at the Fire Rescue and Inspection Services Department in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply within six (6) months from the issuance of this Major Use Special Permit; 4. provide a letter of assurance from the Solid Waste Department within six (6) months from the issuance of this Major Use Special Permit; -2- 9.1-- 103 5. plant and/or relocate all required trees_ at the APPLICANT/PERMITTEE' S expense and maintain such trees in healthy condition for one year; 6. prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of this Major Use Special Permit to the City's Director of Minority and Women Business Affairs for review and continents, it being understood that Applicant/Perm.i_Ltee shall. comply with the City's Minority and Women Business Affairs and Procurement Ordinance codified in Article IV.5 of Chapter 10 of the Code of the City of Miami, Florida; and 7. prepare a Minority Contractor/Subcontractor Participation Plan within ninety (90) days of the issuance of this Major Use Special Permit to the City's Director of Minority and Women Business Affairs for review and comment, it being Understood that the Applicant/Permittee shall comply with the City's Minority and Women Business Affairs and THE 1. Procurement Ordinance codified in Article IV.5 of the Code of the City of Miami, Florida. CITY SIHALL: subject to payment of all applicable of Chapter 10 fees due, establish the effective date of this Major Use Special Permit as being the date of the herein City Commission approval, with said effective date constituting the commencement of the 30 day period to appeal from the provisions of this Permit. ACKNOWLEDGMENT WITNESS WITNESS APPROVED AS TO FORM AND CORRECTNl3_SS Jojge L. F rnandez Ci-y Atto ney All Conditions Accepted By Applicant/Permittee: DEPARTMENT OF DEVELOPMENT & HOUSING CONSERVATION By: Herbert J. Bailey Direc Lor -3- fir-' 403 6 d\3441 ATTEST: Matty Hirai City Clerk STATE OF FLORIDA) )S.S. COUNTY OF DADE ) CITY OF MIAMI, a municipal corporation of the State of Florida By: Cesar 11. Odio City Manager (SEAL) I hereby certify that on this clay, before me, an officer duly authorized in the county and state aforesaid, personally appeared Herbert J. Bailey and Cesar 11. Odio, to me known to be the persons described in and who executed the foregoing instrument, and they acknowledged that they executed this document for the purposes therein expressed. ' WITNESS MY HAND and official seal on this day of , 1991. My commission expires: Notary Public, State of Florida at Large -4-