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3/30/72
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RESOLUTION 7001-062y
A RESOLUTION ACCEPTING THE COVENANT TO RUN
WITH THE LAND FROM THE YOUNG WOMEN'S
CHRISTIAN ASSOCIATION OF GREATER MIAMI AND
DADE COUNTY, INC. RELATING TO THE CONSTRUC-
TION AND OPERATION OF A DORMITORY TYPE
BUILDING LOCATED AT 100 S. E. 4TH STREET;
AND AUTHORIZING THE ISSUANCE OF A PERMIT
FOR SAID CONSTRUCTION.
WHEREAS, the Young Women's Christian Association of
Greater Miami and Dade County, Inc. is proposing to con-
struct a new dormitory facility at 100 S. E. 4th Street;
and
WHEREAS, in connection with the request for permission
to construct said dormitory facility, The Young Women's
Christian Association of Greater Miami and Dade County,
Inc. executed and filed with the City of Miami a Covenant
to Run With the Land containing all the customary protections
for the City of Miami, including stipulations that the Covenant
makes clear the proposed usage of the property by the YWCA,
and the Covenant guarantees that the building will be made
to conform with the zoning ordinance in the event it is sold
or leased to parties other than the YWCA;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. That the Covenant to Run With the Land
executed by The Young Women's Christian Association of
Greater Miami and Dade County, Inc. in favor of the City of
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Miami, stipulating the proposed usage by the YWCA for
a proposed dormitory facility to be located at 100 S. E.
4th Street, and stipulating a guarantee that the building
will be made to conform to the zoning ordinance in the
event it is sold or leased to parties other than the YWCA,
a copy of said Covenant Running With the Land attached
hereto and by this reference made a part hereof, be and the
same is hereby accepted.
Section 2. That the proper officials of the City of
Miami are hereby authorized and directed to issue the
necessary permits for the construction of the aforementioned
dormitory building at 100 S. E. 4th Street, with the
stipulations described in the aforesaid Covenant.
PASSED AND ADOPTED this fo day of , 1972.
PREPARED AND APPROVED BY:
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R. Harris Turner, Assistant City Attorney
REVIEWED BY:
ack R. Rice, Assistan rector
APPRO APPRO AS TO/FORM' ORRECTNES
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ALan H. Rothstein, City Atto
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COVENANT
THIS COVENANT, made and executed at Miami, Florida,
by THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI
AND DADE COUNTY, INC., a non-profit Florida corporation, herein
referred to as "YWCA", in favor of the CITY OF MIAMI, FLORIDA,
WITNESSETH:
WHEREAS, YWCA is the owner of the property situate,
lying and being in Miami, Dade County, Florida, as described
in a Legal Description attached hereto as Exhibit "A" and ex-
pressly made a part hereof; and,
WHEREAS, YWCA desires to construct and operate a
dormitory type building on said property, and has applied to
the CITY OF MIAMI for a Building Permit for the construction
of such a building; and,
WHEREAS, the CITY OF MIAMI is willing to approve the
building Plans and Specifications and issue a Building Permit
for said Dormitory Building, conditioned upon the execution of
this Covenant;
NOW, THEREFORE, the YWCA, in consideration of the
premises, as well as upon other good and valuable considerations
to it in hand paid, receipt of which is hereby acknowledged,
does expressly covenant and agree as follows:
1. That the YWCA will construct and operate upon its
said property a dormitory type building, such construction to
conform to the Plans and Specifications to be approved by the
CITY OF MIAMI at the time of the issuance of a Building Permit
for same; and that the YWCA will operate such Dormitory Building
as residence quarters, in keeping with its policies and purposes.
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"SUPPORTIVE DOCUMENT
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AQSENBERG. ROSENSERG. REISMAN 6 GLASS. ATTORNEYS AT LAW, MIAMI, FLORIDA
2. That should the YWCA sell or lease the said
building after construction thereof, which will result in
cessation of the operation of a dormitory 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 MIAMI, FLORIDA.
THIS COVENANT 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, binding upon
and enforceable against the YWCA, its successors and assigns,
unless hereafter terminated by Resolution adopted by the CITY
OF MIAMI.
IN.WITNESS WHEREOF, the YWCA has caused these presents
to be executed in its name, by its proper Officer, this
day of , 1972.
Signed, sealed and delivered YOUNG WOMEN'S CHRISTIAN ASSOCIATION
in the presence of: OF GREATER MIAMI AND DADE COUNTY, INC._
By:
President
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STATE OF FLORIDA ) SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally
appeared , as President of YOUNG
WOMEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI AND DADE COUNTY,
INC., a non-profit Florida corporation, and acknowledged that
she'executed the foregoing Covenant, as such Officer, for the
purpose therein mentioned, and that the foregoing instrument
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ROSENBERG. ROSENBERG. REISMAN 4 GLASS. ATTORNEYS AT LAW. MIAMI, FLORIDA
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is the act and deed of the aforesaid corporation.
WITNESS •my hand and official seal at Miami, Dade
County, Florida, this day of , 1972.
Notary Public - State of Florida at Large
My Commission expires:
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ROSENBERG. ROSENSERG, REISMAN 6 GLASS, ATTORNEYS AT LAW, MIAMI, FLORIDA
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LEGAL DSCRTIreION:
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A11 that certain lot, tract or parcel of land 4*
tying and being situated in Fort Dallas.Park„
in the City of Miami, Florida, as shown as all L
of un-numbered block shown in said Fort Dallas
Park as per plat recorded in Plat Book 4, page
85, of the Public Records of Dade County, Florida, .
Save and Except the East 112 feet cf said Block • .
and more specifically described as follows, to -wit:
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Commence on the South boundary line .of Lot. 20
ofsaid Fort Dallas Park at a pOint 112 feet .
West of the Southeast corner of said Lot 20;
thence run. West along the South .boundary line
of Lot 20 to the Northwest corner of said ua-
numbered Block; thence South along the West
boundary line of said un-numbered Block; same
being the East boundaryline of Lot 19 of said
Fort Dallas Park according to'the plat afore-
said, to the low water mark on the 'Marti River;
•thence meander the low water mark of the Miami
• River to a point directly south of the point of
• beginning; thence North•parallel with the East
boundary line of said un-numbered Block to a •
point 112 feet West of the Southeast corner of •
•said Lot 20'aforesaid; being all of the um-
'nw.bered Block 'above referred to save and except.
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the East 112 feet thereof.
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EXHIBIT "A"
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