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HomeMy WebLinkAboutR-19-0311City of Miami q Legislation Resolution: R-19-0311 File Number: 5926 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("COVENANT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, MODIFYING THE DECLARATION OF RESTRICTIVE COVENANTS ORIGINALLY APPROVED PURSUANT TO RESOLUTION NO. 18-0497 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 MORE PARTICULARLY DESCRIBED IN EXHIBIT "D," ATTACHED AND INCORPORATED ("REMAINING PROPERTY"), TO YWCA -MG HOLDINGS, LLC ("YWCA SUBSIDIARY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE PURPOSES STATED HEREIN. WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 at Official Records Book 14938, Page 1719, the City of Miami ("City") conveyed to Miami -Dade County ("County") the property legally described in Exhibit "B," attached and incorporated ("Original Property"); and WHEREAS, the City conveyed the Original Property to the County for the purpose of the County 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 City of Miami Page 1 of 3 File ID: 5926 (Revision:) Printed On: 8/9/2019 File ID: 5926 Enactment Number: R-19-0311 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 "C" ("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 WHEREAS, pursuant to Resolution No. 18-0497 adopted on November 15, 2018, the City Commission authorized the City Manager to execute a Declaration of Restrictive Covenants Running with the Land ("Covenant") allowing the County to convey the Parcel to FDOT and to convey the remaining portion of the Original Property minus the Parcel to the YWCA; and WHEREAS, the YWCA requested a modification to the Covenant to allow the County to convey the Original Property minus the Parcel, as described in Exhibit "D," attached and incorporated ("Remaining Property"), to the YWCA's wholly owned subsidiary, YWCA -MG Holdings, LLC, a Florida not for profit corporation ("YWCA Subsidiary") ("Modified Covenant"); and WHEREAS, the City's Administration requests, pursuant to the terms of the Covenant, that the Modified Covenant be approved and that the conveyance be authorized; 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. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's determinations, findings, and recommendations, attached and incorporated as Exhibit "A," pursuant to Section 29-B(a) of the Charter of the City of Miami, Florida, as amended, and Section 18-182(c) of the Code of the City of Miami, Florida, as amended, are ratified, approved, and confirmed and the City Commission hereby waives the requirements for said procedures. Section 3. The City Manager is authorized' to negotiate and execute the Modified Covenant, in a form acceptable to the City Attorney, to allow the County to convey the Remaining Property, subject to the Modified Covenant, to the YWCA Subsidiary, the Modified Covenant being a condition precedent to the conveyance, with reverters and restrictions as more particularly described in the Modified Covenant. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including amendments and modifications, all in a form acceptable to the City Attorney, as may be necessary for the purposes stated herein. ' 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 City Code provisions. City of Miami Page 2 of 3 File ID: 5926 (Revision:) Printed on: 8/9/2019 File ID: 5926 Enactment Number: R-19-0311 Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ndez, ity ttor ey 7/16/2019 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. City of Miami Page 3 of 3 File ID: 5926 (Revision:) Printed on: 8/9/2019