HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5926
Date: 05/16/2019 Requesting Department: Department of Real
Estate and Asset Management
Commission Meeting Date: 07/25/2019 Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Authorize - Declaration of Restrictive Covenants - YWCA -MG Holdings
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a Declaration of Restrictive Covenants Running with the Land
approved per Resolution R-18-0497 ("Covenant"), with modifications, in a form
acceptable to the City Attorney, to allow Miami -Dade County ("County") to convey a
certain portion of the property identified as Folio(s): 01-0106-070-2010, 01-0106-070-
2020, and 01-0106-070-2060, as described in Exhibit "C" of the Covenant (the
"Property"), to YWCA -MG HOLDINGS, LLC ("YWCA Subsidiary"); further authorizing
the City Manager to execute any and all necessary documents, including amendments
and modifications, in a form acceptable to the City Attorney, as may be necessary to
effectuate said Covenant.
Background of Item:
The Miami City Commission adopted Resolution R-18-0497 authorizing the City
Manager to execute the Declaration of Restrictive Covenants Running with the Land
("Covenant"). The YWCA of Greater Miami -Dade, Inc., a Florida Not for Profit
Corporation ("YWCA") requested modifications to the Covenant. The sole modification
to the Covenant is to allow the County to convey to YWCA's wholly owned subsidiary
YWCA -MG HOLDINGS, LLC ("YWCA Subsidiary").
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
Real Estate and Asset Management Yvonne Hernandez
Office of Management and Budget
Pedro Lacret
Office of Management and Budget
Christopher M Rose
City Manager's Office
Fernando Casamayor
City Manager's Office
Nikolas Pascual
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Daniel Diaz
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Nicole Ewan
Department Head Review
Completed
05/16/2019 1:50 PM
Budget Analyst Review
Completed
05/20/2019 2:35 PM
Budget Review
Completed
05/20/2019 2:42 PM
Assistant City Manager Review
Completed
05/21/2019 9:27 AM
City Manager Review
Completed
05/23/2019 10:37 AM
Legislative Division Review
Completed
06/07/2019 10:40 AM
ACA Review
Completed
06/11/2019 5:00 PM
Deputy City Attorney Review
Completed
07/11/2019 5:37 PM
Approved Form and Correctness
Completed
07/16/2019 10:40 AM
Meeting
Completed
07/25/2019 9:00 AM
Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 08/02/2019 9:00 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 08/02/2019 9:25 PM
Office of the City Clerk City Clerk's Office Rendered Completed 08/02/2019 9:26 PM
o City of Miami City Hall
* IMLALI 81 LIIO
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Miami, FL 33133
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Resolution
Enactment Number: R-19-0311
File Number: 5926 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
WHEREAS, the County also received a request from the Florida Department of
Transportation (TDOT") 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.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' 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.
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.
APPROVED AS TO FORM AND CORRECTNESS:
1
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