HomeMy WebLinkAboutR-20-0398City of Miami
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Legislation
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Resolution: R-20-0398
File Number: 8293
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FROM HARVEY SEEDS POST NO. 29 AMERICAN
LEGION, A FLORIDA NOT FOR PROFIT CORPORATION, SUBJECT TO A
LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 11, 2018
AND ASSIGNMENT OF LEASE TO MIMO BAY APARTMENTS HOLDINGS,
LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF
PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF A SIDEWALK
CONSTRUCTED ON NORTHEAST 64TH STREET AND NORTHEAST 7TH
AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY
DOCUMENTS RELATED TO THE PERPETUAL EASEMENT, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER DIRECTING AND
AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENT IN
THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA.
WHEREAS, Harvey Seeds Post No. 29 American Legion, a Florida not for profit
corporation ("American Legion"), is the owner of the fee simple title in and to the property
described in Exhibit "A" of the Perpetual Easement, attached and incorporated ("Property"); and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalk located on the Property and the American Legion has offered to grant a
Perpetual Easement to the City for said purposes over a portion of the Property as more
particularly described in Exhibit "B" to the Perpetual Easement, attached and incorporated; and
WHEREAS, the American Legion will construct, maintain, and assume liability
responsibility for the portion of the sidewalk located on the Property; and
WHEREAS, the purpose of the Perpetual Easement is to ensure that the general public
will have ingress and egress access to the portion of sidewalk located in the easement area;
and
WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement,
attached and incorporated;
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.
City of Miami Page 1 of 2 File ID: 8293 (Revision:) Printed On: 1213012020
File ID: 8293 Enactment Number: R-20-0398
Section 2. The City Manager is authorized' to accept the Perpetual Easement, in
substantially the attached form, from the American Legion subject to a Lease and Development
Agreement dated September 11, 2018 and Assignment of Lease to MIMO Bay Apartments
Holdings, LLC, a Delaware Limited Liability Company for the purpose of public pedestrian
access to portions of a sidewalk constructed on Northeast 64th Street and Northeast 7th
Avenue, Miami, Florida.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other documents necessary related to the Perpetual Easement, all in forms acceptable to the
City Attorney.
Section 4. The City Manager is further directed and authorized' to record said instrument
in the Public Records of Miami -Dade County, Florida.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ft6ria i ndez, CiFy Attor iey 12/1112020
' 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 Code
provisions.
City of Miami Page 2 of 2 File ID: 8293 (Revision:) Printed on: 1213012020