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~ Master Report
File Number: 11716
Revision: A
Enactment Number: R-22-0157
File Type: Resolution
File Name: Easement - Miami Freedom Park
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Status: ADOPTED
Controlling Body: City Commission
Introduced: 3/18/2022
Requesting Dept: Commissioners and Mayor Final Action Date: 4/28/2022
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS AFFIRMATIVE VOTE WAIVING COMPETITIVE BIDDING,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("CONSTRUCTION
EASEMENT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN
FAVOR OF MIAMI FREEDOM PARK, LLC, A LIMITED LIABILITY COMPANY ("MFP"),
FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-
EIGHT (58) ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY WITHIN A
PORTION OF LAND LOCATED AT 1400 NORTHWEST 37 AVENUE, MIAMI, FLORIDA
("PARENT TRACT"), AS MORE PARTICULARLY DESCRIBED IN THE SURVEY
ATTACHED AND INCORPORATED AS EXHIBIT A, FOR THE LIMITED PURPOSE OF
CONSTRUCTION AND STAGING FOR THE DEVELOPMENT OF THE DEMISED
PROPERTY IMPROVEMENTS AND PARK IMPROVEMENTS AS DEFINED IN AND
PURSUANT TO THE CONSTRUCTION ADMINISTRATION AGREEMENT BETWEEN
THE CITY, MFP, AND INTER MIAMI STADIUM, LLC ("CAA") AUTHORIZED BY THE
CITY COMMISSION FOR NEGOTIATION AND EXECUTION BY THE CITY MANAGER
SIMULTANEOUSLY WITH THIS CONSTRUCTION EASEMENT AGREEMENT, FOR A
TERM NOT TO EXCEED THE EARLIER OF (1) TERMINATION OF THE CAA OR (2)
AN EARLIER DATE MUTUALLY AGREED TO BY THE CITY AND MFP, PROVIDING
THAT UPON COMPLETION OF THE PARK IMPROVEMENTS, THE SCOPE OF THE
CONSTRUCTION EASEMENT AGREEMENT SHALL BE REDUCED TO ONLY THAT
ACCESS REASONABLY NECESSARY TO COMPLY WITH THE ENVIRONMENTAL
COMPLIANCE PROVISIONS CONTAINED IN THE CAA; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INGRESS, EGRESS, AND
UTILITY EASEMENT AGREEMENT ("ACCESS AND UTILITY EASEMENT
AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FAVOR OF
MFP, PROVIDING FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF A
COMBINED TOTAL OF APPROXIMATELY ELEVEN (11) ACRES WITHIN THE
PARENT TRACT, AS MORE PARTICULARLY DESCRIBED IN THE SURVEYS
ATTACHED AND INCORPORATED AS EXHIBIT B, FOR THE LIMITED PURPOSE OF
PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, AND FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND
UTILITIES AND PUBLIC INFRASTRUCTURE, FURTHER PROVIDING FOR A
TEMPORARY, NON-EXCLUSIVE EASEMENT OF A COMBINED TOTAL OF
APPROXIMATELY ONE-HALF (1/2) ACRE WITHIN THE PARENT TRACT, AS MORE
PARTICULARLY DESCRIBED IN THE SURVEYS ATTACHED AND INCORPORATED
AS EXHIBIT C, FOR THE LIMITED PURPOSE OF PEDESTRIAN INGRESS AND
EGRESS AND CONSTRUCTION OPERATION AND MAINTENANCE OF THE
PEDESTRIAN BRIDGE, FOR A TERM NOT TO EXCEED THE LATER OF (1) THIRTY-
NINE (39) YEARS FROM THE LEASE COMMENCEMENT DATE, AS DEFINED IN THE
COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY AND MFP ("COMMERCIAL
LEASE") AUTHORIZED BY THE CITY COMMISSION FOR NEGOTIATION AND
EXECUTION BY THE CITY MANAGER SIMULTANEOUSLY WITH THIS ACCESS AND
UTILITY EASEMENT AGREEMENT OR (2) EXPIRATION OF THE TERM OF ANY
City of Miami Page 1 of 2 Printed on: 6/13/2022
City of Miami City Hall
3500 Pan American Drive
Miami, FL 33133
Master Report www.miamigov.com
Enactment Number: R-22-0157
SUBLEASE IN EFFECT AND SUBJECT TO A NON -DISTURBANCE AGREEMENT, AS
DEFINED IN THE COMMERCIAL LEASE.
Sponsor(s): Mayor Francis X. Suarez
Notes: Revision A has the Scrivener's amendment by law department and per legal opinion, it may
be certified instead of the original version
Links:
Attachments: 11716 Exhibit A (PDF)
11716 Exhibit B (PDF)
11716 Exhibit C (PDF)
11716 Back -Up Documents - Draft Access Utility Easement (PDF)
11716 Back -Up Documents - Draft Construction Easement (PDF)
11716 Notice to the Public (PDF)
11716 Scrivener's Error Memo (PDF)
11716 Legislation SUB (PDF)
History of Legislative File:
Revision:
Acting Body:
Date:
Action:
Result:
City Commission
4/28/2022
Meeting
Completed
City Commission
4/28/2022
ADOPTED
Passed
A
Mayor's Office
5/6/2022
Signed by the Mayor
Completed
A
City Clerk's Office
5/6/2022
Signed and Attested by the City
Completed
Clerk
A
Victoria Mendez
5/30/2022
Approved Form and
Completed
Correctness
A
Victoria Mendez
5/30/2022
Approved Form and
Completed
Correctness
A
City Clerk's Office
6/10/2022
Rendered
Completed
City of Miami Page 2 of 2 Printed on: 6/13/2022