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HomeMy WebLinkAboutR-99-0067J-99-21 1/26/99 RESOLUTION NO. () () _ 6 7 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, APPROVING, IN PRINCIPLE, THE NEGOTIATED SETTLEMENT BETWEEN THE CITY OF MIAMI AND PAN AM AIR BRIDGE (THE PREDECESSOR IN INTEREST TO CHALK'S INTERNATIONAL AIRLINES), SUBJECT TO A FAVORABLE DUE DILIGENCE BACKGROUND REVIEW OF THE PRINCIPALS INVOLVED IN THE INTENDED TRANSACTION, THE TERMS OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, IN CONNECTION WITH THE REDEVELOPMENT OF THE WATSON ISLAND AIR TERMINAL FACILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS OF ,ALL NECESSARY RELATED AGREEMENTS AND TO PRESENT SAID AGREEMENTS TO THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL PRIOR TO EXECUTION. WHEREAS, the City Commission adopted Resolution No. 89-538, on June 7, 1989, which authorized the City Attorney to enter into a standstill agreement with Pan Am Air Bridge (the predecessor in interest to Chalk's International Airlines), which precluded legal action for a period of ten years, as it related to the claim of adverse possession with respect to the parcel of land located on Watson Island occupied by Pan Am Air Bridge; and WHEREAS, Resolution No. 93-333, adopted May 13, 1993, authorized the City Manager to enter into a Joint Participation Agreement with the State of Florida Department of Transportation, E rff COMOSSiON ME£T= OF JAM 2 6 1999 Resolution No. for the purpose of implementing the Watson Island Air Transportation Facility planning program; and WHEREAS, pursuant to Resolution No. 96-281, adopted on April 25, 1996, the City Commission instructed the City Manager to negotiate an interlocal agreement with the Miami Sports and Exhibition Authority, for the purpose of developing a regional visitors center and aviation facility (the "Project"); and WHEREAS, the City of Miami has been engaged in negotiations with Pan Am Air Bridge to resolve the adverse possession claim which affects a portion of the parcel wherein the Project is to be located; and WHEREAS, to move forward with the construction and implementation of the Project, the City desires to resolve the adverse possession claim, and wishes to approve, in principle, the negotiated settlement between the City of Miami and Pan Am Air Bridge, subject to a favorable due diligence background review of the principals involved in the intended transaction; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby approves, in principle, the negotiated settlement between the City of Miami and Pan Am Air Bridge (the predecessor in interest to Chalk's International Airlines), subject to a favorable due diligence - 2 - 99 - 67 1 4 background review of the principals involved in the intended transaction, the terms of which are set forth in the attachment, which is incorporated by reference and made a part hereof. Section 3. The City Manager is authorized to negotiate the terms of all other necessary related agreements in connection with the redevelopment of the Watson Island Air Terminal Facility and to present said agreements to the City Commission for its review and approval. prior to execution. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayorll. PASSED AND ADOPTED this 26th day of January , 1999. JOB CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not ind:cafe approval of this legislation by signing it in the designated pl�,cr pravidod, becomes effective with the elapse of ten (10) days from the date of Comm astri actic- regarding same, without the Mayor exercis' a eto. ATTEST: j �t Walt oernan, City Clerk WALTER J. FOEMAN, Q Y CLERK AP 150:CSK:BSS AND CORRECTNESS: 1/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. - 3 - 9 c9 - 67 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commis 1 FROM: Alejandro Vilarello, Ci DATE: December 31, 19 RE: Resolution for 12199 ommission Meeting agenda RECOMMENDATION I recommend that the City Commission adopt the attached Resolution approving the terms of a settlement between the City of Miami and Pan Am Air Bridge (the predecessor in interest to Chalk's International Airlines). This relates to the redevelopment of the Watson Island Air Terminal Facility. It authorizes the City Manager to negotiate the terms of the agreement and to bring any documents or agreements back to the City Commission for approval before execution. BACKGROUND On June 7, 1989, the City of Miami and Chalk's International Airlines reached a settlement regarding Chalk's occupancy on Watson Island to preserve the status quo for a period of ten years. The agreement related to the parcel of land currently occupied by Pan Am Air Bridge (the predecessor in interest to Chalk's International Airlines). E In 1993, the City, in partnership with the Florida Department of Transportation, initiated a master planning effort for the redevelopment of aviation facilities on Watson Island. This effort included the land parcel occupied by Pan Am Air Bridge. In accordance with the 1989 settlement - agreement, the City and Pan Am Air Bridge agreed to relocate the existing Pan Am operations to be a part of the new Watson Island Aviation Facility project. To accomplish the relocation, the parties have agreed to certain terns and conditions as outlined in the attached Term Sheet. Upon approval of the terms by the City Commission, the City staff will negotiate the conditions to be included in other supporting agreements which will be brought before the City Commission for review and approval prior to execution.