HomeMy WebLinkAboutR-23-0301City of Miami
Resolution R-23-0301
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Legislation
File Number: 14077
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AND
ACCESS EASEMENT AGREEMENT ("EASEMENT"), PURSUANT TO
SECTION 29 B (C) OF THE CHARTER OF THE CITY OF MIAMI, CONVEYING
PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL
AGENCY OR INSTRUMENTALITY, TO 191 SW 12 OWNER LLC, A
DELAWARE LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR A NOW
EXCLUSIVE EASEMENT ON CITY OF MIAMI ("CITY") OWNED PROPERTY
LOCATED AT 140 AND 142 SOUTHWEST 11 STREET (FOLIO NOS. 01-0208-
050-1010 AND 01-4138-051-0380) AND 1105, 1115, 1131, 1133 SOUTHWEST
2 AVENUE (FOLIO NOS. 01-4138-051-0400, 01-4138-051-0410, 01-4138-051-
0390 AND 01-4138-051-0420), MIAMI, FLORIDA ("CITY PROPERTY") FOR
THE PURPOSES OF PROVIDING ACCESS AND INGRESS THERETO AND
EGRESS THEREFROM, OVER, UPON, THROUGH AND ACROSS THE CITY
PROPERTY, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THE EASEMENT AND CONSISTENT WITH THE "PUBLIC BENEFIT
AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION
NO. 4" RECORDED ON APRIL 13, 2020 IN OFFICIAL RECORDS BOOK 31909,
AT PAGE 847 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA (AS AMENDED, RESTATED, SUPPLEMENTED AND REPLACED
FROM TIME TO TIME ("PBA"); FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID
EASEMENT.
WHEREAS, the City of Miami ("City") is the owner of that certain property located at 140
and 142 Southwest 11 Street (Folio Nos. 01-0208-050-1010 and 01-4138-051-0380) and 1105,
1115, 1131, 1133 Southwest 2 Avenue (Folio Nos. 01-4138-051-0400, 01-4138-051-0410, 01-
4138-051-0390 and 01-4138-051-0420), Miami, Florida ("City Property"); and
WHEREAS, 191 SW 12 Owner LLC ("Developer') is the owner of that certain real
property adjacent to and with the same block as the City Property ("Developer Property", and
together with the City Property, collectively, "Property"); and
WHEREAS, pursuant to Resolution No. R-20-0059 adopted by the City Commission, the
Property is subject to a certain instrument titled "Public Benefit Agreement Regarding
Construction of the New Fire Station No. 4" recorded on April 13, 2020 in Official Records Book
31909, at Page 847 of the Public Records of Miami -Dade County, Florida (as amended,
restated, supplemented and replaced from time to time ("PBA"); and
City of Miami Page 1 of 2 File ID: 14077 (Revision:) Printed On: 712012023
File ID: 14077 Enactment Number: R-23-0301
WHEREAS, the Developer and City have agreed that the Developer shall construct a
New Fire Station as part of a mixed -use tower development, which shall include residential,
hotel, office, wellness and other uses, along with a parking garage, which shall be followed by
improvements to the existing Southside Park, including, but not limited to new playgrounds, dog
park, athletic courts, and sculpture lawn space (collectively, "Project"), all in accordance with the
improvements contemplated by the site plan; and
WHEREAS, this Easement is being conveyed pursuant to section 29-B (c) of the charter
of the City of Miami, authorizing the conveyance of property to implement projects of any
governmental agency or instrumentality; and
WHEREAS, the City Manager hereby requests authorization to negotiate and execute
the construction and access easement agreement ("Easement') for the Project, in a form
acceptable to the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY 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. The City Manager is hereby authorized' to negotiate and execute an
Easement, to the Developer, pursuant to section 29-B (c) of the Charter of the City of Miami,
authorizing the conveyance of property to implement projects of any governmental agency or
instrumentality; and in a form acceptable to the City Attorney.
Section 3. The City Manager is further authorized' to negotiate and execute all other
necessary documents, including amendments and modifications to said Easement, all in a form
acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 4. This Resolution shall be effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
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' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, 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.
City of Miami Page 2 of 2 File ID: 14077 (Revision:) Printed on: 712012023