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HomeMy WebLinkAboutAgenda Item Summary Form1TY OF Hw AGENDA ITEM SUMMARY FORM File ID: #14077 Date: Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 07/13/2023 Sponsored By: District Impacted: District 3 Type: Resolution Subject: Execute Construction & Access Easement Agreement - Fire Station #4 Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a construction and access easement agreement ("Easement"), in a form acceptable to the City Attorney, to 191 SW 12 Owner LLC, a Delaware Limited Liability Company ("Developer"), for a non-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, (the "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. Background of Item: 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"). 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 (the "Developer Property", and together with the City Property, collectively, the "Property"). Pursuant to Resolution No. R-20- 0059 adopted by the City Commission, the Property is subject to a certain instrument entitled "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, (the "PBA"). 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, the "Project"), all in accordance with the improvements contemplated by the site plan. 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. 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 Department of Real Estate and Asset Management Review Completed 06/14/2023 11:22 AM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Andrew Frey Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Completed City Manager Review Completed Legislative Division Review Completed Isiaa Jones ACA Review Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 06/16/2023 10:49 AM 06/16/2023 11:43 AM 06/21/2023 4:09 PM 06/22/2023 8:37 AM 06/23/2023 8:19 AM Completed 07/03/2023 1:48 PM 07/13/2023 9:00 AM 07/19/2023 9:09 PM 07/19/2023 9:43 PM 07/19/2023 9:43 PM of .�f City of Miami CityHall * iM°nr H°TF° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0301 File Number: 14077 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 NON-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 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 'Afr—�N4:Z ��� i ria i "ndez, Cify Attor iey 713J2023 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. Z 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.