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City of Miami
City Hall
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Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 09-01043
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S
CLUB ("CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23)
FOOT WIDE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, OF THE PROPERTY
LOCATED AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE
CONSTRUCTION OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC
ACCESS TO THE WATERFRONT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND ALL DOCUMENTS WHICH ARE NECESSARY TO
EFFECTUATE SAID CONVEYANCE.
WHEREAS, the Miami Woman's Club ("Club") is the owner in fee simple of the land located at
1737 North Bayshore Drive, Miami, Florida, more particularly described in Exhibit "A", attached and
incorporated (the "Property"); and
WHEREAS, on January 28, 2008, the Miami Woman's Club made a presentation to the Board
of Commissioners of the Omni Redevelopment District Community Redevelopment Agency (the "Omni
CRA") and requested a grant, in the amount of $3,750,000, to underwrite costs associated with repairs
and 40 -year recertification of its building at the Property; and
WHEREAS, on February 25, 2008, the Board of Commissioners of the Omni CRA authorized a
grant, in an amount not to exceed $1,800,000, to the Miami Woman's Club, for repairs and
recertification and directed the Executive Director to include the remaining portion requested in the
next fiscal year's budget; and
WHEREAS, on April 27, 2009, the Board of Commissioners of the Omni CRA authorized a
grant, in an amount not to exceed $1,950,000, for a total amount not to exceed $3,750,000, to the
Miami Woman's Club for the required repairs in connection with the 40 -year recertification; and
WHEREAS, the Miami Woman's Club and the Omni CRA entered into that certain Grant
Agreement dated November 18, 2008, and as a condition of the Grant Agreement, the grantor is
required to grant the City of Miami ("City"), in perpetuity, an approximately twenty-three (23) foot wide
pedestrian easement running over the entire length of the Property; and
WHEREAS, the grantor does hereby grant, give and convey to the City, its successors and
assigns, a perpetual easement for any appropriate public proposes, including but not limited to,
pedestrian ingress, egress and access over and across the Baywalk Easement Area; and
City of Miami Page I of 2 Printed On: 9/22/2009
File Number 09-01043
WHEREAS, the City shall have the right, but not the obligation, to design, construct a baywalk,
landscaping and related improvements within the Baywalk Easement Area; and
WHEREAS, the City shall have the right to remove any improvements currently located within
the Baywalk Easement Area, including, but not limited to the existing fence; and
WHEREAS, the Omni CRA will fund the construction of the baywalk granted in this easement;
and
WHEREAS, upon completion of construction of the improvements by the City, the completed
improvements shall be perpetually maintained by the Club in good, clean and first-class condition;
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.
Section 2. The City Manager is authorized{1} to accept from the Miami Woman's Club, in
perpetuity, an approximately twenty-three (23) foot wide baywalk easement, as more particularly
described in Exhibit "A", attached and incorporated, of the Property, for the construction of the baywalk
to be used as a permanent public access to the waterfront.
Section 3. The City Manager is further authorized{1} to execute the Grant of Easement, in
substantially the attached form, and all documents which are necessary to effectuate said conveyance.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} 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
{2} 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
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