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HomeMy WebLinkAboutLegislation- SUBCity of Miami Legislation Resolution File Number: 09-01043 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: y A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), n 7 AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S c v CLUB ("CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23) z FOOT WIDE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, OF THE PROPERTY o n z LOCATED AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE Z -i CONSTRUCTION OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC r p ACCESS TO THE WATERFRONT; FURTHER AUTHORIZING THE CITY o y ? MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE o n n z ATTACHED FORM, AND ALL DOCUMENTS WHICH ARE NECESSARY TO > EFFECTUATE SAID CONVEYANCE. r1n Z z� r� WHEREAS, the Miami Woman's Club ("Club") is the owner in fee simple of the land 6cated 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 requested a grant from the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency (the "Omni CRA"), 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 of the Omni CRA to include the remaining portion requested in the next fiscal year's budget; and WHEREAS, on April 27, 2009, 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 a 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 granted, 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 1 of 2 Printed On: 11/23/2009 M EDZ O M File Number: 09-01043 WHEREAS, the City has the right, but not the obligation, to design, construct a baywalk, landscaping and related improvements within the Baywalk Easement Area; and WHEREAS, the City has 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 may 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: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. City of Miami Page 2 of 2 Printed On: 11123/2009 SUBSTITUTED A ESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AU ORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S CLUB "CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23) FOOT DE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT' ", ATTACHED AND INCORPORATED, OF THE PROPERTY LOCATED A 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE CONSTRUCT N OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC ACCESS TOT WATERFRONT; FURTHER AUTHORIZING THE CITY MANAGER TOE CUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMND ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID CQNVEYANCE. WHEREAS, the Miami Woman's Clu "Club") is the owner in fee simple of the land located at 1737 North Bayshore Drive, Miami, Florida, mo particularly described in Exhibit "A", attached and incorporated (the "Property"); and WHEREAS, on January 28, 2008, the Miami oman's Club made a presentation to the Board of Commissioners of the Omni Redevelopment District ommunity Redevelopment Agency (the "Omni CRA") and requested a grant, in the amount of $3,750,00 to underwrite costs associated with repairs and 40 -year recertification of its building at the Property; an WHEREAS, on February 25, 2008, the Board of Commis loners of the Omni CRA authorized a grant, in an amount not to exceed $1,800,000, to the Miami Woma 's Club, for repairs and recertification and directed the Executive Director to include the rem 'Hing portion requested in the next fiscal year's budget; and WHEREAS, on April 27, 2009, the Board of Commissioners of the mni CRA authorized a grant, in an amount not to exceed $1,950,000, for a total amount not to exce $3,750,000, to the Miami Woman's Club for the required repairs in connection with the 40 -year re rtification; and WHEREAS, the Miami Woman's Club and the Omni CRA entered into that rtain Grant Agreement dated November 18, 2008, and as a condition of the Grant Agreement, thIkgrantor is required to grant the City of Miami ("City"), in perpetuity, an approximately twenty-three 3) 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`) 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 1 of 2 Printed On: 9/22/2009 CityCitof Miami City Hall 3500 Pan American d`> Drive a. Legislation Miami, FL 33133 www.miamigov.com Resolution le Number: 09-01043 Final Action Date: A ESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AU ORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S CLUB "CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23) FOOT DE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT' ", ATTACHED AND INCORPORATED, OF THE PROPERTY LOCATED A 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE CONSTRUCT N OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC ACCESS TOT WATERFRONT; FURTHER AUTHORIZING THE CITY MANAGER TOE CUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMND ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID CQNVEYANCE. WHEREAS, the Miami Woman's Clu "Club") is the owner in fee simple of the land located at 1737 North Bayshore Drive, Miami, Florida, mo particularly described in Exhibit "A", attached and incorporated (the "Property"); and WHEREAS, on January 28, 2008, the Miami oman's Club made a presentation to the Board of Commissioners of the Omni Redevelopment District ommunity Redevelopment Agency (the "Omni CRA") and requested a grant, in the amount of $3,750,00 to underwrite costs associated with repairs and 40 -year recertification of its building at the Property; an WHEREAS, on February 25, 2008, the Board of Commis loners of the Omni CRA authorized a grant, in an amount not to exceed $1,800,000, to the Miami Woma 's Club, for repairs and recertification and directed the Executive Director to include the rem 'Hing portion requested in the next fiscal year's budget; and WHEREAS, on April 27, 2009, the Board of Commissioners of the mni CRA authorized a grant, in an amount not to exceed $1,950,000, for a total amount not to exce $3,750,000, to the Miami Woman's Club for the required repairs in connection with the 40 -year re rtification; and WHEREAS, the Miami Woman's Club and the Omni CRA entered into that rtain Grant Agreement dated November 18, 2008, and as a condition of the Grant Agreement, thIkgrantor is required to grant the City of Miami ("City"), in perpetuity, an approximately twenty-three 3) 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`) 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 1 of 2 Printed On: 9/22/2009 SUBSTITUTED File Number.' 09-07043 WHEREAS, the City shall have the right, but not the obligation, to design, construct a baywalk, Ian scaping and related improvements within the Baywalk Easement Area; and WHEREAS, the City shall have the right to remove any improvements currently located within the Ba alk 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 e perpetually maintained by the Club in good, clean and first-class condition; NOW, THEREFIQRE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: \ Section 1. The recitaft and findings contained in the Preamble to this Resolution are adopted by reference and incorporated 'las if fully set forth in this Section. Section 2. The City Manag6,r is authorized(1) to accept from the Miami Woman's Club, in perpetuity, an approximately twenty-ree (23) foot wide baywalk easement, as more particularly described in Exhibit "A", attached and corporated, of the Property, for the construction of the baywalk to be used as a permanent public acces to the waterfront. Section 3. The City Manager is furth%r authorized(l) to execute the Grant of Easement, in substantially the attached form, and all docum)Pnts which are necessary to effectuate said conveyance. Section 4. This Resolution shall become of the Mayor.{2) APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: immediately upon its adoption and signature {1) The herein authorization is further subject to compliance with all requir ents that may be imposed by the City Attorney, including but not limited to those prescribed by apple able City Charter and Code provisions {2) If the Mayor does not sign this Resolution, it shall become effective at the end of n calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it sh I become effective immediately upon override of the veto by the City Commission City of Miami Page 2 of 2 Printed On.