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Resolution: R-10-0044
File Number: 09-01455a
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"
AS LICENSEE) AND BRICKELL FLATIRON LLC ("OWNER/DEVELOPER" AS
LICENSOR), FOR THE USE OF APPROXIMATELY 8,900 SQUARE FEET OF LAND,
DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, OWNED BY
OWNER/DEVELOPER, HOLDING AN APPROVED MAJOR USE SPECIAL PERMIT
PURSUANT TO RESOLUTION NO. 06-0400, ADOPTED JUNE 22, 2006, AND
LOCATED AT 1121 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE CITY TO
OPERATE A PASSIVE PUBLIC PARK (TO BE NAMED "POINTE PARK"),
INCLUDING IMPROVEMENTS AND MAINTENANCE TO SAID PARK; AND
ADDITIONALLY TO PROVIDE FOR THE MAINTENANCE OF THE CITY'S ALLEN
MORRIS PARK, LOCATED AT 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA; AND
TO PROVIDE A CONTRIBUTION OF THE AMOUNT OF $35,000, TO A NEW PARK
LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA, IN FURTHERANCE OF
THE CITY'S OPEN SPACE INITIATIVES AND IN LIGHT OF THE
OWNER/DEVELOPER'S REQUEST FOR EXTENSION OF SAID RESOLUTION NO.
06-0400, AND MODIFICATION OF OTHER SUBORDINATE APPROVALS.
WHEREAS, the City of Miami ("City") is committed to providing more parks for its citizens; and
WHEREAS, BRICKELL FLATIRON LLC ("Owner/Developer" as Licensor) is the owner of
property located at approximately 1121 South Miami Avenue, Miami, Florida ("Property"); and
WHEREAS, in light of the Owner/Developer's extension of time for the Major Use Special
Permit ("MUSP") approved pursuant to Resolution No. 06-0400, adopted June 22, 2006, and any
amendments made to Resolution No. 06-0400 since then, the Owner/Developer is willing to
execute a License Agreement ("Agreement") with the City for the use of approximately 8,900
square feet of land, described in "Exhibit A", attached and incorporated, in the Property
belonging to the Owner/Developer, to be used as a passive park, to be named Pointe Park,
including park improvements and maintenance to said Pointe Park, and additionally the
Owner/Developer will provide maintenance of the City's Allen Morris Park, located at 20
Southeast 10 Street, Miami, Florida, and make a contribution to a new District 2 park located at
approximately, 1814 Brickell Avenue, Miami, Florida, in the amount of $35,000; and
WHEREAS, the City will exchange the public purpose conditions required in the subordinate
Street Closure approval pursuant to Resolution No. 06-0088, adopted February 9, 2006, for the
use of approximately 8,900 square feet of land, described in said "Exhibit A", in the Property
belonging to the Owner/Developer, to be used as a passive park, to be named Pointe Park,
including park improvements and maintenance to said Pointe Park, and additionally the
Owner/Developer will provide maintenance of the City's Allen Morris Park, located at 20
City of Miand Page 1 of 2 File Id. 09-01455a (Version: 1) Printed On: 7/14/2017
File Number: 09-01455a
Enactment Number: R-10-0044
Southeast 10 Street, Miami, Florida and make a contribution to a new District 2 park located at
approximately, 1814 Brickell Avenue, Miami, Florida, in the amount of $35,000; and
WHEREAS, the use of the approximately 8,900 square feet of land as a passive park would
be in the best interest of the community and a furtherance of the City's Open Space initiatives;
and
WHEREAS, the City and Owner/Developer desire and intend to enter into an Agreement for
said purposes as described herein;
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 execute an Agreement, in substantially
the attached form, between the City and the Owner/Developer for the Owner/Developer to
provide the City with: 1) the use of approximately 8,900 square feet of land, described in "Exhibit
A", attached and incorporated, in the Property belonging to the Owner/Developer, as a passive
park, to be named Pointe Park, including park improvements and maintenance to said Pointe
Park, 2) maintenance of the City's Allen Morris Park, located at 20 Southeast 10 Street, Miami,
Florida, and 3) a contribution to a new District 2 park located at approximately, 1814 Brickell
Avenue, Miami, Florida, in the amount of $35,000. The passive park use at Pointe Park
commences from the effective date of the Agreement to until such time as the Agreement sets
forth, in exchange for an extension to the MUSP approved pursuant to Resolution No. 06-0400,
until June 22, 2014 and a change of the public purpose conditions pursuant to Resolution No.
06-0088 for the conditions stated herein.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
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 File Id. 09-01455a (Version: 1) Printed On: 7/14/2017