HomeMy WebLinkAboutR-05-0611City of Miami
Legislation
Resolution: R-05-0611
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01087 Final Action Date: 11/3/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A DONATION AND
MAINTENANCE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CITY NATIONAL BANK OF FLORIDA, A NATIONAL
BANKING ASSOCIATION AS TRUSTEE UNDER LAND TRUST NO. 2401-1149-00,
FOR THE CONSTRUCTION AND MAINTENANCE OF A WATER TAXI DOCK OVER
THE CITY OF MIAMI OWNED SUBMERGED LANDS LYING SOUTH OF AND
ADJACENT TO THE PROPERTY LOCATED AT 315, 325 AND 335 SOUTH
BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITH TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE
AMENDMENTS TO SAID AGREEMENT AS NECESSARY.
WHEREAS, City National Bank of Florida, a national banking association as Trustee under Land
Trust No. 2401-1149-00 ("Trust"), is the owner of certain upland property located at 315, 325 and 335
South Biscayne Boulevard, Miami, Florida ("Property"); and
WHEREAS, TRG-OMC, Ltd., a Florida limited partnership ("Beneficiary") is a beneficiary under
the Trust; and
WHEREAS, the Beneficiary is responsible for, among other things, developing the common area
portions of the mixed -use residential and commercial development ("Development") on the Property;
and
WHEREAS, the City of Miami ("City") is the owner of submerged land located south of and
adjacent to the Property ("Premises"); and
WHEREAS, the Major Use Special Permit approved for the Development included a condition
requiring the construction and maintenance of a water taxi dock ("Improvements") on the Premises;
and
WHEREAS, the City agreed to assist the Owner with the filing of all required permits and be a
co -applicant, if required; and
WHEREAS, the Owner agrees to cause the Beneficiary to construct the Improvements and to
donate the Improvements to the City upon completion of construction;
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.
City of Miami
Page 1 of 2 File Id: 05-01087 (Version: 1) Printed On: 12/6/2016
File Number: 05-01087 Enactment Number: R-05-0611
Section 2. The City Manager is authorized{1} to execute a Donation and Maintenance Agreement
("Agreement"), in substantially the attached form, with the Owner, for the Improvements on the
Premises, with terms and conditions as more particularly set forth in said Agreement.
Section 3. The City Manager is further authorized{1} to make non -substantive amendments to
said Agreement as necessary.
Section 4. 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 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 (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: 05-01087 (Version: 1) Printed On: 12/6/2016