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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00778 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO A TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT ON CITY -OWNED PROPERTY LOCATED AT 501
BRICKELL AVENUE, MIAMI, FLORIDA, IN FAVOR OF CITY NATIONAL BANK OF
FLORIDA, A NATIONAL BANKING CORPORATION, AS TRUSTEE UNDER LAND
TRUST AGREEMENT NUMBER 2401-1863-00 ("EASEMENT"), TO REDUCE THE
TERM OF THE EASEMENT FROM A PERIOD NOT TO EXCEED FIVE (5) YEARS,
TO A PERIOD NOT TO EXCEED FOUR (4) YEARS FROM NOVEMBER 18, 2005,
THE EFFECTIVE DATE OF THE ORIGINAL EASEMENT, AND TO INCREASE THE
SIZE OF THE EASEMENT AREA BY APPROXIMATELY 12,560 SQUARE FEET,
AS DEPICTED IN "ATTACHMENT B," ATTACHED AND INCORPORATED.
WHEREAS, the City National Bank of Florida and the City of Miami ("City") are parties to a certain
Easement dated November 18, 2005 and recorded in the Official Records Book 24097, Page 2136 of
the Public Records of Miami -Dade County, Florida ("Easement"); and
WHEREAS, the City National Bank of Florida has requested the City to amend the Easement
Agreement to reduce its term from a period not to exceed five (5) years to a period not to exceed four
(4) years from November 18, 2005, the effective date of the original easement, and to expand the
Easement area by approximately 12,560 square feet, as depicted in "Attachment B," attached and
incorporated; and
WHEREAS, the use of the Easement is limited to temporary construction, staging and/or
development, construction and operation of a temporary marketing and sales office, together with
signage and related parking facilities; and
WHEREAS, except as provided herein, al! of the provisions of the Easement shall remain in full
force and effect;
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 Amendment, in substantially the
attached form, to the Easement Agreement on City -owned property located at 501 Brickell Avenue,
Miami, Florida, between the City and City National Bank of Florida, a national banking corporation, as
Trustee under Land Trust Agreement Number 2401-1863-00 ("Easement"), dated November 18, 2005,
to reduce the term of the Easement from a period not to exceed five (5) years, to a period not to
exceed four (4) years from November 18, 2005, the effective date of the original Easement, and to
City of Miami Page I of 2 Printed On: 5/2/2006
File Number: 06-00778
increase the size of the Easement area by approximately 12,560 square feet, as depicted in
"Attachment B," attached and incorporated.
Section 3. Except as specifically modified hereby, all of the provisions of the Easement shall
remain in full force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with ail 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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