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HomeMy WebLinkAboutR-06-0271City of Miami Legislation Resolution: R-06-0271 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00778 Final Action Date: 5/11/2006 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 BRICKELLAVENUE, 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, all 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 1 of 2 File Id: 06-00778 (Version: 1) Printed On: 1/24/2017 File Number: 06-00778 Enactment Number: R-06-0271 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} 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: 06-00778 (Version: 1) Printed On: 1/24/2017