HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: 0 Et- t 713
Date: September 27, 2006 Requesting Department: Public Facilities/Asset Mgmt.
Commission Meeting Date: November 9, 2006 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Release and Modification of Easement Agreement between One Miami and the City of Miami.
Purpose of Item:
A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to
execute a Release of Easement in Original Agreement and Grant of New Easement, in substantially
the attached form, between TRG-OMP, LTD., a Florida Limited Partnership ("One Miami") and the
City of Miami, providing for the release of certain easements, contained within a certain agreement
between Miami Center Joint Venture, a Florida Joint Venture (as predecessor -in -interest to One
Miami) and the City, dated September 30,1988 and recorded October 23, 1990 in Official Record
Book 14754, Page 261 (The "Original Agreement") which joint venture and the City dated January
21, 1983 (the "Original Easement"), and modifying the existing easement area to include the entire
Riverwalk to satisfy the requirements as set forth in paragraph 5 of the agreement between the City
and One Miami for construction and maintenance of a Riverwalk, dated July 23, 2003 ("Agreement"),
additionally accepting the grant to the City of Miami of a perpetual non-exclusive easement in the
form attached, legally described in Exhibit "B", attached hereto and made a part hereof, for use as a
Riverwalk for public purposes, which will remain perpetually accessible to the general public and
conveying full ingress and egress to the Riverwalk.
Background Information:
Purpose of Item:
See Supplemental Sheet
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP 'O1 jg Budget Oft
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SUPPLEMENTAL SHEET
Subject: Release and Modification of Easement Agreement between One Miami and the City of Miami.
Background Information:
One Miami is the owner of certain property in the City of Miami, Florida, legally described in Exhibit
"A", attached hereto and made a part hereof. The City and Miami Center Joint Venture, a Florida Joint
Venture (as predecessor -in interest to One Miami), are parties to that certain Agreement (Original
Agreement) dated September 30, 1988, which instrument contains a Grant of Easement dated January
21, 1983 (Original Easement), recorded October 23, 1990, in Official Records Book 14754, Page 266, of
the Public Records of Miami -Dade County, Florida. The City National Bank of Florida, a national
banking association organized under the laws of the United States, as Trustee under Land Trust 2401-
1149-00 ("One Miami") together with the City of Miami, are parties to an Agreement dated July 23,
2003 for the construction and maintenance of a Riverwalk ("Agreement"). One Miami together with the
City, forever fully release, terminate, cancel and discharge those certain easements and all other rights of
and with respect to and contained within the Original Agreement. One Miami grants, gives and conveys
to the City, a perpetual non-exclusive easement in the form attached, to use the Riverwalk Easement
area, legally described in Exhibit "B", attached hereto, for appropriate public purposes over and across
the surface of the described land. One Miami grants, gives and conveys to the general public, full ingress
and egress to the Riverwalk which remains perpetually accessible to the general public. It is understood
and agreed between the parties that One Miami will design and construct a pedestrian walkway on the
property and shall perpetually maintain said walkway so as to not allow it to be or become a nuisance.
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