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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01080 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN
SUBSTANTIALLY THE ATTACHED FORM, ATTACHED AS EXHIBIT "1" TO THE
LICENSE AGREEMENT APPROVED PURSUANT TO RESOLUTION NO. 10-0044,
ADOPTED JANUARY 28, 2010, AND ATTACHED IN EXHIBIT "2", AND ITS FIRST
AMENDMENT APPROVED PURSUANT TO RESOLUTION NO. 11-0283, ADOPTED
JULY 14, 2011, AND ATTACHED AS EXHIBIT "3" (COLLECTIVELY THE "LICENSE"),
BETWEEN THE CITY OF MIAMI ("CITY") AND BRICKELL FLATIRON, LLC., A
DELAWARE LIMITED LIABILITY COMPANY; FURTHER CLARIFYING THE TERMS
OF THE LICENSE AGREEMENTAND REDUCING THE SQUARE FOOTAGE FROM
8,900 SQUARE FEET TO 5,866 SQUARE FEET, DUE TO THE CONVEYANCE OF
3,100 SQUARE FEET TO THE CITY TO BE USED AS A PERMANENT PASSIVE
PARK.
WHEREAS, pursuant to Resolution No. 10-0044, adopted January 28, 2010, attached in
Exhibit "2", the City Commission entered into a Park License Agreement ("License") with Brickell
Flatiron, LLC., a Delaware Limited Liability Company ("Owner/Developer") to allow a public park on
private land to be located on a portion of a project property ("Project Property"), specifically the 8,900
square feet depicted and described in Exhibit A to Exhibit "1", attached and incorporated ("Park Land");
and
WHEREAS, the Project Property as described by the License, is the subject of a Major Use
Special Permit approved pursuant to Resolution No. 06-0400, adopted June 22, 2006, as same may
be modified from time to time, which authorizes certain development to occur on the Project Property
with said development being hereinafter referred to as the "Project"; and
WHEREAS, pursuant to Resolution No. 11-0283, adopted July 14, 2011, attached as Exhibit
"3", the City Commission approved the First Amendment to the License; and
WHEREAS, the City and Owner/Developer desire to enter into this second amendment
("Amendment No. 2"), due to the fact that the Owner/Developer will convey 3,100 square feet of the
Park Land as a permanent passive park, and thereby reduce the land encompassed in the original
License from 8,900 square feet to 5,866 square feet with all other terms of the License and First
Amendment remaining the same; and
WHEREAS, the remaining 5,866 square feet will continue to be used as a public park until
such time as the Project is developed; and
WHEREAS, such time as the Owner/Developer obtains building permits for the Project, the
Owner/Developer shall deed to the City the remaining 5,866 square feet ("Remaining Park") in
exchange for the City granting the Owner/Developer a credit in the amount of one million five hundred
and eighty thousand dollars ($1,580,000) towards Park Impact Fees for the abutting Project in
City of Miami Page 1 of 2 File Id: 12-01080 (Version: 1) Printed On: 6/17/2013
File Number: 12-01080
accordance with Chapter 13/Article I/ Section 13 of the Code of the City of Miami, Florida,as amended;
and
WHEREAS, the Owner/Developer reserves the right to maintain a sales center on the
Remaining Park, for a period not to exceed three years (3) from the date of conveyance, in a design
approved by the Director of Planning and Zoning and the District Commissioner; and
WHEREAS, Owner/Developer will pay a market rent of thirty dollars ($30.00) per square foot
after a credit of two hundred ninety three thousand three hundred dollars ($293,300) is applied for in
park improvements made and paid by the Owner/Developer under the License in Exhibit "2"; and
WHEREAS, all other terms of the License and First Amendment not specifically referenced
herein, shall remain the same and 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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized{1 } to execute Amendment No. 2 to the License
Agreement, in substantially the attached form, between the City and the Owner/Developer, further
clarifying the terms of the License Agreement, reducing the square footage from 8,900 square feet to
5,866 square feet, due to the conveyance of 3,100 to the City to be used as a permanent park.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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
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