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HomeMy WebLinkAboutSummary FormDate: 05/23/2013 AGENDA ITEM SUMMARY FORM FILE ID: /a 010150 Law Leparu nevi. Matter ID No. 13-964 Requesting Department: Public Facilities/Asset Mgmt Commission Meeting Date: 06/27/2013 District Impacted: 2 Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Approval for a License Agreement Amendment 2 between the City of Miami ("City") and Brickell Flatiron LLC ("Owner/Developer") for a portion of land located approximately at 1001 South Miami Avenue. Purpose of Item: A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a second amendment to the License Agreement ("Amendment No. 2"), in substantially the attached form, to the License Agreement and its amendments (collectively the "License Agreement") between the City of Miami ("City") and Brickell Flatiron, LLC. ("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 square feet to the City to be used as a permanent park. Background Information: See Supplemental Sheet attached. 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: CIP N/A Final Approvals If using oreceivmQ'capital funds Grants N/A (SIGN AND DATE) Budget At/A7 Risk Management AA/IC I.rd/,WDept: Duector Purchasing N/A Chief City;Managex`. i Page 1 of 2 SUPPLEMENTAL PAGE Subject: Approval for a License Agreement Amendment 2 between the City of Miami ("City") and Brickell Flatiron LLC ("Owner/Developer") for a portion of land located approximately at 1001 South Miami Avenue. Background Information: The City of Miami City Commission by Resolution No. 10-0044 entered into a Park License Agreement ("License") to allow a public park on private land to be located on a portion of the project, specifically the 8,900 square feet depicted and described in Exhibit A to the License ("Park Land"). The project property, as described by the License is the subject of a Major Use Special Permit approved by City of Miami Resolution No. R-06-0400, as same may be modified from time to time (collectively, "Resolution"), which authorizes certain development to occur on the project property, said development being hereinafter referred to as the "Project". The City Commission on July 14, 2011, approved the First Amendment to the License by Resolution No. 11-0283 ("First Amendment"). The City and Owner/Developer desire to enter into this second amendment (Amendment No. 2") due to the fact that the Owner will convey 3,100 Square Feet of the Park Land as a permanent 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. The remaining 5,866 square feet will continue to be used as a public park until such time as the project is developed. At such time when 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 the Park Impact Fees for the abutting project in accordance with Chapter 13, Article I, Section 13 of the City Code. The Owner/Developer reserves the right to maintain in the sales center on the remaining park, for a period not to exceed three years from the date of conveyance in a design approved by the Director of Planning and the District Commissioner. 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 ($293,300.00) is applied for park improvements made and paid by the Owner/Developer. All other terms of the License and First Amendment not specifically referenced herein, shall remain the same and in full force and effect. Page 2 of 2