HomeMy WebLinkAboutCC Legislation (Version 1)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00699em Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO
THE ACCESS, UTILITY AND CONSTRUCTION EASEMENT AGREEMENT
("AGREEMENT") BY AND BETWEEN THE CITY OF MIAMI AND 230 SW 3RD ST,
LLC., A FLORIDA CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM,
TO MODIFY THE DIMENSIONS OF THE EASEMENT WITHIN THE PROPERTY
LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT"B", ATTACHED AND
INCORPORATED, OF SAID AGREEMENT, IN ORDER TO FACILITATE THE
DEVELOPMENT OF ADJACENT PROPERTY OWNED BY 230 SW 3RD ST, LLC.,
AS DESCRIBED HEREIN.
WHEREAS, Miami Real Estate Ventures, Inc. IV and Alandco Inc., both Florida corporations,
entered into an Access, Utility Construction Easement Agreement dated, December 11, 1990,
amended December 17, 1992 ("Amended Agreement" (Exhibit "B")), within the property located at
approximately 230 Southwest 3rd Street, Miami, Florida, legally described in Exhibit "A", attached and
incorporated; and
WHEREAS, 230 SW 3rd St, LLC., through various conveyances from Alandco, Inc. acquired and is
now the owner of certain real property located at 230 Southwest 3rd Street, Miami Florida ("Property");
and
WHEREAS, the City of Miami ("City") through various conveyances from Miami Real Estate
Ventures, Inc. IV, a Florida Corporation, acquired and is now the owner of certain real property located
at 444 Southwest 2nd Avenue, Miami, Florida; and
WHEREAS, through the aforementioned conveyances 230 SW 3rd St, LLC. and the City of Miami
are now parties (collectively "Parties") to the Amended Agreement; and
WHEREAS, 230 SW 3rd St, LLC., has requested a modification to the Amended Agreement in
order to facilitate development of their Property by modifying the access easement from Southwest
North River and Southwest 3rd Street, Miami, Florida, as depicted in Exhibits "C-Second Amendment
Sheets 1 and 2" of the Amended Agreement, attached and incorporated; and
WHEREAS, the City agrees to the proposed modification of the existing access easement
pursuant to Exhibit "C-Second Amendment Sheets 1 and 2", subject to review and approval of ground
floor traffic circulation pattern as depicted in Exhibit "C-Second Amendment Sheet 3"; and
WHEREAS, the Parties have negotiated a Second Amendment to the Amended Agreement in
substantially the attached form;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
City of Miami Page 1 of 2
File Id: 11-00699em (Version: 1) Printed On: 6/16/2013
File Number: 11-00699em
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 a Second Amendment to the Amended
Agreement by and between the City and 230 SW 3rd St, LLC., in substantially the attached form, to
modify the dimensions of the easement within the Property, more particularly described in Exhibit "B",
attached and incorporated, of said Agreement, in order to facilitate the development of the Property
owned by 230 SW 3rd St, LLC.
Section 3. The City agrees to the proposed modification of the existing access easement pursuant
to Exhibit "C-Second Amendment Sheets 1 and 2", attached and incorporated, subject to review and
approval of ground floor traffic circulation pattern as depicted in Exhibit "C-Second Amendment Sheet
3", attached and incorporated.
Section 4. 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.
City of Miami Page 2 of 2 File Id: 11-00699em (Version: 1) Printed On: 6/16/2013