HomeMy WebLinkAboutR-13-0262City of Miami
Legislation
Resolution: R-13-0262
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00699em Final Action Date: 6/27/2013
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 RIVER TOWER
LLC, A FLORIDA LIMITED LIABILITY COMPANY ("RIVER TOWN"), 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 RIVER TOWER, 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., its successor
interest and current owner River Tower, LLC., a Florida limited liability company ("River Tower"), and
the City of Miami are now parties (collectively "Parties") to the Amended Agreement; and
WHEREAS, River Tower, the owner of the Property and successor interest to, 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;
City of Miami
Page 1 of 2 File Id: 11-00699em (Version: 21 Printed On: 9/1/2017
File Number: 11-00699em Enactment Number: R-13-0262
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 a Second Amendment to the Amended
Agreement by and between the City and River Tower, 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
River Tower.
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}
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: 21 Printed On: 9/1/2017