HomeMy WebLinkAboutR-13-0407City of Miami
Legislation
Resolution: R-13-0407
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00955 Final Action Date: 10/10/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY
CONSTRUCTION EASEMENT, AN AERIAL EASEMENT AND A SUBSURFACE AND
MAINTENANCE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S),
ALONG THE CITY OF MIAMI RIGHT OF WAY KNOWN AS SOUTHEAST 6TH
STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE,
MIAMI, FLORIDA, IN CONNECTION WITH THE SPECIAL AREA PLAN AND
DEVELOPMENT AGREEMENT ENTERED INTO ON OCTOBER 19, 2011, WITH
SWIRE PROPERTIES, INC. ("SWIRE") FOR THE BRICKELL CITYCENTRE
PROJECT, WITH BRICKELL CITYCENTRE PROJECT LLC CONTRIBUTING
FUNDS IN THE AMOUNT NOT TO EXCEED $536,310.00 TOWARDS THE LANE
CLOSURE FUND AND FUNDS IN THE AMOUNT NOT TO EXCEED $771,544.65
TOWARDS FUTURE CAPITAL EXPENDITURES, FORATOTAL CONTRIBUTION
NOT TO EXCEED $1,307,854.65; FURTHER AUTHORIZING THE CITY MANAGER
TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID
EASEMENTS, AS STATED HEREIN.
WHEREAS, Brickell CityCentre Project LLC ("Brickell CityCentre") is the owner of properties
adjacent to Southeast 6th Street between South Miami Avenue and Southeast 1st Avenue, Miami,
Florida; and
WHEREAS, Brickell CityCentre intends to construct a project including commercial, retail and
residential use, which shall include its properties bordering Southeast 6th Street ("Project"); and
WHEREAS, the Special Area Plan and Development Agreement entered into on October 19, 2011
between the City of Miami ("City") and Swire Properties, Inc. for the Brickell CityCentre Project
encourages above grade and below grade connectivity between the blocks and through public rights
of way abutting the properties included in said Brickell CityCentre Project; and
WHEREAS, Brickell CityCentre has requested the conveyance of easements in connection with
the Project, connecting the Project components on its north and south properties with: 1) an aerial
commercially activated transportation corridor above Southeast 6th Street, Miami, Florida and 2) an
underground transportation corridor including parking facilities, as more particularly in the Temporary
Construction Easement, permanent Aerial Easement and permanent Subsurface and Maintenance
Agreement attached and incorporated; and
WHEREAS, it is in the best interest of the City and serves a public purpose to convey the
easements to the adjoining property owners in order to expand and promote businesses and job
creation in the community, as well as serving the transportation purpose of providing a connecting
City of Miami
Page 1 of 2 File Id: 13-00955 (Version: 4) Printed On: 9/19/2017
File Number: 13-00955 Enactment Number: R-13-0407
pedestrian and vehicular corridor;
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 fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Temporary Construction Easement,
Aerial Easement and Subsurface and Maintenance Easement, in substantially the attached form(s),
along the City right of way known as Southeast 6th Street between South Miami Avenue and
Southeast 1st Avenue, Miami, Florida, in connection with the Special Area Plan and Development
Agreement entered into on October 19, 2011, with Swire Properties, Inc., for the Brickell CityCentre
Project, with Brickell CityCentre Project LLC contributing $536,310.00 towards the Lane Closure Fund
and $771,544.65 towards future capital expenditures, for a total contribution not to exceed
$1,307,854.65.
Section 3. The City Manager is further authorized{1} to take all actions necessary to accomplish
the granting of said easements and to record the instruments of conveyance granted herein in the
Public Records of Miami -Dade County.
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: 13-00955 (Version: 4) Printed On: 9/19/2017