HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: 13 ... poq S S
Date: 9/4/2013 Requesting Department: Public Works
Commission Meeting Date: 10/10/2013 District Impacted: 2
Type: X Resolution n Ordinance n Emergency Ordinance n Discussion Item
❑ Other
Law Department
Matter ID No.
Subject: A Resolution authorizing conveyance of easements for consideration in the amount of
$1,307,854.65 along City right of way known as SE 6 Street between South Miami Avenue and SE 1
Avenue to Brickell CityCentre Project LLC c/o Swire Properties.
Purpose of Item:
A Resolution authorizing the conveyance of a Temporary Construction Easement, a permanent Aerial
Easement and a permanent Subsurface and Maintenance Easement for consideration in the amount of
$1,307,854.65 along City right of way known as SE 6 Street between South Miami Avenue and SE 1
Avenue to the adjoining land owners, Brickell CityCentre Project LLC c/o Swire Properties in
connection with the Special Area Plan and Development Agreement for the Brickell CityCentre
Project.
Background Information:
See attached background Information.
Budget Impact Analysis
YES Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No: N/A
Special Revenue Account No: N/A
CIF Project No: N/A
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
N/A
N/A
N/A
Final Approvals
(SIGN AND DATE),+.r"^
CIP IV A Budge --- 3c i 3
If using or receiving a ital funds
Grants N/A Risk Management isiJA
Purchasing )J /A Dept. Director
Chief
City Manager)
BACKGROUND INFORMATION
On October 19, 2011, the City of Miami entered into a Development Agreement with Swire Properties,
Inc. as required by the Special Area Plan for the Brickell CityCentre Project. The Development
Agreement encourages above grade and below grade connectivity between blocks and through public
rights of way and specifically authorizes certain encroachments and activities, including food service
establishments and general commercial uses, within the connections between blocks. On March 28,
2013 the Miami City Commission adopted two Ordinances in connection with the project. Ordinance
No. 13369 amended the area of the Brickell CityCentre Special Area Plan to incorporate an additional
city block located between SE 5 Street and SE 6 Street and South Miami Avenue and SE 1 Avenue.
Ordinance No. 13370 amended the previously approved Development Agreement between Swire
Properties, Inc. and the City to include provisions governing the development of the additional block. As
with other portions of the Brickell CityCentre, Swire Properties has proposed to physically link the
additional block to the rest of the project through above and below grade connections that will span SE 6
Street, a public right of way.
The above and below grade connections spanning SE 6 Street are critical to the successful development
of the project and will result in ease of access, minimized pedestrian and vehicular conflicts and
reduction of the projects impacts. The aerial corridor will facilitate pedestrian movement through the
project and may include attendant commercial elements while maintaining connectivity. The
underground transportation corridor will include the projects parking structure beneath the right of way,
as well as walkways, parking spaces, ramps and related infrastructure connecting the Brickell
CityCentre properties. Such corridors will serve the additional transportation purpose of removing
pedestrian and vehicular traffic from ground level. Brickell CityCentre may also construct additional
landscaping, lighting and enhanced roadway features on the ground level of the right of way, all subject
to approval by the City. No other use will be permitted without the express written consent of the City.
The anticipated completion date for the construction of the transportation corridors is December, 2015.
Brickell CityCentre Project shall be responsible to pay for any repairs or damage to the right of way
resulting from the construction of the project. The City shall not be responsible for cost, claim or lien
resulting from the construction of the project. Brickell CityCentre shall bear the cost of all temporary
and permanent changes made necessary to any of the utilities located within the easement area and right
of way occasioned by the construction of the project. As a condition of the construction, the City
maintains the right to approve the construction plans as well as the maintenance of traffic plans. After
completion of the construction, the customary and normal use of the right of way shall not be impaired,
and the free flow of traffic on the right of way shall be maintained. Additionally, Brickell CityCentre
shall be responsible for maintenance of the right of way, as well as any improvements built aerially or
underground.
In order to facilitate construction of aerial, subsurface and roadway connections and to identify the
responsibilities of each party for the various improvements authorized by Section 9 of the Development
Agreement of the Special Area Plan for the Brickell CityCentre Project, it is necessary to record a
Temporary Construction Easement, a permanent Aerial Easement and a permanent Subsurface and
Maintenance Easement between the City of Miami and Brickell CityCentre Project LLC c/o Swire
Properties for the SE 6 Street right of way between South Miami Avenue and SE 1 Avenue.
Both the City and Swire Properties, Inc. have obtained appraisals of the easement area. In consideration
for the granting of the easements, Swire Properties, Inc. has agreed for the payments to the City for the
respective easements as follows:
Temporary Construction Easement
Permanent Aerial Easement
Permanent Subsurface and Maintenance Easement
$ 536,310.00
$ 458.545.05
$ 312,999.60
Total $1,307,854.65
The payment for the Temporary Construction Easement in the amount of $536,310.00 will be deposited
into the Lane Closure Fund. The remaining payments ($458,545.05 for the Aerial Easement and
$312, 999.60 for the Subsurface and Maintenance Easement) totaling $771,544.65 will be used towards
future capital expenditures.
The payment for the respective easements shall be made prior to the commencement date of each
easement.
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