HomeMy WebLinkAboutLegislation 2013/10/24City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00775 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND UPPER EAST SIDE MIAMI, LLC, A
FLORIDA LIMITED LIABILITY COMPANY ("LICENSEE"), FOR THE USE OF TWO
(2) PARCELS OF LAND LOCATED AT 7890 NORTHEAST BAYSHORE COURT
AND 7889 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOLIO NUMBERS
01-3208-008-0520 AND 01-3208-008-0530, COLLECTIVELY, ("PROPERTY"), TO BE
USED AS A CONSTRUCTION STAGING SITE, FOR THE STORAGE OF
MATERIALS AND VEHICULAR PARKING, IN CONNECTION WITH THE
CONSTRUCTION OF THE OASIS CONDO PROJECT, FOR A PERIOD NOT TO
EXCEED THIRTY (30) MONTHS FROM THE EFFECTIVE DATE OF THE LICENSE
AGREEMENT, AND LICENSEE WILL PAYA USE FEE OF ONE DOLLAR ($1.00) IN
EXCHANGE FOR LICENSEE'S LAND CONVEYANCE, WITH TERMS AND
CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE
AMENDMENTS TO SUCH AGREEMENT AS NEEDED, SUBJECT TO CITY
ATTORNEY'S APPROVAL.
WHEREAS, pursuant to Resolution No. 07-0057, adopted January 25, 2007, in connection with
the Oasis Project, Upper East Side Miami, LLC ("Licensee"), obtained a street closure and replatted
the land; and
WHEREAS, as a condition of the street closure, Licensee proffered to grant the City of Miami
("City") the property to be used for park purposes; and
WHEREAS, the City accepted the conveyance of two (2) parcels of land located at 7890
Northeast Bayshore Court and 7889 North Bayshore Drive, Miami, Florida ("Property"), from Licensee;
and
WHEREAS, Licensee has expressed an interest in using the Property as a construction staging
site for the Oasis Condo Project located across the street; and
WHEREAS, once the License Agreement expires, prior to vacating the property, Licensee will
be responsible for developing the Property into a passive park for the landscaping and related
improvements as listed under Exhibit "A", attached and incorporated; and
WHEREAS, the City and the Licensee now desire to enter into a Revocable License
Agreement ("Agreement") for continuing said uses;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 13-00775 (Version: 1) Printed On: 10/7/2013
File Number: 13-00775
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 an Agreement, in substantially the
attached form, with Licensee, for the use of the Property, to be used as a construction staging site, for
the storage of materials and vehicular parking, in connection with the construction of the Oasis Condo
Project, for a period not to exceed thirty (30) months from the effective date of the License Agreement,
and Licensee will pay a use fee of One Dollar ($1.00) in exchange for Licensee's land conveyance,
with terms and conditions more particularly set forth in the Agreement.
Section 3. The City Manager is authorized{1} to make non -substantive amendments to such
Agreement as needed, subject to the City Attorney's approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTQ I'A MENDEZ
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.
Citv of Miami Page 2 of 2 File Id: 13-00775 (Version: 1) Printed On: 10/7/2013