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Home My WebLink AboutPre-LegislationCity 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, FORA TOTAL 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 pedestrian and vehicular corridor; City of Miami Page 1 of 2 File Id: 13-00955 (Version: 4) Printed On: 5/18/2015 File Number: 13-00955 Enactment Number: R-13-0407 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: 5/18/2015 City of Miami Master Report Enactment Number: R-13-0407 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00955 Version: 4 File Type: Resolution Reference: Controlling Body: Office of the City Clerk File Name: Temp. Construction Easement - Swire Properties, Inc. Introduced: 8/14/2013 Requester: Department of Public Works Cost: Final Action: 10/10/2013 Status: Passed Title: 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, FORA TOTAL 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. Sponsors: Notes: Indexes: Attachments: 13-00955 Summary Form 2013/09/26.pdf,13-00955 Legislation 2013/09/26.pdf,13-00955 Exhibit 2013/09/26.pdf,13-00955 Summary Form.pdf,13-00955 Legislation (Version 3).pdf,13-00955 Exhibit.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 2 Office of the City 9/25/2013 Review Pending Attorney 2 City Commission 9/26/2013 DEFERRED 2 Office of the City 9/30/2013 Reviewed and Attorney Approved Action Note: MODIFICATIONS MADE TO RESOLUTION Pass 4 City Commission 10/10/2013 ADOPTED WITH Pass MODIFICATIONS 3 Office of the City 10/10/2013 Reviewed and Attorney Approved Action Note: MODIFICATIONS MADE TO RESOLUTION City of Miami Page 1 Printed on 5/18/2015 A of sur ri_ Mt ORM City of Miami Master Report Enactment Number: R-13-0407 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 4 Office of the City Clerk 10/17/2013 Signed and Attested by City Clerk 4 Office of the Mayor 10/17/2013 Signed by the Mayor Office of the City Clerk 4 Office of the City 1/6/2014 Reviewed and Attorney Approved Action Note: MODIFICATIONS MADE TO RESOLUTION City of Miami Page 2 Printed on 5/18/2015