HomeMy WebLinkAboutR-15-0276City of Miami
Legislation
Resolution: R-15-0276
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00748 Final Action Date: 6/25/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY")
AND DT MIAMI, LLC ("DT MIAMI"), TO ALLOW DT MIAMI TO USE CITY -OWNED
PROPERTY IDENTIFIED AS FOLIO NUMBER 01-3136-000-0090, LEGALLY
DESCRIBED IN EXHIBIT "A-1," AND FURTHER DEPICTED IN EXHIBIT "A-2"
("TRACT F&G"), BOTH ATTACHED AND INCORPORATED, FOR THE
COMMENCEMENT OF STAGING AND CONSTRUCTION OF IMPROVEMENTS, AS
DEPICTED IN EXHIBIT "C," ATTACHED AND INCORPORATED, GENERALLY
CONSISTING OF OVERHEAD TRACKS, INCLUDING AT -GRADE AND
BELOW -GRADE FOUNDATIONS AND COLUMNS, UNDER, OVER, AND WITHIN
TRACT F&G; WITH TERMS AND CONDITIONS MORE PARTICULARLY
DESCRIBED IN THE AGREEMENT.
WHEREAS, the City of Miami ("City") owns certain real property identified as Folio number 01-
3136-000-0090, legally described in Exhibit "A-1," and further depicted in Exhibit "A-2" ("Tract F&G"),
both attached and incorporated; and
WHEREAS, the City acknowledges that Tract F&G is currently burdened with a fifty (50) foot
wide perpetual railroad easement to the Florida East Coast Railway Company ("FECRC"); and
WHEREAS, DT Miami, LLC ("DT Miami"), the predecessor in interest to FECRC, as recorded
in Book 13782, Page 502 of the Official Records of Miami -Dade County, also acknowledges the
existing easement, which significantly affects the use of Tract F&G; and
WHEREAS, DT Miami has received approval from Miami -Dade County and the City, through
Miami -Dade County Resolution No. Z-13-14, to develop a project which includes the building of a
railroad terminal which services the All Aboard Florida Passenger Rail System, as well as an office,
retail, and residential development, known as MiamiCentral (collectively, the "Project"); and
WHEREAS, DT Miami has received site plan approval from Miami -Dade County and the City
to build the Project through Miami -Dade County Administrative Site Plan No. 14-012 (together with
County Resolution No. Z-13-14 referred to as the "Approvals"); and
WHEREAS, the Approvals permit the construction of improvements, generally consisting of
overhead tracks, including at -grade and below -grade foundations and columns, under, over, and
within Tract F&G, as depicted in Exhibit "C," attached and incorporated (collectively, the
"Improvements"); and
WHEREAS, the City intends to grant DT Miami an easement for the purposes of, among other
things, constructing, maintaining, and accessing the Improvements; however, such easement is not
City of Miami
Page 1 of 2 File Id: 15-00748 (Version: 1) Printed On: 3/13/2018
File Number: 15-00748 Enactment Number: R-15-0276
expected to be approved and executed for several months; and
WHEREAS, DT Miami needs access to Tract F&G immediately in order to avoid delaying the
Improvements; and
WHEREAS, DT Miami has requested permission from the City to commence construction of
the Improvements on Tract F&G, and to access Tract F&G for staging purposes, prior to the City
granting DT Miami an easement; and
WHEREAS, the City requires the execution of a Temporary Access and Hold Harmless and
Indemnification Agreement ("Agreement") as a condition precedent to the granting of said permission
to access Tract F&G by DT Miami, for the construction of Improvements on Tract F&G, as well as for
DT Miami's use of Tract F&G for staging purposes;
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 hereby
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is hereby authorized {1} to execute the Agreement, in
substantially the attached form, between the City and DT Miami, to allow DT Miami use of and access
to Tract F&G for staging purposes and to commence the construction of Improvements as depicted in
Exhibit "C," attached and incorporated, with terms and conditions more particularly described in the
Agreement.
Section 3. 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 (10)
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: 15-00748 (Version: 1) Printed On: 3/13/2018