HomeMy WebLinkAboutSummary FormDate: 06/05/2015
AGENDA ITEM SUMMARY FORM
FILE ID: 15-00748
Law Department
Matter ID No.
15-1162
Requesting Department: Dept. of Real Estate & Asset Mngt.
Commission Meeting Date: 06/25/2015 District Impacted: 5
Type: El Resolution C
❑ Other
Ordinance n Emergency Ordinance n Discussion Item
Subject: Resolution authorizing the City Manager to execute a Hold Harmless Agreement between the
City of Miami (the "City") and DT Miami, LLC ("DT Miami").
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to
execute a Hold Harmless Agreement (the "Agreement"), in substantially the attached form, between
the City of Miami (the "City") and DT Miami, LLC ("DT Miami"), to allow DT Miami use the City
owned property identified as Folio number 01-3136-000-0090, legally described in Exhibit "A-1" and
depicted in the sketch on Exhibit "A-2", attached hereto and incorporated herein (the "Tract F&G")
for staging purposes and to commence construction of the of improvements, generally consisting of
overhead tracks and at -grade and below grade foundations and columns, under, over and within Tracts
F&G, as depicted in the plans attached as Exhibit "C" (collectively, the "Improvements"); with terms
and conditions more particularly described in the Agreement.
Background Information:
See Supplemental Page
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approv
(SIGN AND DAB
CIP N/A
If using or receiving capital funds
Grants N/A Risk l anageme
Purchasing N/A Dept Director
Chief `"� City Manager _ ...;
Bud
6
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SUPPLEMENTAL PAGE
Subject: Resolution authorizing the City Manager to execute a Hold Harmless Agreement between the
City of Miami ("City") and DT Miami, LLC ("DT Miami").
Background Information:
The City of Miami (the "City") is the owner of fee simple title to that certain real property identified
as Folio number 01-3136-000-0090, legally described in Exhibit "A-1" and depicted in the sketch on
Exhibit "A-2", attached hereto and incorporated herein by specific reference (the "Tract F&G").
The City acknowledges that Tract F&G is burdened with a 50 foot wide perpetual railroad easement
to the Florida East Coast Railway Company, DT Miami's predecessor in interest, as recorded in Book
13782, Page 502 of the Official Records of Miami -Dade County, which significantly affects the use of
Tract F&G; and
DT Miami has received approval from Miami -Dade County and the City to build a railroad terminal
project which includes a terminal of the All Aboard Florida passenger rail system, through Miami -
Dade County Resolution No. Z-13-14, and office, retail and residential development, known as
MiamiCentral ("Project"); and
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
The Approvals permit the construction of improvements, generally consisting of overhead tracks and
at -grade and below grade foundations and columns, under, over and within Tracts F&G, as depicted
in the plans attached as Exhibit "C" (collectively, the "Improvements"); and
The City intends to grant DT Miami an easement for the purposes of, among other things as set forth
herein, constructing, maintaining and accessing the Improvements; however, such easement is not
expected to be approved and executed for several months, and DT Miami needs to access Tract F&G
immediately in order to avoid delay of the Improvements; and
DT Miami has requested permission from the City to commence construction of the Improvements on
the Tract F&G and to access Tract F&G for staging purposes, prior to the City granting DT Miami an
easement; and
The City requires the execution of this Agreement as a condition precedent to the granting of said
permission to said DT Miami to construct the Improvements on such Tract F&G and use Tract F&G
for staging purposes.
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