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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4340 Date: 06/14/2018 Commission Meeting Date: 01/24/2019 Type: Resolution Subject: Easement - Heliport Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 The administration recommends that the Miami City Commission adopt the attached Resolution authorizing the City Manager to execute a Temporary Easement Agreement ("Easement Agreement"), in substantially the attached form, to Linden, a Florida Corporation, for a temporary, non-exclusive easement of approximately fifty-five thousand eight hundred seven (55,807) square feet of City -owned property located on a portion of land at 980 MacArthur Causeway, Miami, Florida, as more particularly described in Exhibits "A" and "B" (collectively, the "Easement") attached hereto and made a part hereof, for the limited purpose of: (1) constructing, operating, and maintaining a driveway to provide ingress and egress to the heliport for fueling, use of emergency vehicles, and other related purposes; and, (2) for the limited purpose of providing construction and operations offices related to the project for a term not to exceed the earlier of: (a) the receipt of a certificate of occupancy of the heliport facilities; or, (b) an earlier date mutually agreed to by the Parties. Background of Item: Linden has requested the temporary, non-excusive easement of an approximately fifty- five thousand eight hundred seven (55,807) square feet of City -owned property located on a portion of land at 980 MacArthur Causeway, Miami, Florida. The Easement will be used for the limited purpose of constructing, operating, and maintaining a driveway to provide ingress and egress to the heliport for fueling, use of emergency vehicles, and other related purposes, as well as for the limited purpose of providing construction and operations offices related to the project. The Easement is necessary in order for the heliport to operate. This Agreement shall terminate on the earlier of (a) receipt of a certificate of occupancy of the heliport facilities; or (b) an earlier date mutually agreed to by the Parties. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Real Estate and Asset Management Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Aldo Bustamante Everton Garvis Christopher M Rose Fernando Casamayor Valentin J Alvarez Nikolas Pascual George K. Wysong III Barnaby L. Min Victoria Mendez Nicole Ewan Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Completed 06/14/2018 11:24 AM Budget Analyst Review Completed 06/22/2018 1:11 PM Budget Review Completed 06/28/2018 5:00 PM Assistant City Manager Review Completed 07/06/2018 9:51 AM Legislative Division Review Completed 07/06/2018 9:51 AM City Manager Review Completed 07/09/2018 4:35 PM GKW Review Completed 07/10/2018 4:13 PM Deputy City Attorney Review Completed 07/10/2018 4:25 PM Approved Form and Correctness Completed 07/10/2018 5:45 PM Meeting Completed 07/26/2018 9:00 AM Meeting Completed 01/24/2019 9:00 AM Signed by the Mayor Completed 02/04/2019 4:55 PM Signed and Attested by the City Clerk Completed 02/04/2019 5:34 PM Rendered Completed 02/04/2019 5:34 PM City of Miami Legislation Resolution Enactment Number: R-19-0042 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4340 Final Action Date:1/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO AND FOR THE BENEFIT OF LINDEN AIRPORT SERVICES CORPORATION D/B/A WATSON ISLAND HELIPORT CORPORATION, A FLORIDA CORPORATION ("LINDEN"), FORA TEMPORARY, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-FIVE THOUSAND EIGHT HUNDRED SEVEN (55,807) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED ON A PORTION OF LAND AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, COMPRISED OF PARCELS "A" AND "B," MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" OF THE EASEMENT AGREEMENT, ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSE OF (1) CONSTRUCTING, INSTALLING, OPERATING, AND MAINTAINING A DRIVEWAY TO PROVIDE INGRESS AND EGRESS TO THE HELIPORT FOR FUELING, USE OF EMERGENCY VEHICLES, AND OTHER RELATED PURPOSES AND (2) PROVIDING CONSTRUCTION AND OPERATIONS OFFICES RELATED TO THE PROJECT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT FOR A TERM NOT TO EXCEED THE EARLIER OF (1) RECEIPT OF A CERTIFICATE OF OCCUPANCY OF THE HELIPORT FACILITIES OR (2) AN EARLIER DATE MUTUALLY AGREED TO BY THE CITY AND LINDEN. WHEREAS, Linden Airport Services Corporation d/b/a Watson Island Heliport Corporation, a Florida Profit Corporation ("Linden"), has requested a temporary, non-exclusive easement of approximately fifty-five thousand eight hundred seven (55,807) square feet of City of Miami ("City") owned property located on a portion of land at 980 MacArthur Causeway, Miami, Florida ("Easement"); and WHEREAS, the Temporary Easement Agreement ("Easement Agreement") provides that the Easement will be used for the limited purpose of constructing, operating, and maintaining a driveway to provide ingress and egress to the Heliport for fueling, use of emergency vehicles, and other related purposes; and WHEREAS, Parcel "A," more particularly described in Exhibit "A" of the Easement Agreement, will be used for the limited purpose of providing construction and operations offices related to the project and Parcel "B," more particularly described in Exhibit "B" of the Easement Agreement, is necessary in order for the Heliport to provide access for fueling, operations, and other purposes as described in the Easement Agreement subject hereof; and WHEREAS, authorization is being requested for the City to enter into the Easement Agreement, in substantially the attached form, to and for the benefit of Linden for said purpose; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized1 to execute an Easement Agreement, in substantially the attached form, to and for the benefit of Linden, for the Easement, comprised of Parcels "A" and "B," more particularly described in Exhibits "A" and "B" of the Easement Agreement, attached and incorporated, for the limited purpose of (1) constructing, installing, operating, and maintaining a driveway to provide ingress and egress to the Heliport for fueling, use of emergency vehicles, and other related purposes and, (2) providing construction and operations offices related to the project with the right to reconstruct, improve, add to, enlarge, change the size of, and remove all or any of the facilities within said Easement for a term not to exceed the earlier of (1) receipt of a certificate of occupancy of the Heliport facilities or (2) an earlier date mutually agreed to by the City and Linden. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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 City 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.