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HomeMy WebLinkAboutR-19-0042City of Miami Resolution R-19-0042 Legislation 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"), FOR 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, 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 City of Miami Page 1 of 2 File ID: 4340 (Revision:) Printed On: 4/15/2025 File ID: 4340 Enactment Number: R-19-0042 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 authorized' 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: ndez, City Attor ey 7/10/2018 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. City of Miami Page 2 of 2 File ID: 4340 (Revision:) Printed on: 4/15/2025