HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #6577
Date: 10/01/2019
Commission Meeting Date: 11/21/2019
Type:
Subject:
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 2
Resolution
Easement - Tower 2 - Perpetual Sidewalk
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s) and authorizing the City
Manager to execute a Perpetual Sidewalk Easement from Tower 2, LLC for public
pedestrian access to portions of sidewalk constructed on NE 1st Avenue and NE 10th
Street at the Miami Worldcenter.
Background of Item:
The Grantee ("City of Miami") shall have the right of usage and enjoyment of the
easement area for public pedestrian ingress and egress purposed. The Grantor ("Tower
2, LLC") shall construct and maintain a sidewalk within the easement area and clear all
trees, undergrowth and other obstructions that may interfere with the normal ingress
and egress upon the easement area by the Grantee, and out of and away from the
public right-of-way. Grantor, its successors and assigns, agree not to build, construct or
create nor permit others on the herein granted easement area that may interfere with
the normal ingress and egress purpose. Grantor further grants the Grantee the
reasonable right to enter upon the easement area for exercising the rights herein
granted.
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
Reviewed B
Office of Resilience and Sustainability
Review Completed 10/08/2019 2:09 PM
Office of Management and Budget Donovan Dawson
Office of Management and Budget Christopher M Rose
City Manager's Office Nzeribe Ihekwaba
Legislative Division Valentin J Alvarez
City Manager's Office Nikolas Pascual
Office of Zoning Daniel Goldberg
Alan M. Dodd
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
10/09/2019 11:15 AM
10/11/2019 9:55 AM
10/17/2019 10:27 AM
10/24/2019 9:35 AM
10/25/2019 11:52 AM
11/05/2019 6:03 PM
Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 11/06/2019 2:08 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 11/06/2019 4:39 PM
City Commission Maricarmen Lopez Meeting Completed 11/21/2019 9:00 AM
Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 12/03/2019 5:20 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 12/03/2019 5:50 PM
Office of the City Clerk City Clerk's Office Rendered Completed 12/03/2019 5:50 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0452
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6577 Final Action Date:11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM TOWER 2, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC
PEDESTRIAN ACCESS TO PORTIONS OF THE SIDEWALK CONSTRUCTED ON
NORTHEAST 1ST AVENUE AND NORTHEAST 10TH STREET AT THE MIAMI
WORLD CENTER PROJECT, MIAMI, FLORIDA.
WHEREAS, Tower 2, LLC, a Delaware limited liability company ("Owner"), is the owner
of the property located at approximately 851 Northeast 1st Avenue, Miami, Florida, more
particularly described in Exhibit "A" of the easement, attached and incorporated ("Property"),
which comprises a portion of the Miami World Center Project; and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalk located on the private property and the Owner of the Property offered to
grant a perpetual easement to the City for public ingress and egress purposes ("Perpetual
Easement") over a portion of the Property, more particularly described in Exhibit "B" to the
Perpetual Easement; and
WHEREAS, the Owner will construct, maintain, and assume liability responsibility for the
portion of the sidewalk located on the Property; and
WHEREAS, the purpose of the Perpetual Easement is to ensure that the general public
will have ingress and egress access to the portion of sidewalk located in the easement area;
and
WHEREAS, the City agrees with the terms and conditions in the Perpetual
Easement, attached hereto and incorporated herein;
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 if fully set forth in this Section.
Section 2. The City Manager is authorized to accept the Perpetual Easement, in
substantially the attached form, from the Owner.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other documents necessary related to the Perpetual Easement, all in a form acceptable to the
City Attorney.
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.
Section 4. The City Manager is further authorized' to record said instrument in the Public
Records of Miami -Dade County, Florida.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 11/6/2019
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.