Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8293 Date: 11 /25/2020 Commission Meeting Date: 12/10/2020 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: Type: Resolution Subject: Accept Perpetual Sidewalk Easement - Mimo Bay Purpose of Item: A resolution of the Miami City Commission, with attachment(s) and authorizing the City Manager to accept a Perpetual Sidewalk Easement from Harvey Seeds Post No. 29 American Legion, a Florida Nonprofit Corporation, subject to a Lease Agreement and Development Agreement dated September 11, 2018 and Assignment of Lease to Mimo Bay Apartments Holdings, LLC, a Delaware Limited Liability Company for public pedestrian access to portions of sidewalk constructed on NE 64th Street and NE 7th Avenue. 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 ("Harvey Seeds Post No. 29 American Legion") 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 wit 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 Department of Resilience and Public Works Review Completed 11/30/2020 11:58 AM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose Juvenal Santana Department Head Budget Analyst Review Budget Review Completed 12/01/2020 9:52 AM Completed 12/01/2020 1:04 PM City Manager's Office Legislative Division City Manager's Office Department of Fire -Rescue Office of the City Attorney City Commission Office of the City Attorney Office of the City Clerk Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Daniel Diaz Barnaby L. Min Nicole Ewan Victoria Mendez City Clerk's Office Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Meeting Approved Form and Correctness Rendered Completed 12/01/2020 5:15 PM Completed 12/01/2020 5:16 PM Completed 12/01/2020 8:23 PM Completed 12/01/2020 8:35 PM Completed 12/01/2020 9:04 PM Completed 12/10/2020 9:00 AM Completed 12/11/2020 12:04 PM Completed 12/14/2020 4:13 PM City of Miami Legislation Resolution Enactment Number: R-20-0398 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8293 Final Action Date:12/10/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM HARVEY SEEDS POST NO. 29 AMERICAN LEGION, A FLORIDA NOT FOR PROFIT CORPORATION, SUBJECT TO A LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 11, 2018 AND ASSIGNMENT OF LEASE TO MIMO BAY APARTMENTS HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF A SIDEWALK CONSTRUCTED ON NORTHEAST 64TH STREET AND NORTHEAST 7TH AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS RELATED TO THE PERPETUAL EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; FURTHER DIRECTING AND AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, Harvey Seeds Post No. 29 American Legion, a Florida not for profit corporation ("American Legion"), is the owner of the fee simple title in and to the property described in Exhibit "A" of the Perpetual Easement, attached and incorporated ("Property"); and WHEREAS, the City of Miami ("City") desires to assure public ingress and egress access to the sidewalk located on the Property and the American Legion has offered to grant a Perpetual Easement to the City for said purposes over a portion of the Property as more particularly described in Exhibit "B" to the Perpetual Easement, attached and incorporated; and WHEREAS, the American Legion 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 and incorporated; 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 American Legion subject to a Lease and Development Agreement dated September 11, 2018 and Assignment of Lease to MIMO Bay Apartments Holdings, LLC, a Delaware Limited Liability Company for the purpose of public pedestrian access to portions of a sidewalk constructed on Northeast 64th Street and Northeast 7th Avenue, Miami, Florida. 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 forms acceptable to the City Attorney. Section 4. The City Manager is further directed and 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. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 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.