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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8958 Date: 04/22/2021 Commission Meeting Date: 06/10/2021 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Release of Easement - Lancelot Miami River, LLC Purpose of Item: A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to negotiate and execute a Release of Easement Agreement, in a form acceptable to the City Attorney, between the City of Miami ("City") and Lancelot Miami River, LLC ("Lancelot"), whereby the City shall release various easements located upon the Lancelot -owned property located at 230 SW 3rd Street ("Nexus Site"), and in favor of the City -owned property located at 444 and 460 SW 2nd Avenue in order to enable Lancelot to construct a privately -owned development on the Nexus site; further authorizing the City Manager to negotiate and execute all other documents as may be necessary for said purpose. Background of Item: The City of Miami ("City") owns the riverfront property located at 444 and 460 SW 2nd Avenue, Miami, Florida 33130, commonly known as the Miami Riverside Center ("MRC Site"). Lancelot Miami River, LLC, an affiliate of Adler Group ("Lancelot") owns the property adjacent to the MRC Site at 230 SW 3 ST, Miami, Florida 33130 ("Nexus Site"). The City has a number of access, utility, and construction easements in favor of the MRC Site, and over the Nexus Site pursuant to an agreement dated December 11, 1990 as recorded in Official Records Book 14828, Page 1210, and as amended by agreement dated December 17, 1992, recorded in Official Records Book 16135 Page 1052 and as further amended by agreement dated April 17, 2014 in Official Records Book 29173 Page 3271 (collectively, the "Easement Agreement"). Lancelot intends to construct a privately -owned development upon the Nexus Site. In order for Lancelot to construct on the Nexus Site, the City must release the non-exclusive, perpetual access easement identified as "Easement Area IV" in the Easement Agreement, which runs over the property approximately comprised of the MRC Site plaza and the SW 2nd Avenue ingress/egress of the MRC Site parking garage. The release of any and all easements included in the Easement Agreement shall be subject to the City and Lancelot's ability to provide alternative means of access into the parking garage and other portions of the MRC Site, as indicated on the attached alternative access plan, or as otherwise approved as acceptable by the City Manager on behalf of the City in its proprietary capacity as owner ("Access Plan"). The City entered into a Development Management and Construction Agreement on November 21, 2019 as authorized by Resolution R-19-0255 ("Development Management Agreement"). The City shall utilize Lancelot via the Development Management Agreement to construct the Access Plan. Budget Impact Analysis Item has NOT an Expenditure Item is NOT funded by Bonds Item is an Expenditure Total Fiscal Impact: N/A Department of Real Estate and Asset Management Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of Management and Budget Office of Management and Budget Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Legislative Division 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 Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B 04/22/2021 8:43 AM Pedro Lacret Leon P Michel Fernando Casamayor Valentin J Alvarez Arthur Noriega V Pedro Lacret Leon P Michel Jacqueline Lorenzo Valentin J Alvarez Victoria Mendez Todd B. Hannon Valentin J Alvarez Jacqueline Lorenzo Barnaby L. Min Victoria Mendez Todd B. Hannon Nicole Ewan Mayor's Office City Clerk's Office Valentin J Alvarez Jacqueline Lorenzo Barnaby L. Min Victoria Mendez City Clerk's Office Anthony Barcena Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Legislative Division Review Completed City Manager Review Completed Budget Analyst Review Completed Budget Review Completed ACA Review Completed Deputy City Attorney Review Skipped Approved Form and Correctness Completed Meeting Completed Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 04/23/2021 12:26 PM 04/23/2021 8:36 PM 04/26/2021 11:13 AM 04/26/2021 4:10 PM 04/28/2021 12:40 PM 05/03/2021 11:13 AM 05/04/2021 9:47 AM 05/04/2021 10:08 AM 05/04/2021 10:09 AM 05/04/2021 12:54 PM 05/13/2021 9:00 AM 05/13/2021 4:03 PM 05/13/2021 4:27 PM 05/14/2021 8:02 AM 05/17/2021 11:55 AM 05/27/2021 9:00 AM 06/10/2021 9:00 AM 06/22/2021 5:25 PM 06/22/2021 5:28 PM 06/10/2021 3:06 PM 06/10/2021 4:48 PM 06/10/2021 5:02 PM Completed 06/23/2021 3:40 PM City of Miami Legislation Resolution Enactment Number: R-21-0221 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8958 Final Action Date:6/10/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RELEASE OF EASEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY THE CITY SHALL RELEASE EASEMENT AREA IV AS IDENTIFIED IN THE ACCESS, UTILITY, AND CONSTRUCTION EASEMENT AGREEMENT DATED DECEMBER 11, 1990, AS AMENDED, LOCATED UPON THE LANCELOT-OWNED PROPERTY AT 230 SOUTHWEST 3RD STREET ("NEXUS SITE") AND IN FAVOR OF THE CITY -OWNED PROPERTY LOCATED AT 444 AND 460 SOUTHWEST 2ND AVENUE ("MRC SITE"), SUBJECT TO AND CONTINGENT UPON THE EXECUTION OF A TEMPORARY ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER SUBJECT TO THE ESTABLISHMENT OF AN ALTERNATIVE MEANS OF ACCESS AS INDICATED ON THE ACCESS PLAN ATTACHED AND INCORPORATED AS EXHIBIT "A" OR OTHER ACCESS PLAN APPROVED BY THE CITY MANAGER WHICH SHALL BE CONSTRUCTED IN ORDER TO ENABLE THE CITY TO CONTINUE TO ACCESS THE PARKING GARAGE ON THE MRC SITE AND WHICH SHALL NOT EXCEED A COST OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY FOR SAID PURPOSE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the City of Miami ("City") owns the property located at 444 and 460 Southwest 2nd Avenue, Miami, Florida 33130, commonly known as the Miami Riverside Center ("MRC Site"); and WHEREAS, Lancelot Miami River, LLC, an affiliate of Adler Group ("Lancelot"), owns the property adjacent to the MRC Site at 230 Southwest 3rd Street, Miami, Florida 33130 ("Nexus Site"); and WHEREAS, on February 2, 2016, the City issued a competitive solicitation inclusive of Offering Memorandum No. 15-16-008 ("OM") for the disposition of the MRC Site and Request for Proposals No. 15-16-009 ("RFP") for the development of a new City administrative facility ("New Facility") including necessary parking and thereafter selected Lancelot as the winning bidder for the OM and RFP pursuant to Resolution No. R-16-0611; and WHEREAS, on November 6, 2018, the disposition of the MRC Site and the design and development of a new administrative building were approved by the electorate; and WHEREAS, pursuant to Resolution No. R-19-0050 adopted on January 24, 2019, the City Commission selected the Nexus Site as the ideal location for the City's New Facility; and WHEREAS, the City entered into a Development Management and Construction Agreement on November 21, 2019, as authorized by Resolution No. R-19-0255 ("Development Management Agreement"); and WHEREAS, pursuant to the Development Management Agreement, Lancelot will construct the City's New Facility on a portion of the Nexus Site and a privately -owned development on the remainder of the Nexus Site, subject to the restrictions contained therein; and WHEREAS, the City currently has a number of access, utility, and construction easements in favor of the MRC Site and over the Nexus Site pursuant to an Access, Utility, and Construction Easement Agreement dated December 11, 1990 as recorded in Official Records Book 14828, Page 1210 and as amended by agreement dated December 17, 1992 and recorded in Official Records Book 16135, Page 1052, and as further amended by agreement dated April 17, 2014 and recorded in Official Records Book 29173, Page 3271 (collectively, "Easement Agreement"); and WHEREAS, in order for the City to maintain access to the City's current parking garage on the MRC Site and for Lancelot to construct the development contemplated on the Nexus Site, including the City's New Facility, the City will be required to create alternative means of access to the MRC Site and release various easements provided for in the Easement Agreement; and WHEREAS, the release of any and all easements included in the Easement Agreement is subject to and contingent upon the execution of a temporary access agreement for the City's continued temporary use of the easement area to be released, in a form acceptable to the City Attorney ("Temporary Access Agreement"); and WHEREAS, the release of any and all easements included in the Easement Agreement is subject to the approval of alternative means of access for the City to access the parking garage and other portions of the MRC Site as indicated on the alternative access plan, attached and incorporated as Exhibit "A", or as otherwise approved as acceptable by the City Manager on behalf of the City in its proprietary capacity as owner ("Access Plan"); and WHEREAS, pursuant to the initial phase of the development contemplated on the Nexus Site, the City must release the non-exclusive, perpetual access easement identified as "Easement Area IV" in the Easement Agreement, which is approximately sixteen thousand five hundred ninety (16,590) square feet and runs over the property approximately comprised of the MRC Site plaza and the Southwest 2nd Avenue ingress/egress of the MRC Site parking garage ("Easement"); and WHEREAS, the release of the Easement is subject to and contingent upon the approval and execution of the Temporary Access Agreement for the use of the property comprising the Easement, which agreement shall continue in effect until the successful implementation of the applicable portion of the Access Plan (i.e. access via Southwest 2nd Avenue), including without limitation, all applicable regulatory approvals required for the implementation of the Access Plan; and WHEREAS, the City shall utilize Lancelot as the Development Manager via the Development Management Agreement to construct the Access Plan; and WHEREAS, the cost to implement the portion of the Access Plan that will provide access from Southwest 2nd Avenue shall not exceed five hundred thousand dollars ($500,000.00) and shall be paid from a source to be determined; 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 fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute a Temporary Access Agreement, in a form acceptable to the City attorney, which shall continue in effect until the successful implementation of the applicable portion of the Access Plan (i.e. Southwest 2nd Avenue access) is permitted, constructed, and authorized for utilization. Section 3. The City Manager is further authorized1 to negotiate and execute a release of easement agreement with Lancelot, in a form acceptable to the City Attorney, for the release of the Easement, subject to and contingent upon the execution of the Temporary Access Agreement, approval of the Access Plan, and other limitations specified herein. Section 4. The City Manager is further authorized1 to negotiate and execute any and all other documents, agreements, and releases as may be deemed necessary to effectuate the release of the Easement, all in forms acceptable to the City Attorney and in compliance with all applicable laws, rules, and regulations. Section 5. The City Manager shall budget, allocate, and appropriate necessary funds in an amount not to exceed five hundred thousand dollars ($500,000.00) for the cost of constructing and implementing the portion of the Access Plan providing access from Southwest 2nd Avenue, with the allocation and appropriation to occur by separate Resolution at the time of need from legally available funding sources in accordance with applicable operating and/or capital plan budgets, including amendments of such applicable budgets as necessary. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Aktor ey 5/4/2021 ndez, ity Mttor ey 5/17/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, 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.