HomeMy WebLinkAboutR-21-0221City of Miami
Resolution R-21-0221
Legislation
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
City of Miami Page 1 of 3 File ID: 8958 (Revision: B) Printed On: 5/27/2025
File ID: 8958 Enactment Number: R-21-0221
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
City of Miami Page 2 of 3 File ID: 8958 (Revision: B) Printed on: 5/27/2025
File ID: 8958 Enactment Number: R-21-0221
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 authorized1 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 authorized' 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 Attor
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.
City of Miami Page 3 of 3 File ID: 8958 (Revision: B) Printed on: 5/27/2025