HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
City of Miami
Resolution R-22-0157
Legislation
City Hall
3540 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11716
Final Action Date: 4/28/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS AFFIRMATIVE VOTE WAIVING COMPETITIVE BIDDING,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
("CONSTRUCTION EASEMENT AGREEMENT"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, IN FAVOR OF MIAMI FREEDOM PARK, LLC, A
LIMITED LIABILITY COMPANY ("MFP"), FOR A TEMPORARY, NON-
EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-EIGHT (58) ACRES OF
CITY OF MIAMI ("CITY") OWNED PROPERTY WITHIN A PORTION OF LAND
LOCATED AT 1400 NORTHWEST 37 AVENUE, MIAMI, FLORIDA ("PARENT
TRACT"), AS MORE PARTICULARLY DESCRIBED IN THE SURVEY
ATTACHED AND INCORPORATED AS EXHIBIT A, FOR THE LIMITED
PURPOSE OF CONSTRUCTION AND STAGING FOR THE DEVELOPMENT
OF THE DEMISED PROPERTY IMPROVEMENTS AND PARK
IMPROVEMENTS AS DEFINED IN AND PURSUANT TO THE
CONSTRUCTION ADMINISTRATION AGREEMENT BETWEEN THE CITY,
MFP, AND INTER MIAMI STADIUM, LLC (°`CAA") AUTHORIZED BY THE CITY
COMMISSION FOR NEGOTIATION AND EXECUTION BY THE CITY
MANAGER SIMULTANEOUSLY WITH THIS CONSTRUCTION EASEMENT
AGREEMENT, FORA TERM NOT TO EXCEED THE EARLIER OF (1)
TERMINATION OF THE CAA OR (2) AN EARLIER DATE MUTUALLY AGREED
TO BY THE CITY AND MFP, PROVIDING THAT UPON COMPLETION OF THE
PARK IMPROVEMENTS, THE SCOPE OF THE CONSTRUCTION EASEMENT
AGREEMENT SHALL BE REDUCED TO ONLY THAT ACCESS REASONABLE!,
NECESSARY TO COMPLY WITH THE ENVIRONMENTAL COMPLIANCE f'
PROVISIONS CONTAINED IN THE CAA; FURTHER AUTHORIZING THE CITE
MANAGER TO NEGOTIATE AND EXECUTE AN INGRESS, EGRESS, ANLC
UTILITY EASEMENT AGREEMENT ("ACCESS AND UTILITY EASEMENT
AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN
FAVOR OF MFP, PROVIDING FOR A TEMPORARY, NON-EXCLUSIVE
EASEMENT OF A COMBINED TOTAL OF APPROXIMATELY ELEVEN (11) .
ACRES WITHIN THE PARENT TRACT, AS MORE PARTICULARLY
DESCRIBED IN THE SURVEYS ATTACHED AND INCORPORATED AS l,",i
EXHIBIT B, FOR THE LIMITED PURPOSE OF PEDESTRIAN AND VEHICULAR
INGRESS AND EGRESS, AND FOR THE CONSTRUCTION, OPERATION,
AND MAINTENANCE OF UNDERGROUND UTILITIES AND PUBLIC
INFRASTRUCTURE, FURTHER PROVIDING FOR A TEMPORARY, NON-
EXCLUSIVE EASEMENT OF A COMBINED TOTAL OF APPROXIMATELY
ONE-HALF (1/2) ACRE WITHIN THE PARENT TRACT, AS MORE
PARTICULARLY DESCRIBED IN THE SURVEYS ATTACHED AND
INCORPORATED AS EXHIBIT C, FOR THE LIMITED PURPOSE OF
PEDESTRIAN INGRESS AND EGRESS AND CONSTRUCTION OPERATION
AND MAINTENANCE OF THE PEDESTRIAN BRIDGE, FOR A TERM NOT TO
EXCEED THE LATER OF (1) THIRTY-NINE (39) YEARS FROM THE LEASE
;; sail
}'
in
w
City of Miami
Page 1 of 4 File ID: 11716 (Revision: A) Printed On: 6/7/2022
11716 Legislation SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 11716
Enactment Number: R-22-0157
COMMENCEMENT DATE, AS DEFINED IN THE COMMERCIAL LEASE
AGREEMENT BETWEEN THE CITY AND MFP ("COMMERCIAL LEASE")
AUTHORIZED BY THE CITY COMMISSION FOR NEGOTIATION AND
EXECUTION BY THE CITY MANAGER SIMULTANEOUSLY WITH THIS
CD
ACCESS AND UTILITY EASEMENT AGREEMENT OR (2) EXPIRATION OF
THE TERM OF ANY SUBLEASE IN EFFECT AND SUBJECT TO A NON- -rr,
DISTURBANCE AGREEMENT, AS DEFINED IN THE COMMERCIAL LEAS
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, the City of Miami ("City") is the owner in fee simple of approximat 1y onej
hundred thirty-one (131) acres of real property generally located at 1400 Northwest 370
Avenue, Miami, Florida 33125, identified as folio numbers 01-3132-000-0080 and 01-31`.32-0t
0090, and commonly known as the Melreese Country Club ("Parent Tract"); and
WHEREAS, Miami Freedom Park, LLC ("MFP") desires to design and develop
approximately seventy-three (73) acres of the Parent Tract ("Demised Property") for the
purposes of constructing a soccer stadium, entertainment center including food and beverage
venues, offices, retail, hotel and conference center, and other ancillary commercial development
("Project"); and
r_
.L
WHEREAS, the Project shall include the remediation and development of a fifty-eight
(58) acre public park, identified in the attached and incorporated Exhibit A ("Park") and located
adjacent to the Demised Property; and
WHEREAS, the City and MFP have negotiated a ground lease for the soccer stadium
("Stadium Lease"), a ground lease for the commercial development ("Commercial Lease"), a
construction administration agreement ("CAA"), and an agreement for non -relocation of the
Major League Soccer team ("Non -Relocation Agreement"), all in furtherance of the Project
(collectively, "Agreements"); and
WHEREAS, in connection with the Project, MFP has requested that the City grant MFP
a temporary, non-exclusive easement of the area comprising the Park ("Construction Easement
Agreement"); and
WHEREAS, the Construction Easement Agreement provides that the use shall be for the
limited purpose of construction and construction staging contemplated by the CAA; and
WHEREAS, the Easement Agreement is necessary in order for MFP to construct the
Demised Property Improvements and Park Improvements, as defined in and pursuant to the
CAA; and
WHEREAS, upon Park Site Development Completion, as defined in the CAA, the scope
of the Easement Agreement shall be reduced from construction and construction staging to only
that access reasonably necessary to comply with the environmental compliance provisions
contained in the CAA; and
WHEREAS, the term of the Construction Easement Agreement shall be from recordation
until the earlier to occur of (1) the termination of the CAA or (2) the mutual agreement of the City
and MFP; and
WHEREAS, MFP has further requested that the City grant MFP a temporary, non-
City of Miami Page 2 of 4 File fA: 11716 (Revision: A) Printed on: 6/112022
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID; 11716
Enactment Number: R-22-4157
exclusive easement of various areas of the parent tract, as shown in the surveys attached and
incorporated as Exhibit 8 and Exhibit C ("Access and Utility Easement Agreement"); and
WHEREAS, the Access and Utility Easement Agreement provides that the use of the
areas totaling approximately eleven (11) acres and identified in Exhibit B shall be for the limited
purpose of pedestrian and vehicular ingress and egress, and for the construction, operation,
and maintenance of underground utilities and public infrastructure; and
r_.
WHEREAS, the Access and Utility Easement Agreement further provides that the use of
the areas totaling approximately one-half (112) acre and identified in Exhibit C shall be far thr
limited purpose of pedestrian ingress and egress and construction operation and ma tEi-enane+i
of the pedestrian bridge; and
ce
WHEREAS, the term of the Access and Utility Easement Agreement shall be from
recordation until the later to occur of (1) thirty-nine (39) years from the Lease Commebeemer {:
Date, as defined in the Commercial Lease or (2) the expiration of the term of any Suble se ire
effect and subject to a non -disturbance agreement as defined in the Commercial Lease;' -and
WHEREAS, authority to execute the Construction Easement Agreement and the Access
and Utility Easement Agreement shall be subject to the prior execution of the Agreements;
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 negotiate and execute a
Construction Easement Agreement, in a form acceptable to the City Attorney, in favor of MFP
for a temporary, non-exclusive easement of the Park for the limited purpose of construction and
staging for the development of the Demised Property Improvements and Park Improvements as
defined in and pursuant to the CAA authorized by the City Commission for negotiation and
execution by the City Manager simultaneously with this Construction Easement Agreement, for
a term not to exceed the earlier of (1) termination of the CAA or (2) an earlier date mutually
agreed to by the City and MFP, providing that upon Completion of the Park Improvements, the
scope of the Easement Agreement shall be reduced to only that access reasonably necessary
to comply with the environmental compliance provisions contained in the CAA.
Section 3. The City Manager is further authorized' to negotiate and execute a Access
and Utility Easement Agreement, in a form acceptable to the City Attorney, in favor of MFP for a
temporary, non-exclusive easement of approximately eleven (11) acres of the Parent Tract
identified in Exhibit C for the limited purpose of pedestrian and vehicular ingress and
egress, and for the construction, operation, and maintenance of underground utilities
and public infrastructure, and further providing for a temporary, non-exclusive easement of
approximately one-half (1/2) acre of the parent tract identified in Exhibit C for the limited
purpose of pedestrian ingress and egress and construction operation and maintenance of the
pedestrian bridge for a term not to exceed the later of (1) thirty-nine (39) years from the Lease
Commencement Date, as defined in the Commercial Lease or (2) expiration of the term of any
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.
to
City of Miami Page 3 of 4 File 113: 11716 (Revision: A) Printed on: 61712022
File In. 11715
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
Enactment Number: R-22.0157
sublease in effect and subject to a Non -Disturbance Agreement, as defined in the Commercial
Lease.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
4,
-( c__,
—, r C-`
—c _ P I j
'.....i
rri
a4
Pan
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 4 of 4 File ID: 11716 (Revision: A) Printed on: 6/7/2022
SUBSTITUTED
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11716
Final Action
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT S),
BY A FOUR -FIFTHS AFFIRMATIVE VOTE WAIVING COMPETITIVE BIDP NG,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUT
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
("CONSTRUCTION EASEMENT AGREEMENT"), IN A FORM ACC
TO THE CITY ATTORNEY, IN FAVOR OF MIAMI FREEDOM PA.
LIMITED LIABILITY COMPANY ("MFP"), FOR A TEMPORARY,
EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-EIGH
CITY OF MIAMI ("CITY") OWNED PROPERTY WITHIN A P
LOCATED AT 1400 NORTHWEST 37 AVENUE, MIAMI, F
TRACT"), AS MORE PARTICULARLY DESCRIBED IN
ATTACHED AND INCORPORATED AS EXHIBIT A, F
PURPOSE OF CONSTRUCTION AND STAGING F
OF THE DEMISED PROPERTY IMPROVEMENT
IMPROVEMENTS AS DEFINED IN AND PURS
CONSTRUCTION ADMINISTRATION AGRE
MFP, AND INTER MIAMI STADIUM, LLC ("
COMMISSION FOR NEGOTIATION AND
MANAGER SIMULTANEOUSLY WITH
AGREEMENT, FOR A TERM NOT T
TERMINATION OF THE CAA OR
TO BY THE CITY AND MFP, PR
PARK IMPROVEMENTS, THE
AGREEMENT SHALL BE RE
NECESSARY TO COMPLY
PROVISIONS CONTAIN
MANAGER TO NEGOT
UTILITY EASEMENT
AGREEMENT"), IN
FAVOR OF MFP,
EASEMENT OF
ACRES WIT
DESCRIBE
EXHIBIT
INGRE
AND
INF
TABLE
, LLC, A
ON
(58) ACRES C7F
RTION OF LAI``
OR1DA ("PAREN' ...{A.
E SURVEY
R THE LIMITED -..
THE DEVELOPMENT::
AND PARK,
ANT TO THE
ENT BETWEEN THE CITY, 1,
AA") AUTHORIZED BY THE CITY
XECUTION BY THE CITY
S CONSTRUCTION EASEMENT
XCEED THE EARLIER OF (1)
AN EARLIER DATE MUTUALLY AGREED
[DING THAT UPON COMPLETION OF THE
OPE OF THE CONSTRUCTION EASEMENT
CED TO ONLY THAT ACCESS REASONABLY
ITH THE ENVIRONMENTAL COMPLIANCE
IN THE CAA; FURTHER AUTHORIZING THE CITY
TE AND EXECUTE AN INGRESS, EGRESS, AND
GREEMENT ("ACCESS AND UTILITY EASEMENT
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN
ROVIDING FOR A TEMPORARY, NON-EXCLUSIVE
COMBINED TOTAL OF APPROXIMATELY ELEVEN (11)
THE PARENT TRACT, AS MORE PARTICULARLY
IN THE SURVEYS ATTACHED AND INCORPORATED AS
FOR THE LIMITED PURPOSE OF PEDESTRIAN AND VEHICULAR
AND EGRESS, AND FOR THE CONSTRUCTION, OPERATION,
AINTENANCE OF UNDERGROUND UTILITIES AND PUBLIC
ASTRUCTURE, FURTHER PROVIDING FOR A TEMPORARY, NON-
E, LUSIVE EASEMENT OF A COMBINED TOTAL OF APPROXIMATELY
NE -HALF (1/2) ACRE WITHIN THE PARENT TRACT, AS MORE
PARTICULARLY DESCRIBED IN THE SURVEYS ATTACHED AND
INCORPORATED AS EXHIBIT C, FOR THE LIMITED PURPOSE OF
PEDESTRIAN INGRESS AND EGRESS AND CONSTRUCTION OPERATION
AND MAINTENANCE OF THE PEDESTRIAN BRIDGE, FOR A TERM NOT TO
EXCEED THE LATER OF (1) THIRTY-NINE (39) YEARS FROM THE LEASE
COMMENCEMENT DATE, AS DEFINED IN THE COMMERCIAL LEASE
ate:
as
SUBSTITUTED
AGREEMENT BETWEEN THE CITY AND MFP ("COMMERCIAL LEASE")
AUTHORIZED BY THE CITY COMMISSION FOR NEGOTIATION AND
EXECUTION BY THE CITY MANAGER SIMULTANEOUSLY WITH THIS r.-,
ACCESS AND UTILITY EASEMENT AGREEMENT OR (2) EXPIRATION OF r
THE TERM OF ANY SUBLEASE IN EFFECT AND SUBJECT TO A NON -
DISTURBANCE AGREEMENT, AS DEFINED IN THE COMMERCIAL LEASE
WHEREAS, the City of Miami ("City") is the owner in fee simple of approxima :ry.one
hundred thirty-one (131) acres of real property generally located at 1400 Northwes 7th ,
Avenue, Miami, Florida 33125, identified as folio numbers 01-3132-000-0080 an. ►1-3i32:-00
0090, and commonly known as the Melreese Country Club ("Parent Tract"); an. -
�.a
WHEREAS, Miami Freedom Park, LLC (""MFP") desires to design a " develop
approximately seventy-three (73) acres of the Parent Tract ("Demised Pr. •erty") for the
purposes of constructing a soccer stadium, entertainment center includ g food and beverage
venues, offices, retail, hotel and conference center, and other ancilla commercial development
("Project"); and
WHEREAS, the Project shall include the remediation a . development of a fifty-eight
(58) acre public park, identified in the attached and incorpora -d Exhibit A ("Park') and located
adjacent to the Demised Property; and
WHEREAS, the City and MFP have negotiated ground lease for the soccer stadium
("Stadium Lease"), a ground lease for the commercia development ("Commercial Lease"), a
construction administration agreement ("CAA"), anan agreement for non -relocation of the
Major League Soccer team ("Non -Relocation Agr ement"), all in furtherance of the Project
(collectively, "Agreements"); and
WHEREAS, in connection with the oject, MFP has requested that the City grant MFP
a temporary, non-exclusive easement of e area comprising the Park ("Construction Easement
Agreement"); and
WHEREAS, the Constructio Easement Agreement provides that the use shall be for the
limited purpose of construction a + construction staging contemplated by the CAA; and
WHEREAS, the Ease ► ent Agreement is necessary in order for MFP to construct the
Demised Property Improve ► ents and Park Improvements, as defined in and pursuant to the
CAA; and
WHEREAS, u.on Park Site Development Completion, as defined in the CAA, the scope
of the Easement A. eement shall be reduced from construction and construction staging to only
that access yeas. ably necessary to comply with the environmental compliance provisions
contained in th CAA; and
WH"EAS, the term of the Construction Easement Agreement shall be from recordation
until the - = rlier to occur of (1) the termination of the CAA or (2) the mutual agreement of the City
and MF' ; and
WHEREAS, MFP has further requested that the City grant MFP a temporary, non-
e elusive easement of various areas of the parent tract, as shown in the surveys attached and
corporated as Exhibit B and Exhibit C ("Access and Utility Easement Agreement"); and
WHEREAS, the Access and Utility Easement Agreement provides that the use of the
areas totaling approximately eleven (11) acres and identified in Exhibit B shall be for the limited
SUBSTITUTED
purpose of pedestrian and vehicular ingress and egress, and for the construction, operation,
and maintenance of underground utilities and public infrastructure; and
WHEREAS, the Access and Utility Easement Agreement further provides that the use o
the areas totaling approximately one-half (1/2) acre and identified in Exhibit C shall be for the
limited purpose of pedestrian ingress and egress and construction operation and maintenar e
of the pedestrian bridge; and
WHEREAS, the term of the Access and Utility Easement Agreement shall be om
recordation until the later to occur of (1) thirty-nine (39) years from the Lease Com ' encement
Date, as defined in the Commercial Lease or (2) the expiration of the term of any sublease in
effect and subject to a non -disturbance agreement as defined in the Commerci . Lease; and
WHEREAS, authority to execute the Construction Easement Agree ent and the Access
and Utility Easement Agreement shall be subject to the prior execution of e Agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISS!
MIAMI, FLORIDA::
N OF THE CITY OF
Section 1. The recitals and findings contained in the Pr amble to this Resolution are
hereby adopted by reference thereto and incorporated herei .s if fully set forth in this Section.
Section 2. The City Manager is hereby authorize • to negotiate and execute a
Construction Easement Agreement, in a form acceptab - to the City Attorney, in favor of MFP
for a temporary, non-exclusive easement of the Park 'or the limited purpose of construction and
staging for the development of the Demised Prope Improvements and Park Improvements as
defined in and pursuant to the CAA authorized b he City Commission for negotiation and
execution by the City Manager simultaneously ith this Construction Easement Agreement, for
a term not to exceed the earlier of (1) terminion of the CAA or (2) an earlier date mutually
agreed to by the City and MFP, providing t .t upon Completion of the Park Improvements, the
scope of the Easement Agreement shall oe reduced to only that access reasonably necessary
to comply with the environmental comp ance provisions contained in the CAA.
Section 3. The City Manag- is further authorized' to negotiate and execute a Access
and Utility Easement Agreement n a form acceptable to the City Attorney, in favor of MFP for a
temporary, non-exclusive ease ent of approximately eleven (I I) acres of the Parent Tract
identified in Exhibit C for the ' ited purpose of pedestrian and vehicular ingress and
egress, and for the cons uction, operation, and maintenance of underground utilities
and public infrastructu -, and further providing for a temporary, non-exclusive easement of
approximately one-hal 1/2) acre of the parent tract identified in Exhibit C for the limited
purpose of pedestri. ' ingress and egress and construction operation and maintenance of the
pedestrian bridge I a term not to exceed the later of (1) thirty-nine (39) years from the Lease
Commencemen •ate, as defined in the Commercial Lease or (2) expiration of the ter4i of any
sublease in eff• ct and subject to a Non -Disturbance Agreement, as defined in the Coikrierpial
Lease.
ction 4. This Resolution shall become effective immediately upon its adoption. --,
r' :sue
APP" OVED AS TO FORM AND CORRECTNESS: 5—,
The herein authorization is further subject to compliance with all legal requirements that maybe
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
m