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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