HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #12611
Date: 09/19/2022
Commission Meeting Date: 10/13/2022
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Easement - Henry Reeves Park - Ancillary Improvements
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to negotiate and execute an easement agreement ("Easement Agreement"),
for the City -owned property located at 501 NW 8th Street, folio number 01-0101-010-
2031, ("City Property"), by and between the City of Miami ("Grantor") and Culmer
Apartments, LTD., a Florida limited partnership, whose address is 161 NW 6th Street,
Suite 1020, Miami, Florida 33136 ("Grantee"), in a form acceptable to the City Attorney,
over, across and upon approximately four thousand two hundred fifty (4,250) square
feet, as more particularly described in Exhibit "A", to provide for: (1) a temporary
construction easement for the purpose(s) of constructing an access driveway,
sidewalks, landscaping, underground utilities and other ancillary improvements
temporary staging and storage of construction materials for construction of the
improvements (collectively, the "Improvements") which shall automatically terminate by
no later than December 31, 2027; (2) a permanent non-exclusive easement, for the
Grantee to, at its sole cost and expense, install, construct, maintain, operate, modify,
repair, and replace underground and related aboveground equipment, (the
"Equipment"); and (3) a perpetual non-exclusive access easement on, over, and across
the surface of the easement area for vehicular and pedestrian access, ingress and
egress to and from the benefited property, (collectively the "Easements"), with terms
and conditions more particularly set forth in said Easement Agreement; further
authorizing the City Manager to negotiate and execute all other necessary documents,
including amendments and modifications to said Easement Agreement, all in a form
acceptable to the City Attorney, as may be necessary to effectuate said Easements.
Background of Item:
The City of Miami (the "Grantor") is the fee simple owner of that certain property located
at 501 NW 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida, more
particularly described on Exhibit "A" attached hereto and incorporated herein (the "City
Property").
Miami -Dade County, a political subdivision of the State of Florida ("County") is the fee
simple owner of that certain property located at 800 NW 5th Avenue (Folio No. 01-0101-
010-2030), located in Miami, Florida abutting the City Property. Culmer Apartments Ltd,
("Grantee") owns a subleasehold interest in the County Property located adjacent to the
City Property.
Grantee desires to obtain from the Grantor, and Grantor has, subject to the terms of the
Easement Agreement, agreed to grant to Grantee, (i) a temporary construction
easement, (ii) a perpetual, non-exclusive utility easement, and (iii) a perpetual, non-
exclusive access easement, over a portion of the City Property legally described in
Exhibit A attached hereto and incorporated herein (the "Easement Area").
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Office of the City Attorney
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Jacqueline Lorenzo
Pedro Lacret
Marie Gouin
Larry M. Spring
Arthur Noriega V
Valentin J Alvarez
Amber Ketterer
Victoria Mendez
Maricarmen Lopez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
09/20/2022 8:19 AM
09/20/2022 4:39 PM
09/20/2022 7:28 PM
09/21/2022 9:48 AM
09/23/2022 10:40 AM
09/27/2022 10:32 AM
09/30/2022 9:41 AM
09/30/2022 3:21 PM
10/13/2022 9:00 AM
10/13/2022 5:02 PM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0387
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12611 Final Action Date:10/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR THE CITY -OWNED PROPERTY LOCATED AT 501
NORTHWEST 8TH STREET, FOLIO NUMBER 01-0101-010-2031, ("CITY
PROPERTY"), BY AND BETWEEN THE CITY OF MIAMI ("GRANTOR") AND CULMER
APARTMENTS, LTD., A FLORIDA LIMITED PARTNERSHIP ("GRANTEE"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, OVER, ACROSS, AND UPON
APPROXIMATELY FOUR THOUSAND TWO HUNDRED FIFTY (4,250) SQUARE
FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" OF THE DRAFT
EASEMENT AGREEMENT, ATTACHED AND INCORPORATED ("EASEMENT
AREA"), TO PROVIDE FOR (1) A TEMPORARY CONSTRUCTION EASEMENT FOR
THE PURPOSE(S) OF CONSTRUCTING AN ACCESS DRIVEWAY, SIDEWALKS,
LANDSCAPING, UNDERGROUND UTILITIES AND OTHER ANCILLARY
IMPROVEMENTS AND FOR TEMPORARY STAGING AND STORAGE OF
CONSTRUCTION MATERIALS, WHICH SHALL AUTOMATICALLY TERMINATE BY
NO LATER THAN DECEMBER 31, 2027, (2) A PERMANENT NON-EXCLUSIVE
EASEMENT FOR THE GRANTEE TO, AT ITS SOLE COST AND EXPENSE, INSTALL,
CONSTRUCT, MAINTAIN, OPERATE, MODIFY, REPAIR, AND REPLACE
UNDERGROUND AND RELATED ABOVEGROUND EQUIPMENT, AND (3) A
PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT ON, OVER, AND ACROSS
THE SURFACE OF THE EASEMENT AREA FOR VEHICULAR AND PEDESTRIAN
ACCESS, AND INGRESS AND EGRESS TO AND FROM THE BENEFITED
PROPERTY, (COLLECTIVELY THE "EASEMENTS"), WITH TERMS AND
CONDITIONS MORE PARTICULARLY SET FORTH IN SAID EASEMENT
AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID EASEMENT AGREEMENT, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID EASEMENTS.
WHEREAS, the City of Miami ("Grantor") is the fee simple owner of that certain property
located at 501 Northwest 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida
("City Property"); and
WHEREAS, Miami -Dade County, a political subdivision of the State of Florida (the
"County") is the fee simple owner of that certain property located at 800 Northwest 5th Avenue
(Folio No. 01-0101-010-2030), located in Miami, Florida abutting the City Property ("County
Property"); and
WHEREAS, CulmerApartments Ltd, ("Grantee") owns a subleasehold interest in the
County Property located adjacent to the City Property; and
WHEREAS, Grantee is developing an affordable housing project on the County
Property; and
WHEREAS, Grantee desires to obtain from the Grantor, and Grantor has agreed to
grant to Grantee: (1) a temporary construction easement, (2) a perpetual, non-exclusive utility
easement, and (3) a perpetual, non-exclusive access easement, over a portion of the City
Property consisting of approximately four thousand two hundred fifty (4,250) square feet, as
more particularly described in Exhibit C of the draft Easement Agreement, of which a draft in
attached and incorporated, ("Easement Area") subject to certain terms and conditions to be set
forth in an easement agreement;
WHEREAS, insofar as the City Property is in need of an easement for ingress and/or
egress on, over, and across the County Property, the City will work with the County to obtain
same;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute an
Easement Agreement over the City Property by and between the Grantor and Grantee, in a
form acceptable to the City Attorney, over, across, and upon the Easement Area to provide for
(1) a temporary construction easement for the purpose(s) of constructing an access driveway,
sidewalks, landscaping, underground utilities and other ancillary improvements temporary
staging and storage of construction materials for construction which shall automatically
terminate by no later than December 31, 2027, (2) a permanent non-exclusive easement, for the
grantee to, at its sole cost and expense, install, construct, maintain, operate, modify, repair, and
replace underground and related aboveground equipment, and (3) a perpetual non-exclusive
access easement on, over, and across the surface of the easement area for vehicular and
pedestrian access, ingress and egress to and from the benefitted property, (collectively the
"Easements"), with terms and conditions more particularly set forth in said Easement
Agreement;
Section 3. The City Manager is further authorized' to negotiate and execute all other
necessary documents, including amendments and modifications to said Easement Agreement,
all in forms acceptable to the City Attorney, as may be necessary to effectuate said Easements.
Section 4. This Resolution shall become effective immediately upon its adoption.
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.
APPROVED AS TO FORM AND CORRECTNESS: