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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: