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HomeMy WebLinkAboutR-25-0522City of Miami Resolution R-25-0522 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18582 Final Action Date: 12/11/2025 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 AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CONSTRUCTION EASEMENT AGREEMENT IN FAVOR OF MIAMI FREEDOM PARK, LLC ("MFP") DATED FEBRUARY 9, 2023 ("CONSTRUCTION EASEMENT"), OVER A PORTION OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN THE SURVEY ATTACHED AND INCORPORATED AS EXHIBIT A ("CONSTRUCTION EASEMENT AREA"), PROVIDING FOR AN EXPANSION OF THE PURPOSES OF THE EASEMENT TO INCLUDE A TEMPORARY ACCESS EASEMENT FOR THE CONSTRUCTION AND USE OF A TEMPORARY ROADWAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS WITHIN A PORTION OF THE CONSTRUCTION EASEMENT AREA MORE PARTICULARLY DESCRIBED IN THE SURVEY ATTACHED AND INCORPORATED AS EXHIBIT B ("ROADWAY EASEMENT AREA"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE INGRESS, EGRESS, AND UTILITY EASEMENTS IN FAVOR OF MFP DATED FEBRUARY 9, 2023 ("ACCESS EASEMENTS"), PROVIDING FOR MODIFICATIONS TO THE ACCESS EASEMENT AREAS TO ACCOMMODATE VEHICULAR TRAFFIC TO AND FROM THE CITY'S ADMINISTRATION BUILDING AND TO INCLUDE AN ADDITIONAL PERMANENT ACCESS EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS WITHIN THE ROADWAY EASEMENT AREA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE PURPOSES SET FORTH HEREIN. WHEREAS, the City of Miami ("City") is the fee simple owner of approximately one hundred thirty-one (131) acres of land located adjacent to the City's Grapeland Park, and generally bound on the East by Northwest 37 Avenue, on the West by Northwest 42 Avenue, on the South by Northwest 14 Street, and on the North by the municipal boundary ("Site"); and WHEREAS, in November of 2018, the electorate of the City approved a referendum to waive competitive bidding and authorize the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Site as a soccer stadium and other ancillary commercial development ("Leased Premises") and requiring City of Miami Page 1 of 3 File ID: 18582 (Revision:) Printed On: 1/8/2026 File ID: 18582 Enactment Number: R-25-0522 MFP to provide various other public benefits, including the remediation and development of a fifty-eight (58) acre public park ("Park"); and WHEREAS, pursuant to Resolution No. R-22-0156, adopted April 28, 2022, Miami Freedom Park, LLC, a Delaware Limited Liability Company ("MFP") entered into that certain Ground Lease for Soccer Stadium ("Soccer Lease") and that certain Ground Lease for Miami Freedom Park Commercial Development ("Commercial Lease"), dated as of February 9, 2023, governing the Developer's use of the Leased Premises (collectively, "Lease Agreements"); and WHEREAS, the City and MFP also entered into a Construction Administration Agreement ("CAA"), dated as of February 9, 2023, to govern the development of the Site and the provision of certain public benefits, including the delivery of the Park; and WHEREAS, pursuant to Resolution No. R-22-0157, adopted April 28, 2022, the City entered into certain easements over the Park dated February 9, 2023, including an easement for construction ("Construction Easement") and ingress, egress, and utility easements ("Access Easements"); and WHEREAS, pursuant to Resolution No. R-23-0547, adopted December 14, 2023, the City authorized the City Manager to enter into an Amended and Restated Development Management and Construction Agreement for the construction of the City's Municipal Administration Building ("MAB") within a portion of the Park and the easement areas; and WHEREAS, pursuant to Resolution No. R-25-0060, adopted February 27, 2025, the City authorized certain easements in favor of the Florida Power & Light Company, to construct, access, and maintain an electric utility substation ("FPL Substation") on a portion of the public park parcel and the easement areas; and WHEREAS, pursuant to Resolution No. R-25-0502 (File Number 18496), adopted on November 20, 2025, the City authorized various amendments to the Lease Agreements and the CAA, and further authorized an amendment to the Construction Easement to remove the MAB and FPL Substation areas, thereby updating the easement area to that more particularly described in the survey attached hereto and incorporated herein as Exhibit A ("Construction Easement Area"); and WHEREAS, revisions to the Access Easements are also necessary to accommodate access points to service vehicular traffic to and from the MAB; and WHEREAS, MFP has also requested modifications to the Construction Easement and Access Easements to include additional access rights, including the construction and use of an internal roadway along Northwest 17th Street from Northwest 37th Avenue, within the portion of the Construction Easement Area more particularly described in the survey attached and incorporated as Exhibit B ("Roadway Easement Area"); and 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 if fully set forth in this Section. City of Miami Page 2 of 3 File ID: 18582 (Revision:) Printed on: 1/8/2026 File ID: 18582 Enactment Number: R-25-0522 Section 2. The City Manager is authorized' to negotiate and execute an amendment to the Construction Easement, in a form acceptable to the City Attorney, to expand the purposes of the easement to include a temporary access easement for the construction and use of a temporary roadway for pedestrian and vehicular ingress and egress within the Roadway Easement Area. Section 3. The City Manager is further authorized' to negotiate and execute amendments to the Access Easements, in forms acceptable to the City Attorney, to accommodate vehicular traffic to and from the MAB and to include an additional permanent access easement for pedestrian and vehicular ingress and egress within the Roadway Easement Area. Section 4. The City Manager is further authorized' to negotiate and execute all necessary documents, including amendments and modifications to said Construction Easement and Access Easements, all in forms acceptable to the City Attorney, as may be necessary to effectuate the purposes set forth herein. Section 5. This Resolution shall become effective immediately upon its adoption and approval by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge = . Wyy ng III, City ttor' -y 12/2/2025 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: 18582 (Revision:) Printed on: 1/8/2026