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HomeMy WebLinkAbout25972AGREEMENT INFORMATION AGREEMENT NUMBER 25972 NAME/TYPE OF AGREEMENT 5215 FLAGLER STREET LLC DESCRIPTION ACCESS, INDEMNIFICATION & HOLD HARMLESS AGREEMENT/5215 FLAGLER ST, MIAMI, FLORIDA 33126/FILE ID: 18183/R-25-0422/MATTER ID: 25-423K/#12 EFFECTIVE DATE February 6, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/6/2026 DATE RECEIVED FROM ISSUING DEPT. 2/17/2026 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Housing and Community Development DEPT. CONTACT PERSON: Maria T Ason NAME OF CONTRACTUAL PARTY/ENTITY: 5215 Flagler Street, LLC IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ EXT. 1971 TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICE AGREEMENT ❑GRANT AGREEMENT 0 EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT EOTHER (PLEASE SPECIFY): Site Access Agreement — YES 7 NO FUNDING INVOLVED? YES J NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT 0 INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT I?URPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITONAL PAGES IF NECESSARY): Execute site access agreement for the purpose of allowing developer's contractors park at the site due to lack of off street parking for the development of Flagler Villas project. This current development is close to the site. COMMISSION APPROVAL DATE: 10/20/2025 FILE ID: 18183 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT No.: R-25-0422 ROUTING INFORMATION DATE PLEASE PRINT AND SIGN / APPROVAL BY DEPARTMENT DIRECTOR/ DESIGNEE / ?3- °/026 PRINT: VICTOR TURN R/ N QUADE SIGNATURE: e�,,,,e_—_ APPROVAL BY RISK MANAGEMENT /7 C2l-6 PRINT: DDAAVI 42 IZ D CP U� SIGNATURE: APPROVAL BY CITY ATTORNEY PRINT: GEORGt K. SONG III ii- itFatA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER IS1 PRINT: ERICA P SCHAL DAR ING SIGNATURE: 7' APPROVAL BY DEPUTY CITY MANAGER 2-/r/2Ce PRINT: NATASI-IA COL BROOK-WILLIAMS SIGNATURE: C�`�i/�`�-.�� APPROVAL BY CITY MANAGER z i(4 PRINT: JAMESEYES SIGNATURE: APPROVAL BY CITY CLERK PRINT: TODD B. HANNON SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER ACCESS, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT This Access, Indemnification, and Hold Harmless Agreement (the "Agreement"), entered into this day of , 2O -C, (the "Effective Date") by and between 5215 Flagler Street LLC, a Florida limited liability company, whose principal place of business is 2850 Tigertail Avenue, Suite 800, Miami, F133133 ("Accessor"), and THE CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City"). WITNESSETH WHEREAS, Accessor has voluntarily requested permission to access City -owned property located at5350 Flagler Street Miami, Florida) as more particularly described in Exhibit "C" (the "Property") for the purpose of utilizing the Property for parking and staging activities in connection with the construction of the affordable housing project located at 5215 Flagler Street, Miami, Florida 33126; and WHEREAS, the City desires to grant Accessor temporary and limited access to the Property in exchange for the promises and obligations described below; and NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals and Incorporations. The foregoing recitals are true and correct and are incorporated herein by this reference. The following exhibits are attached hereto and hereby incorporated and made a part of this agreement: Exhibit A — Insurance Requirements Exhibit B — City of Miami Resolution No. R-25-0422 Exhibit C — Legal Description of Property Exhibit D — Anti -Human Trafficking Affidavit If there is a conflict between this Agreement and any attached Exhibit, the conflict shall be resolved in favor of the Agreement then each exhibit in the priority order as indicated above. 2. Definitions. Any reference to days shall mean calendar days unless specifically stated otherwise. 3. Right to Access. The City grants to Accessor, temporary access rights to enter upon the Property solely for the purposes described in Exhibit `B," subject to the terms and conditions hereinafter contained during the Access Period. Said temporary access rights are subject to the requirement that Accessor provide forty eight (48) hours of advance written notice prior to the commencement of any access or work on the Property. 4. Access Period. The Accessor may exercise its temporary access rights beginning on the Effective Date first written above, and ending two hundred seventy-five (275) days thereafter (the "Access Period"). Accessor shall vacate the property, restore it to its preexisting condition as further described below, and remove any of Accessor's effects and equipment prior to the expiration of the Access Period. The Access Period may be extended for an additional period of no more than ninety (90) days in the City's sole discretion with the City Manager's written approval. 5. Condition of Property. Accessor has inspected, or has been given the opportunity to inspect, the Property, prior to execution of this Agreement, and accepts the Property "as is," in its present condition and state of repair and without any representation by or on behalf of the City. Accessor agrees to maintain the Property in a good and safe condition and that the City shall not, under any circumstances, be liable for any latent, patent, or other defects in the Property. 6. Return of Property. The Accessor shall return the Property to the same or better condition than the when the Accessor first accessed the Property upon the expiration of the Access Period or when the Accessor completes its work and no longer requires access, whichever occurs first. The Accessor agrees to remit and pay all costs, fees, or expenses for placing the Property back in the aforementioned same or better condition. The Accessor agrees the City shall not expend any resources whatsoever for placing the Property back in the aforementioned same or better condition. The Accessor further agrees the City shall be entitled to true and correct copies of all reports, final permit and conclusions obtained as a result of any work performed on the Property. If the Accessor fails to return the Property to its preexisting condition, the City may cause any necessary work or repairs to be completed and seek costs from the Accessor. 7. Indemnification and Hold Harmless. Accessor shall indemnify, protect, defend, release, and hold the City, its officers, officials, employees, agents, representatives, and servants (collectively the "Indemnitees") harmless from and against all claims, damages, liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reasonable attorneys' fees and court costs, incurred by the Indemnities due to injury to person or property arising out of or in connection with this Agreement and Accessor's, or any of its agents, employees, representatives, contractors, subcontractors, or consultants' (collectively "Accessor's Representatives") performance or nonperformance in its access of the Property, even if it is alleged that the Indemnitees were negligent. Accessor hereby voluntarily and knowingly waives any and all claims against the Indemnitees for injuries to person or property sustained by Accessor or Accessor's Representatives arising out of or related to the activities undertaken by Accessor or Accessor's Representatives upon the Property or in connection therewith and releases the Indennitees from any and all claims and liabilities in connection therewith. Accessor shall require all contracts entered into in connection with this Agreement shall include the obligation that all other contractors shall also indemnify, defend, and hold harmless the City from any and all claims in connection with the proposed work. The Accessor acknowledges that the grant of this Agreement is good, separate, and distinct consideration afforded by the City for this indemnification. THE ACCESSOR HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND HOLD HARMLESS AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written Agreement have been made. 8. Release and Covenant not to Sue. Accessor hereby releases, waives, discharges, and covenants not to sue the Indemnitees from all liability to Accessor, its affiliates, predecessors, successors, subsidiaries, related companies, divisions, officers, employees, agents, personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to person or property or resulting in death or dissolution of the Accessor, its affiliates, predecessors, successors, subsidiaries, related companies, divisions, officers, employees, agents, personal representatives, assigns, heirs, and next of kin, whether caused by the negligence of the City, or otherwise, while the Accessor is in, upon or nearby the Property. 9. Successor's in Interest. This Agreement shall be legally binding upon the Accessor, its successors in interest, heirs, estate, assigns, legal guardians, and personal representatives. The Accessor is aware that it is releasing certain legal rights that it may otherwise have, and is undertaking other specific legal obligations that it otherwise might not have, and it nevertheless shall enter into this Agreement on behalf of itself, and others described above, of its own free will. 10. Risk of Loss. Accessor understands that it is responsible for providing its own security and agrees that the City shall not be liable for any loss, injury or damage to any personal property, fixtures, materials, supplies, or equipment brought into the Property by Accessor or by anyone whomsoever, during the time that the Property is under the control of or occupied by the Accessor. All personal property, fixtures, materials, supplies placed or moved in the Property shall be at the risk of Accessor or the owner thereof. 11. Insurance. The Accessor shall be required to maintain, at all times, insurance requirements in accordance with Exhibit "A." Also, the City of Miami, 444 SW 2nd AVE, Miami, FL 33130 shall be named as an Additional Insured and Certificate Holder. Accessor must include the same or greater insurance coverage in all contracts or subcontracts pertaining to the access contemplated by this Agreement. Contractors utilized by the Acccessor must comply with the lines of coverage contemplated under this section. 12. Termination. The City shall have the right to terminate this Agreement by giving Accessor at least fifteen (15) days prior written notice for any reason or no reason for its convenience. The City may also terminate this Agreement immediately for cause upon written notice if Accessor has defaulted under the terms of this Agreement. 13. Survival. All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 14. Notices. Notices required under the Agreement shall be deemed to be given when hand -delivered (with receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt requested. AS TO THE ACCESSOR AS TO THE CITY: Name: James Reyes City Manager Title: 444 SW 2' Avenue, 10th Floor Miami, FL 33130 Address 1: jareyes(amiamigov.com Address 2: WITH A COPY TO: Email: George K Wysong III City Attorney 444 SW 2°' Avenue, 9th Floor Miami, FL 33130 gwysong(cr�miamigov. com Victor Turner Director of the Housing and Community Development Department 444 SW 2! Avenue, 9th Floor Miami, FL 33130 vturner(cmiamigov. com 15. Sovereign Immunity. Nothing in this Agreement should be construed to waive sovereign immunity beyond the limitations set forth in s. 768.28, Florida Statutes. 16. Public Records. Accessor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Accessor agrees to allow access by the City and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. Accessor's failure or refusal to comply with the provisions of this Section shall result in immediate termination of the Agreement by the City. a. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Accessor must comply with the Florida Public Records Laws, specifically Accessor must: b. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service/Programming. c. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. d. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. e. Meet all requirements for retaining public records and transfer, at no cost to the City, all public records in possession of Accessor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. f. All records stored electronically must be provided to the City in a format compatible with the information technology systems of the City. g. Accessor agrees that any of the obligations in this Section will survive the term, termination, and cancellation hereof. IF ACCESSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ACCESSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS CIO OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT CUSTODIAN OF RECORDS AT 3RD FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 18. Entire Agreement. This Agreement along with its incorporated Exhibits contain all the terms and conditions agreed upon by the parties. This Agreement constitutes the full and final agreement between the parties as to the subject matter of the Agreement. This Agreement supersedes and replaces all prior or contemporaneous communications and agreement between the parties, whether oral or otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. 19. Severability. If any provision of this Agreement is held invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be construed in a manner to make it enforceable. In the event the provision cannot be enforced through any interpretation, such provision shall be considered severable and the remainder of this Agreement shall continue in full force and effect. 20. No Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing in accordance with this Agreement. 21. Modifications, Amendments, Extensions, Waivers. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement, including but not limited to access to and any other uses of the Property, and the Access Period, shall only be valid when they have been reduced to writing and duly authorized by the City Manager or City Commission as appropriate and the authorized representatives for Accessor. 22. Audit. This Agreement and all documents connected therewith shall at all times be subject to the audit and inspection requirements of Chapter 18 of the Code of Ordinances of the City of Miami, as amended ("City Code"). 23. Governing Law & Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal proceedings arising out of this Agreement shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. 24. Waiver of Jury Trial. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH THEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT. 25. Anti -Human Trafficking Affidavit. The Accessor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Accessor shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit D. If the Accessor fails to comply with the terms of this Section, the CITY may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the CITY be liable to Accessor for any additional compensation or for any consequential or incidental damages. 26. Compliance with Federal, State, and Local Laws. Accessor agrees to observe and comply with all applicable federal, state, and local laws, rules, and regulations as they may be amended from time to time. Signature Page To Follow IN WITNESS WHEREOF, the City and Accessor have caused this Agreement to be executed as of the Effective Date set forth above. ACCESSOR: 5215 FLAGLER STREET, LLC, a Florida limited liability company By: 5215 Flagler Street Manager, LLC, a Florida limited liability company, its manager By: 7 9(71.--, Tony Del Pozzo, Vice President STATE OF FLORIDA } COUNTY OF MIAMI-DADE} The foregoing instrument was acknowledged befor me by means of (physical presence or El online by Tony Del Pozzo, as Vice President of 5215 Flagler Street Manager, LLC, a Florida limite bility company, the manager of 5215 Flagler Street, LLC, a Florida limited liability company, who is personally known to me or El has produced as identification and who did not take an oath. notarization, this <9(0441 day of ' r, 20 Notary Stamp: VANESSAPILOTO IN COMMISSION # NH 213353 EXPIRES: February 18, 2026 \edivma Signature of Notary Public Taking Acknowledgment Print Name: OLIAtssQ Pt to Serial Number (if any): 4 i 21-635'7 Commission Expires: alttCf a-¢o ATTEST: dB.H City Clerk APPROVED A CE REQUIRE David Ruiz Risk Man Director CITY OF MIAMI, a municipal corporation of the State of Florida BY: APPROVED AS TO FORM AND CORRECTNESS: BY: George I'ZJ Wysong I I , City Attorney EXHIBIT "A" INSURANCE REQUIREMENTS - HOLD HARMLESS AGREEMENT I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit, Umbrella Liability Each Occurrence General Aggregate Limit $1,000,000 $1,000,000 City of Miami listed as an additional insured and excess following form over the general liability and auto policies. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. EXHIBIT "B" CITY OF MIAMI RESOLUTION NO. R-25-0422 [on following page] AGENDA ITEM SUMMARY FORM File ID: #18183 Date: 09/15/2025 Commission Meeting Date: 10/09/2025 Requesting Department: Department of Housing and Community Development Sponsored By: Ralph Rosado District Impacted: District 4 Type: Resolution Subject: Execute - Site Access Agrmnt - 5350 West Flagler Street Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE ACCESS AGREEMENT, BETWEEN THE CITY OF MIAMI AND 5350 FLAGLER STREET, LLC, FOR THE PURPOSE OF UTILIZING A VACANT LOT LOCATED AT 5350 FLAGLER STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," AS PARKING FOR THE CONTRACTORS WORKING ON FLAGLER VILLAS PHASE ONE ("PROJECT"), LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "B"; FUTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, AND COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. Background of Item: On June 10, 2021, pursuant to Resolution No. 21-0229 the City of Miami ("City") acquired a vacant parcel of land located at 5215 West Flagler Street, Miami, Florida for the development of a rental housing project for low-income seniors, Flagler Villas Phase One ("Project"), to be partially financed by the City. Pursuant to Resolution No. 23-0519 November 16, 2023, the City acquired the property located at 5350 West Flagler Street for the development mixed use/mixed income affordable rental or homeownership developments/units, ("Flagler Villas Phase Two"), in compliance with the acquisition strategy, in District 4. The Phase Two site is currently a vacant lot, after the original building was demolished. The parking on the construction site of Project is extremely limited, and the site access agreement would allow the contractors working on Flagler Villas Phase One Project to park at a vacant lot on Flagler Villas Phase Two, which is a short distance away. The City shall require the following in order to the execute a site access agreement to the Developer: (i) evidence satisfactory to the Director of the Department of Housing and Community Development ("Director") that financial commitments from the lender or lenders have been received; (ii) any mortgages obtained by the Developer on the Parcel(s) will be subject to the approval of the Director; and (iii) the closing of the lease agreement occurs simultaneously with the closing of the construction financing by the lender(s), if any. The approval of the site access agreement shall be subject to compliance with all applicable federal, State of Florida, and local laws, rules, regulations, or restrictions; uponsuccessful remediation of existing environmental conditions; and the negotiation and execution of any other necessary documents all in form(s) acceptable to the City Attorney, for the purposes stated herein and in furtherance of the Project. The City Administration recommends the City Manager to execute a site access agreement, between the City of Miami and 5350 Flagler Street, LLC., for the purpose of utilizing a vacant lot located at 5350 Flagler Street, Miami, Florida,- legally described in Exhibit "A" as parking for the contractors working on Flagler Villas Phase One "(Project"), located at 5215 West Flagler Street, Miami, Florida, as described in Exhibit Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $0 Reviewed B Department of Housing and Community Development Review _ Completed 09/15/2025 4:19 PM Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Marie Gouin City Manager's Office City Manager's Office Legislative Division City Manager's Office Office of.the City Attorney Office of the City Attorney • City Commission Office of the City Clerk Erica T. Paschal Natasha Colebrook -Williams Valentin J Alvarez Natasha Colebrook -Williams .Raymond Pereira George K. Wysong III Maricarmen Lopez City Clerk's Office Victor Turner Budget Analyst Review Budget Review Assistant City Manager Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review.= ; _ ; :.:___ -. Approved Form and Correctness Meeting Rendered ••- •• ,- Department Head Completed 09/22/2025 3:11 PM Completed 09/29/2025 9:57 PM Completed 09/30/2025 9:54 AM Completed 09/30/2025 11:05 AM Completed 09/30/2025 1:38 PM Completed 09/30/2025 3:27 PM ,_Completed,:,; ;;709/30/20253.35;PM Competed - 09/30/2025 3 42 PM 9 Completed 10/09/2025 9:00 AM ;-Completed - 7 -:10/1-7/2025 9:23 AM. City of Miami Legislation Resolution Enactment Number: R-25-0422 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18183 Final Action Date:10/9/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE ACCESS AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI AND 5215 FLAGLER STREET, LLC, FOR THE PURPOSE OF ACCESSING CITY OF MIAMI OWNED REAL PROPERTY LOCATED AT 5350 FLAGLER STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," FOR STAGING AND PARKING IN CONNECTION WITH THE AFFORDABLE HOUSING PROJECT, LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA ("FLAGLER VILLAS PHASE ONE"), AS DESCRIBED IN EXHIBIT "B", FOR A PERIOD NOT TO EXCEED THREE HUNDRED SIXTY FIVE (365) DAYS FROM THE EFFECTIVE DATE OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. WHEREAS, on June 10, 2021, pursuant to Resolution No. 21-0229, the City of Miami ("City") acquired a parcel of land located at 5215 West Flagler Street, Miami, Florida, as legally described in Attachment "B," attached and incorporated, for the development of a rental housing project for low-income seniors ("Flagler Villas Phase One"); and WHEREAS, on November 16, 2023, pursuant to Resolution No. 23-0519, the City acquired the property located at 5350 West Flagler Street, Miami, Florida ("Property"), as legally described in Attachment "A," attached and incorporated; and WHEREAS, on February 27, 2025, pursuant to Resolution No. R-25-0062, the City Commission authorized the execution of a ninety-nine (99) year ground lease agreement, between the City and 5350 Flagler Street, LLC, on the City -owned Property for the development of an affordable housing project on the Property ("Flagler Villas Phase Two"); and WHEREAS, the ninety -nine-year ground lease for the Property can only be executed along with the closing of all financing for the Flagler Villas Phase Two project on the Property; and WHEREAS, the City is currently the fee simple owner of the Property; and WHEREAS, Related Urban ("RUDG, LLC") is the parent company of 5215 Flagler Street, LLC, and 5350 Flagler Street, LLC, and RUDG, LLC has completed various affordable housing developments within the City and currently has others at various stages of construction and is currently in good standing with the City; and WHEREAS, on September 12, 2025, 5350 Flagler Street, LLC, submitted to the City a Letter of Request to allow access to the Property for staging and parking in connection with the Flagler Villas Phase One project; and WHEREAS, the City Administration recommends the City Manager to execute a Site Access Agreement ("Agreement"), between the City of Miami and 5215 Flagler Street, LLC, for a period not to exceed three -hundred sixty (365) days from the effective date of the Agreement, to access the Property for staging and parking, for the development of the Flagler Villas Phase One; 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. Section 2. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, with 5215 Flagler Street, LLC, for a period not to exceed three -hundred sixty (365) days from the effective date of the Agreement, to access the Property for staging and parking, for the development of the Flagler Villas Phase One. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including amendments and modifications to the Agreement as may be necessary to effectuate said Agreement, all in forms acceptable to the City Attorney and in compliance with all applicable laws, rules, and regulations. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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. EXHIBIT "C" LEGAL DESCRIPTION OF PROPERTY Lots 9, 10 and the South 65 feet of Lots 11 and 12 Block 8, FLAGLER GARDENS in Section 6, Township 54 South, Range 41 East lying and being in Dade County, now known as Miami -Dade County, Florida together with all improvements therein and thereon, as recorded in Plat Book 48 at Page 1, of the Public Records of Miami -Dade County. Commonly known as 5350 West Flagler Street, Miami, FL. Folio Number: 01-4106-013-1790 EXHIBIT "D" ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2025). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2025), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2025). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity: 5215 Flagler Street, LLC Name: Tony Del Pozzo n Officer Title: Vice President Signature of Officer:rl— Office Address: 2850 Tigertail Avenue, Suite 800, Miami, FL 33133 Email Address: tdelpozzo@relatedgroup.com Main Phone Number: 305-460-9900