HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y
AGENDA ITEM SUMMARY FORM
File ID: #1957
Date: 03/09/2017 Requesting Department: Department of Real
Estate and Asset Management
Commission Meeting Date: 03/23/2017 Sponsored By:
District Impacted:
Type: Resolution
Subject: Access Agreement - Virginia Key
Purpose of Item:
A Resolution of the City of Miami Commission, with attachment(s), authorizing the City
Manager to execute a Corrective County Deed and an Amended Declaration of
Restrictions in substantially the attached form with Miami -Dade County for the extension
of timeframes granted by the Board of County Commissioners of Miami -Dade County
for the City of Miami to commence and complete construction of a public municipal
parking garage on Virginia Key and execute an Access Agreement in substantially the
attached form with Miami -Dade County for the use of portions of Virginia Key to be used
as parking during the annual tennis tournament currently known as the Miami Open.
Background of Item:
On April 2, 2013, the Board of County Commissioners of Miami -Dade County approved
Resolution No. R-236-13, authorizing the conveyance of a portion of Rickenbacker
Causeway to the City of Miami for the construction and maintenance of a public
municipal parking garage on Virginia Key.
The proposed construction, operation and maintenance by the City of Miami of a public
municipal parking garage is in the public and community interest and welfare and
consistent with public transportation purposes.
In accordance with such Resolution, on April 2, 2013, the Board of County
Commissioners of Miami -Dade County conveyed the property to the City of Miami by
County Deed, and additionally, recorded a Declaration of Restrictions in connection with
the conveyance.
In addition to other conditions and restrictions set forth in the County Deed and
Declaration of Restrictions, the City of Miami was required to commence construction of
the Parking Garage no later than four (4) years from the date of conveyance of the
Property, and to complete construction no later than five (5) years from the date of
conveyance of the Property.
The City of Miami requested and the Board of County Commissioners of Miami -Dade
County approved a second (2nd) extension of such timeframes by (i) seven (7) years
from the original conveyance of the Property on April 2, 2013 to commence construction
of the Parking Garage and (ii) eight (8) years from the original conveyance of the
Property on April 2, 2013 to complete construction subject to certain conditions.
The Board of County Commissioners of Miami -Dade County authorized the Chairperson
or Vice -Chairperson of the Board of County Commissioners of Miami -Dade County to
execute the Corrective County Deed and the Amended Declaration of Restrictions
subject to satisfaction of the following conditions: (a) full and binding authority granted
by the City of Miami Board authorizing the City to execute the Amended Declaration of
Restrictions; (b) execution of such Amended Declaration of Restrictions by the City; (c)
full and binding approval of the City of Miami Board of the Corrective County Deed; and
(d)(i) negotiation of an agreement between the City and the County for the County's
use of the City Properties (which may optionally include discussion of utilizing a portion
of the municipal parking garage after it is constructed), for parking during the Tennis
Tournament Period, for a nominal fee and not less than a 20 year term with one 20 year
option to renew, (ii) full and binding authority granted by the respective Boards of the
City and the County of such agreement, and (iii) execution by the City and the County of
such agreement.
The City of Miami is the owner of real property located on Virginia Key that Miami -Dade
County wishes to use for parking for a period of 23 days per year as parking for the
annual tennis tournament currently known as the Miami Open.
The City of Miami wishes to enter into an Access Agreement with Miami Dade County
for a term of 20 years with one 20 year option for the use of the aforementioned parking
areas in exchange for Miami -Dade County's approval of an extension of the County
Deed and Declaration of Restrictions.
Budget Impact Analysis
Total Fiscal Impact:
N/A
Reviewed By
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget
Everton Garvis
Office of Management and Budget
Christopher M Rose
City Manager's Office
Alberto N. Parjus
Legislative Division
Valentin J Alvarez
City Manager's Office
Daniel J. Alfonso
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Joyce Jones
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Department Head Review
Completed
03/09/2017 10:28 AM
Budget Analyst Review
Completed
03/14/2017 1:03 PM
Budget Review
Completed
03/14/2017 1:13 PM
Assistant City Manager Review
Completed
03/14/2017 1:59 PM
Legislative Division Review
Completed
03/14/2017 3:07 PM
City Manager Review
Completed
03/14/2017 5:44 PM
Deputy City Attorney Review
Completed
03/14/2017 5:50 PM
Approved Form and Correctness
Completed
03/14/2017 6:41 PM
Meeting
Completed
03/23/2017 9:00 AM
Signed by the Mayor
Completed
03/27/2017 4:17 PM
Signed and Attested by the City Clerk
Completed
03/27/2017 4:48 PM
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A CORRECTIVE COUNTY
DEED AND AN AMENDED DECLARATION OF RESTRICTIONS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE EXTENSION OF
TIME FRAMES GRANTED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY FOR THE CITY OF MIAMI TO COMMENCE AND COMPLETE
CONSTRUCTION OF A PUBLIC MUNICIPAL PARKING GARAGE ON VIRGINIA KEY
AND EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY FOR THE USE OF PORTIONS OF VIRGINIA
KEY TO BE USED AS PARKING DURING THE ANNUAL TENNIS TOURNAMENT
CURRENTLY KNOWN AS THE MIAMI OPEN; APPROVING AND AUTHORIZING THE
RECORDATION OF THE CORRECTIVE COUNTY DEED AND AMENDED
DECLARATION OF RESTRICTIONS IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO KEEP COPIES OF
CORRECTIVE COUNTY DEED AND AMENDED DECLARATION OF RESTRICTIONS;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF
THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN.
WHEREAS, on April 2, 2013, the Board of County Commissioners of Miami -Dade
County ("County Commission") approved Resolution No. 236-13, authorizing the conveyance of
a portion of Rickenbacker Causeway to the City of Miami ("City") for the construction and
maintenance of a public municipal parking garage ("Parking Garage") on Virginia Key; and
WHEREAS, the proposed construction, operation and maintenance by the City of a
Parking Garage on Virginia Key is in the public and community interest and welfare and
consistent with public transportation purposes; and
WHEREAS, in accordance with Resolution No. 236-13, on April 2, 2013, the County
Commission conveyed the property to the City by County Deed, and additionally, recorded a
Declaration of Restrictions in connection with the conveyance; and
WHEREAS, in addition to other conditions and restrictions set forth in the County Deed
and Declaration of Restrictions, the City was required to commence construction of the Parking
Garage no later than four (4) years from the date of conveyance of the Property, and to
complete construction no later than five (5) years from the date of conveyance of the Property;
and
WHEREAS, the City requested and the County Commission approved a second
extension of time provided that the City (i) commence construction of the Parking Garage within
seven (7) years from the original conveyance of the Property on April 2, 2013 and (ii) complete
construction of the Parking Garage, subject to certain conditions, within eight (8) years from the
original conveyance of the Property on April 2, 2013; and
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City of Miami
City Hall
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Legislation
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Miami, FL 33133
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Resolution
www.miamigov.com
Enactment Number: R-17-0148
File Number: 1957
Final Action Date:3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A CORRECTIVE COUNTY
DEED AND AN AMENDED DECLARATION OF RESTRICTIONS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE EXTENSION OF
TIME FRAMES GRANTED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY FOR THE CITY OF MIAMI TO COMMENCE AND COMPLETE
CONSTRUCTION OF A PUBLIC MUNICIPAL PARKING GARAGE ON VIRGINIA KEY
AND EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY FOR THE USE OF PORTIONS OF VIRGINIA
KEY TO BE USED AS PARKING DURING THE ANNUAL TENNIS TOURNAMENT
CURRENTLY KNOWN AS THE MIAMI OPEN; APPROVING AND AUTHORIZING THE
RECORDATION OF THE CORRECTIVE COUNTY DEED AND AMENDED
DECLARATION OF RESTRICTIONS IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO KEEP COPIES OF
CORRECTIVE COUNTY DEED AND AMENDED DECLARATION OF RESTRICTIONS;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF
THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN.
WHEREAS, on April 2, 2013, the Board of County Commissioners of Miami -Dade
County ("County Commission") approved Resolution No. 236-13, authorizing the conveyance of
a portion of Rickenbacker Causeway to the City of Miami ("City") for the construction and
maintenance of a public municipal parking garage ("Parking Garage") on Virginia Key; and
WHEREAS, the proposed construction, operation and maintenance by the City of a
Parking Garage on Virginia Key is in the public and community interest and welfare and
consistent with public transportation purposes; and
WHEREAS, in accordance with Resolution No. 236-13, on April 2, 2013, the County
Commission conveyed the property to the City by County Deed, and additionally, recorded a
Declaration of Restrictions in connection with the conveyance; and
WHEREAS, in addition to other conditions and restrictions set forth in the County Deed
and Declaration of Restrictions, the City was required to commence construction of the Parking
Garage no later than four (4) years from the date of conveyance of the Property, and to
complete construction no later than five (5) years from the date of conveyance of the Property;
and
WHEREAS, the City requested and the County Commission approved a second
extension of time provided that the City (i) commence construction of the Parking Garage within
seven (7) years from the original conveyance of the Property on April 2, 2013 and (ii) complete
construction of the Parking Garage, subject to certain conditions, within eight (8) years from the
original conveyance of the Property on April 2, 2013; and
WHEREAS, the County Commission authorized the Chairperson or Vice -Chairperson of
the County Commission to execute the Corrective County Deed and the Amended Declaration
of Restrictions subject to satisfaction to (i) a full and binding authority granted by the City Boards
authorizing the City to execute the Amended Declaration of Restrictions, (ii) execution of such
Amended Declaration of Restrictions by the City, (iii) full and binding approval of applicable City
Boards of the Corrective County Deed and (iv)(1) negotiation of an agreement between the City
and the County for the County's use of the City Properties (which may optionally include
discussion of utilizing a portion of the Parking Garage after it is constructed), for parking during
the tennis tournament currently known as the Miami Open, for a nominal fee and not less than a
twenty (20) year term with one (1) twenty (20) year option to renew, (2) full and binding authority
granted by the respective Boards of the City and the County of such agreement and (3)
execution by the City and the County of such agreement; and
WHEREAS, the City is the owner of real property located on Virginia Key that Miami -
Dade County wishes to use for parking for a period of twenty-three (23) days per year as
parking for the annual tennis tournament currently known as the Miami Open; and
WHEREAS, the City wishes to enter into an Access Agreement with Miami -Dade County
for a term of twenty (20) years with one (1) twenty (20) year option to renew for the use of the
aforementioned parking areas in exchange for Miami -Dade County's approval of an extension of
the County Deed and Declaration of Restrictions;
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 and incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to execute a Corrective County Deed
and an Amended Declaration of Restrictions, in substantially the attached form, with Miami -
Dade County for the extension of timeframes granted by the Board of County Commissioners of
Miami -Dade County for the City to commence and complete construction of a Parking Garage
on Virginia Key and to execute an Access Agreement, in substantially the attached form, with
Miami -Dade County for the use of portions of Virginia Key to be used as parking during the
annual tennis tournament currently known as the Miami Open.
Section 3. The City Commission approves and authorizes' the recordation of the
Corrective County Deed and the Amended Declaration of Restrictions in the Public Records of
Miami -Dade County, Florida.
Section 4. The City Clerk is hereby directed to keep copies of Corrective County Deed
and the Amended Declaration of Restrictions.
Section 5. The City Clerk is hereby directed to transmit a certified copy of this
Resolution to the Mayor of Miami -Dade County and members of the County Commission.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney 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.
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ityy ttor ey 3114/2017
Per Directive, City Clerk's Office transmitted on 4/5/2017