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HomeMy WebLinkAboutR-17-0148City of Miami 1 i.RR cl Legislation alldl 1 l + Resolution R-17-0148 File Number: 1957 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 City of Miami Page 1 of 3 File ID: 1957 (Revision:) Printed On: 6/27/2017 File ID: 1957 Enactment Number: R-17-0148 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 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. City of Miami Page 2 of 3 File ID: 1957 (Revision:) Printed on: 6/27/2017 File ID: 1957 signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ' ndez, ity ttor ey 3/1412017 Enactment Number: R-17-0148 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: 1957 (Revision:) Printed on: 6/27/2017