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HomeMy WebLinkAboutAgenda Item Summary FormJr AGENDA ITEM SUMMARY FORM File ID: #4340 Date: 06/14/2018 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 01/24/2019 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Easement - Heliport Purpose of Item: The administration recommends that the Miami City Commission adopt the attached Resolution authorizing the City Manager to execute a Temporary Easement Agreement ("Easement Agreement"), in substantially the attached form, to Linden, a Florida Corporation, for a temporary, non-exclusive easement of approximately fifty-five thousand eight hundred seven (55,807) square feet of City -owned property located on a portion of land at 980 MacArthur Causeway, Miami, Florida, as more particularly described in Exhibits "A" and "B" (collectively, the "Easement") attached hereto and made a part hereof, for the limited purpose of: (1) constructing, operating, and maintaining a driveway to provide ingress and egress to the heliport for fueling, use of emergency vehicles, and other related purposes; and, (2) for the limited purpose of providing construction and operations offices related to the project for a term not to exceed the earlier of: (a) the receipt of a certificate of occupancy of the heliport facilities; or, (b) an earlier date mutually agreed to by the Parties. Background of Item: Linden has requested the temporary, non-excusive easement of an approximately fifty- five thousand eight hundred seven (55,807) square feet of City -owned property located on a portion of land at 980 MacArthur Causeway, Miami, Florida. The Easement will be used for the limited purpose of constructing, operating, and maintaining a driveway to provide ingress and egress to the heliport for fueling, use of emergency vehicles, and other related purposes, as well as for the limited purpose of providing construction and operations offices related to the project. The Easement is necessary in order for the heliport to operate. This Agreement shall terminate on the earlier of (a) receipt of a certificate of occupancy of the heliport facilities; or (b) an earlier date mutually agreed to by the Parties. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds 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 Fernando Casamayor Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney George Wysong Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Legislative Division Review Completed City Manager Review Completed GKW Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 06/14/2018 11:24 AM 06/22/2018 1:11 PM 06/28/2018 5:00 PM 07/06/2018 9:51 AM 07/06/2018 9:51 AM 07/09/2018 4:35 PM 07/10/2018 4:13 PM 07/10/2018 4:25 PM 07/10/2018 5:45 PM 07/26/2018 9:00 AM 01/24/2019 9:00 AM 02/04/2019 4:55 PM 02/04/2019 5:34 PM 02/04/2019 5:34 PM File Number: 4340 City of Miami Legislation Resolution Enactment Number: R-19-0042 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:1/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO AND FOR THE BENEFIT OF LINDEN AIRPORT SERVICES CORPORATION D/B/A WATSON ISLAND HELIPORT CORPORATION, A FLORIDA CORPORATION ("LINDEN"), FOR A TEMPORARY, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-FIVE THOUSAND EIGHT HUNDRED SEVEN (55,807) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED ON A PORTION OF LAND AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, COMPRISED OF PARCELS "A" AND "B," MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" OF THE EASEMENT AGREEMENT, ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSE OF (1) CONSTRUCTING, INSTALLING, OPERATING, AND MAINTAINING A DRIVEWAY TO PROVIDE INGRESS AND EGRESS TO THE HELIPORT FOR FUELING, USE OF EMERGENCY VEHICLES, AND OTHER RELATED PURPOSES AND (2) PROVIDING CONSTRUCTION AND OPERATIONS OFFICES RELATED TO THE PROJECT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT FOR A TERM NOT TO EXCEED THE EARLIER OF (1) RECEIPT OF A CERTIFICATE OF OCCUPANCY OF THE HELIPORT FACILITIES OR (2) AN EARLIER DATE MUTUALLY AGREED TO BY THE CITY AND LINDEN. WHEREAS, Linden Airport Services Corporation d/b/a Watson Island Heliport Corporation, a Florida Profit Corporation ("Linden"), has requested a temporary, non-exclusive easement of approximately fifty-five thousand eight hundred seven (55,807) square feet of City of Miami ("City") owned property located on a portion of land at 980 MacArthur Causeway, Miami, Florida ("Easement"); and WHEREAS, the Temporary Easement Agreement ("Easement Agreement") provides that the Easement will be used for the limited purpose of constructing, operating, and maintaining a driveway to provide ingress and egress to the Heliport for fueling, use of emergency vehicles, and other related purposes; and WHEREAS, Parcel "A," more particularly described in Exhibit "A" of the Easement Agreement, will be used for the limited purpose of providing construction and operations offices related to the project and Parcel "B," more particularly described in Exhibit "B" of the Easement Agreement, is necessary in order for the Heliport to provide access for fueling, operations, and other purposes as described in the Easement Agreement subject hereof; and WHEREAS, authorization is being requested for the City to enter into the Easement Agreement, in substantially the attached form, to and for the benefit of Linden for said purpose; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute an Easement Agreement, in substantially the attached form, to and for the benefit of Linden, for the Easement, comprised of Parcels "A" and "B," more particularly described in Exhibits "A" and "B" of the Easement Agreement, attached and incorporated, for the limited purpose of (1) constructing, installing, operating, and maintaining a driveway to provide ingress and egress to the Heliport for fueling, use of emergency vehicles, and other related purposes and, (2) providing construction and operations offices related to the project with the right to reconstruct, improve, add to, enlarge, change the size of, and remove all or any of the facilities within said Easement for a term not to exceed the earlier of (1) receipt of a certificate of occupancy of the Heliport facilities or (2) an earlier date mutually agreed to by the City and Linden. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 4nai dez, Giky Httor ey 7/10/2018 ' 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.