HomeMy WebLinkAboutR-22-0225City of Miami
Resolution R-22-0225
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Legislation
File Number: 12079
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/23/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A LICENSE, ACCESS, AND
INDEMNIFICATION AGREEMENT ("LICENSE") BETWEEN THE CITY OF
MIAMI ("CITY') AND MIAMI-DADE COUNTY OR AN AGENT THEREOF
("COUNTY') FOR THE COUNTY TO PLANT, PLACE, INSTALL, INSPECT AND
MONITOR MANGROVES, RIP RAP, AND RELATED MATERIALS AS PART OF
A SEAPORT MITIGATION PROJECT ("PROJECT") AT THE CITY -OWNED
PROPERTY LOCATED AT 1099 MACARTHUR CAUSEWAY, FOLIO NUMBER
01-3231-000-0021, ALSO KNOWN AS THE WATSON ISLAND BOAT RAMP;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A RESTRICTIVE COVENANT ("COVENANT") RUNNING WITH THE
LAND IN FAVOR OF MIAMI-DADE COUNTY TO ENSURE THAT THE
PROJECT IS NOT DISTURBED OR REMOVED FOR THE LIFE OF THE
COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT
THE PROJECT.
WHEREAS, the City of Miami ("City") is the fee simple owner of the property located at
1099 MacArthur Causeway, Folio No. 01-3231-000-0021, also known as the Watson Island
Boat Ramp, in Miami -Dade County, Florida ("Property"); and
WHEREAS, Miami -Dade County ("County") is redeveloping Cruise Berth H, and
pursuant to the applicable environmental resource permit, will mitigate unavoidable impacts by
installing mangroves, rip rap, and related materials at the Property ("Seaport Mitigation
Project"); and
WHEREAS, the County passed Resolution No. R-424-21 on May 4, 2021, authorizing
the County Mayor to execute a License, Access, and Indemnification Agreement with the City
and other agreements in relation to the Seaport Mitigation Project; and
WHEREAS, the City has agreed to permit the County or agent thereof ("Licensee") to,
plant, place, install, inspect, and/or monitor mangroves, rip rap, and associated other materials
at the Property, and to remove certain exotic vegetation from the Property, as required as part
of an overall County seaport mitigation project ("Project"); and
WHEREAS, the Licensee desires to obtain from the City and the City desires to grant to
the Licensee, an exclusive license to use, access, and occupy the Property, including, without
limitation, access rights to enter upon the Property, all for the purpose of conducting,
maintaining, inspecting, and monitoring the Seaport Mitigation Project ("License"); and
WHEREAS, the County has also requested that the City execute a restrictive covenant
City of Miami Page 1 of 2 File ID: 12079 (Revision:) Printed On: 71112022
File ID: 12079
Enactment Number: R-22-0225
("Covenant") as part of, or as a condition of, Class I Permit CLI-2018-0411 pursuant to Section
24-48.2(11)(B)(10)(c) of the Code of Miami -Dade County; and
WHEREAS, the City shall be responsible for maintaining the Seaport Mitigation Project
free of solid waste, exotic pest plant species, and nuisance species after completion of
construction for the life of the Covenant;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute the License
between the City and Licensee for Licensee to plant, place, install, inspect and monitor
mangroves, rip rap, and related materials as part of a Seaport Mitigation Project at the Property.
Section 3. The City Manager is further authorized' to negotiate and execute the
Covenant running with the land in favor of the County to ensure that the Seaport Mitigation
Project is not disturbed or removed for the life of the Covenant.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, all in forms acceptable to the City Attorney, in order to implement
the Seaport Mitigation Project.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i nd- e[y Nttor ey 6/13/2022
' 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.
City of Miami Page 2 of 2 File ID: 12079 (Revision:) Printed on: 71112022