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Home My WebLink AboutAgenda Item Summary Form1IV OF Hw `93 AGENDA ITEM SUMMARY FORM File ID: #12079 o..Ryl. Date: 06/07/2022 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 06/23/2022 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Auth. City Manager - Cnty. Mangrove Mitigation at Watson Island Agrmt. and Covenant Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to: (1) execute a License, Access and Indemnification Agreement ("Agreement"), in substantially the attached form, between the City of Miami ("City") and Kearns Construction ("Licensee") to plant, place, install, inspect and monitor mangroves, rip rap as part of the mitigation project ("Project") at the City -owned property located at 1099 MacArthur Causeway, folio number 01-3231-000-0021 also known as Watson Island Boat Ramp; and (2) execute a Restrictive Covenant ("Covenant"), running with the land in favor of Miami - Dade County, in substantially the attached form, to ensure that the project is not disturbed or removed for the life of this Covenant. Background of Item: The City of Miami ("City") is the fee simple owner of the property located at 1099 MacArthur Causeway folio number 01-3231-000-0021 also known as the Watson Island Boat Ramp, in Miami -Dade County, Florida ("Property"). The City has agreed to permit the 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 mitigation project ("Project"). 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 Project subject to the conditions and limitations hereinafter contained. The Restrictive Covenant ("Covenant") is proffered for acceptance by Miami -Dade County 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. The City shall be responsible for maintaining the Project free of solid waste, exotic pest plant species, and nuisance species for the life of this Covenant. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed By Department of Real Estate and Asset Management Review Completed 06/07/2022 9:54 AM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez OMNI Community Redevelopment Agency Office of the City Attorney Victoria M6ndez City Commission Maricarmen Lopez Office of the City Clerk City Clerk's Office Jacqueline Lorenzo Department Head Budget Analyst Review Completed 06/09/2022 7:07 AM Budget Review Completed 06/09/2022 11:07 AM City Manager Review Completed 06/09/2022 5:20 PM Legislative Division Review Completed 06/09/2022 6:17 PM Isiaa Jones ACA Review Completed Approved Form and Correctness Completed 06/13/2022 11:52 AM Meeting Completed 06/23/2022 9:00 AM Rendered Completed 06/27/2022 5:50 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0225 File Number: 12079 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 ("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 ria i "ndez, ity Attor iey 6/1312022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.