HomeMy WebLinkAboutR-98-0742J-98-751
7/15/98
RESOLUTION NO. 9 8- 742
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, (THE "AGREEMENT"),
WITH BASKETBALL PROPERTIES LTD., ("BPL") PERMITTING
BPL TO ENTER UPON CITY OWNED WATERFRONT LAND
CONSISTING OF APPROXIMATELY 10 ACRES, LOCATED AT 801
BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR PURPOSE OF
CONSTRUCTION AND MAINTENANCE OF APPROXIMATELY 535
FEET OF SHORELINE STABILIZATION IMPROVEMENTS AND
INSTALLATION AND MAINTENANCE OF LANDSCAPING, AT NO
EXPENSE TO THE CITY OF MIAMI, IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS
MAY BE AMENDED BY THE CITY MANAGER AS MAY BE
NECESSARY FROM TIME TO TIME; FURTHER ACCEPTING BPL'S
DONATION OF ALL THE LABOR AND MATERIALS ASSOCIATED
WITH THE IMPROVEMENTS.
WHEREAS, the City is owner of approximately 10 acres of land, including certain
submerged lands, located immediately south of Bicentennial Park ("City Land"); and
WHEREAS, Basketball Properties Ltd. ("BPL") is currently constructing the American
Airlines Arena on certain land owned by Miami -Dade County which is located contiguous to and
immediately south of the City Land; and
WHEREAS, Basketball Properties Ltd. is willing, ready and able to undertake, at BPL's
I
ATTACHMENT (S)
CONTAINED
CITY COMMISSION
MEETING OF
J U L 2 1 1998
Resoludon No.
98- 742
sole cost and expense certain improvements on the City Land;
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 agreement, in
substantially the attached form, (the "Agreement"), between the City of Miami and Basketball
Properties Ltd. ("BPL") permitting BPL to enter upon City owned waterfront land, consisting of
approximately 10 acres, located at 801 Biscayne Boulevard for the purpose of construction and
maintenance of approximately 535 feet of shoreline stabilization improvements and installation
and maintenance of landscaping (the "Improvements"), at no expense to the City, and in
accordance with the terms and conditions of the Agreement, which terms may be amended by the
City Manager as may be necessary from time to time.
Section 3. The City Commission hereby accepts the donation from BPL of all the labor
and materials associated with the Improvements.
Section 4. This Resolution shall become effective upon its adoption and signature of
I 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 Code provisions.
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98 - 742
the Mayor.
PASSED AND ADOPTED this 21stday of July , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not ind°ca':a G 'oprowd of
this legislation by signing it in the designated place provided, said;>i; +i r
becomes effective with the elapse of ten (10) days from a date of CZ •irr,;ss:c�� 4
regarding same, without the Mayorexercising veto.
ATTEST: -
a J Foe -man, City Clerk
WALTER FOEMAN
CITY CLERK
31
ATTORNEY
JOB/kd/csk/W2755
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
3 98 - 742
LICENSE AGREEMENT
This License Agreement (this "Agreement") is made and entered into by and between
the City of Miami, a municipal corporation of the State of Florida (the "City"), with offices
located at 444 South West 2nd Avenud Miami, FL, 33130 and Basketball Properties, Ltd., a
Florida limited partnership with offices located at 1 S.E. 3`d Avenue, Suite 2300, Miami, FL
(the "Developer") hereinafter sometimes collectively referred to as the "Parties".
WHEREAS, the City owns certain bayfront land including certain submerged land
known as the FEC deep water slip, specifically described in Exhibit "A", which is attached
hereto and by reference incorporated herein (the "Property"); and
WHEREAS, the Parties agree that it is in the best interest of the City and the
Developer to undertake certain improvements on the Property; and
WHEREAS, the Developer is ready, willing and able to undertake such improvements
and maintain such improvements at the Developer's sole cost and expense.
NOW, THEREFORE, for and in consideration of $1.00 and other valuable
consideration contained herein, the receipt and sufficiency of which are hereby acknowledged,
the City and Developer agree as follows:
1. Incorporation of Recitals:
1.1 The recitals and findings set forth above are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this Agreement.
98- 742
2. Right of Entry Upon City Property:
2.1 For the purpose and under the limitations and conditions hereinafter provided,
the City grants to Developer, its employees, agents, contractors, consultants, subcontractors or
anyone directly or indirectly employed by any of the aforementioned (collectively referred to
as "Developer's Agents") a continuing right of entry upon Property. The Developer, by the
execution of this Agreement, accepts the right of entry upon the Property in its "as is"
condition. The City makes no warranty, either express or implied, as to the condition of the
Property.
2.2 The right of entry granted herein authorizes the Developer and the Developer's
Agent to enter upon the Property from time to time during the term of this Agreement for the
sole purposes of-
(i) construction and maintenance of the stabilization of approximately 535 feet
of shoreline by placing riprap toe adjacent to the northern property line, in
addition, construction of six (6) catch basins north of the parking structure, all
as specifically described in Exhibit "B", attached hereto and by this reference
hereto incorporated herein ("Shoreline Stabilization");
(ii) installing, and thereafter maintaining, the landscaping as depicted and
described in Exhibit "B" attached hereto and by this reference thereto
incorporated herein (the "Landscaping").
2.3 Prior to commencement of construction of any work related to the Shoreline
Stabilization or the Landscaping, the Developer, at Developer's sole cost and expense shall be
solely responsible for obtaining all required permits and approvals and shall furnish to the
City such payment and performance bond or Letter of Credit as may be required by the City
Manager. The Developer and Developer's Agents shall construct and maintain the Shoreline
Stabilization in strict compliance with the requirements of any and all federal, state, water
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9 8- 742
management district or local governmental agencies having jurisdiction over such work,
including but not limited the conditions of the Class I Coastal Construction Permit issued by
Department of Environmental Resources Management (D.E.R.M.).
2.4 Developer and Developer's Agents, shall, at Developer's sole cost and expense
install the Landscaping and construct the Shoreline Stabilization (hereinafter collectively
referred to as the "Work") in a good workmanlike manner and to the satisfaction of the City.
Upon completion of the Work the Developer shall execute such document as may be
necessary to convey to the City all of Developer's right, title and interest in and to any of the
Work free and clear of all liens and encumbrances that might have arisen by virtue of the
construction and/or installation of the same.
2.5 The Developer shall, and shall cause Developer's Agents to, indemnify, hold
harmless, and defend the City, its officers, agents and employees against losses caused by
death, injury to persons or damage to property, arising out of or in connection with the
performance of the Work, against the risk of loss or damage to the Work prior to the
completion thereof, and against losses resulting from claims and demands from third parties
arising out of the performance of the Work.
2.6 After completion of the Work, and at all times so long as this Agreement is in
full force and effect, the Developer, at Developer's sole cost and expense, shall undertake all
routine and extraordinary work to maintain, and in the event of damage or destruction, all
work required to restore the Work in a safe and attractive condition and in compliance with all
the requirements of all environmental permits and regulations (the "Maintenance"). If the
Developer fails to perform the Maintenance in accordance with the provisions of this
Agreement, and has not corrected such violation within thirty (30) days from receipt of
written notice thereof from the City, then, in such event, the City may, at its option, correct
said condition and may perform such work and/or take such action that it deems necessary and
the Developer shall be responsible for all expenses incurred by the City associated with any
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98- 742
work or action performed by the City and shall reimburse the City within thirty (30) days
from its receipt of the City's invoice therefor.
2.7 The right of entry herein granted shall be exercised and used by Developer and
Developer's Agents in such a manner as not to cause any damage or destruction of any nature
whatsoever to the Property and its surrounding environment, or to cause the interruption of
the use of City owned adjoining lands, if any, except as may be reasonably necessary for the
Work and the Maintenance, as expressly authorized in this Agreement.
2.8 This Agreement shall commence on the day fully executed by the Parties
after the City has received and accepted proof of compliance with the insurance
requirements under Section 3.3 below (the "Effective Date"). The Developer herein
expressly acknowledges that this Agreement has been issued by the City to authorize the
Developer to enter the Property solely for the limited purposes set forth in Section 2.1 of this
Agreement and no other. The parties hereby agree that the provisions of this Agreement do
not constitute a lease and the rights of the Developer hereunder are not those of a tenant but
is a mere personal privilege to do certain acts of a temporary character on the Property and
that the City retains dominion, possession and control of the Property and can unilaterally
terminate the Developer's right of entry, without any fault or breach on the part of the
Developer, or cause whatsoever, provided, however, that notice is given to the Developer as
specified in Section 2.10. No leasehold interest in the Property is conferred upon the
Developer under the provisions hereof and the Developer does not and shall not claim at any
time any interest or estate of any kind or extent whatsoever in the Property by virtue of this
Agreement or its use of the Property hereunder, or by virtue of any expenditures which
Developer has incurred in connection with the Work or the Maintenance.
me
98-- 742
2.9 The Developer shall:
(i) diligently prosecute the construction of the Shoreline Stabilization to
completion by no later than January 1, 2000; and
(ii) shall diligently prosecute the installation of the Landscaping to completion
by no later than January 1, 2000.
2.10 After completion of the construction of the Work, the right of entry granted
hereunder and the obligations of the Developer shall continue in full force and effect until
such time as:
(i) the City revokes and terminates the right of entry herein granted by
notifying the Developer in writing one hundred twenty (120) days prior to
the effective date of such termination; or
(ii) the parties mutually agree to cancel this Agreement.
2.11 In the event of termination of this Agreement, under the provisions of
subsection A, or B of Section 2.10, Developer shall at the City's option, either (i) abandon the
Work in place, or (ii) at Developer's sole cost and expense, remove either the Landscaping or
the Shoreline Stabilization, as may be specifically requested by the City, from the Property
and restore the Property to the condition that it was in prior to the Effective Date of this
Agreement. Thereafter, the Parties will cause the release of this Agreement to be duly
executed and except for the indemnity obligation provided for in Subsection 3.2 below, both
Parties will be released from any further obligations hereunder.
3. Indemnity, Insurance and Releases
3.1 To the fullest extent permitted by law, the Developer shall indemnify, defend,
protect and hold harmless the City, its employees, officers and agents (the "Indemnitees")
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98- 742
from and against all claims, demands, causes of actions, damages, liabilities, losses and
expenses, including without limitation, reasonable attorney's fees and expenses, arising out of
or resulting from any activities undertaken by the Developer's Agents or anyone for whose
acts they may be liable upon the City Property, or in connection with the Work or the
Maintenance or the acts or omissions of Developer's Agents or anyone for whose acts they
may be liable, with respect to the City Property, the Work or the Maintenance, or as result of
an alleged violation of any law, standard, regulation, or permit requirement relating to
environmental pollution or contamination, regardless of whether or not such claim, demand,
cause of action, damage, liability, loss or expense is caused in part by an Indemnitee. Nothing
herein shall be deemed to abridge the rights, if any, of the City to seek contribution where
appropriate.
3.2 This indemnity provision shall commence on the Effective Date, shall survive
the termination or cancellation of this Agreement and shall continue in full force and effect
until one year after this Agreement is terminated.
3.3 Prior to Developer or any of Developer's Agents entering upon the Property for
purposes of commencement of the Work, Developer shall furnish to the City Manager the
policy or policies of insurance or certificates of insurance in form and such reasonable
amounts approved by the City of Miami's Risk Manager. The insurance shall protect the City
against all claims for personal injury and property damage arising out of or related to the
activities undertaken by the Developer and the Developer's Agents or anyone for whose acts
they may be liable, upon the Property or in connection with the Work or the Maintenance.
3.4 Developer hereby waives any and all claims against the City for personal
injury or property damage sustained by Developer's Agents arising out of or related to the
activities undertaken by Developer's Agents upon the Property or in connection with the
Work or the Maintenance and releases the City from any claims in connection therewith.
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98- 742
4. Notice:
4.1 All notices and other communications hereunder shall be in writing and
addressed to the party to be notified as provided for below, or to such other address as each
party may designate for itself by like notice, and shall be deemed to have been validly served,
given, or delivered five (5) days after deposit in the United States mail, by certified mail with
return receipt requested and postage prepaid, or when delivered personally, one (1) day after
delivery as follows:
If to the City at: With a copy to:
City of Miami City Attorney
City Manager's Office City Attorney's Office
444 S.W. 2nd Avenue 444 S.W. 2nd Avenue
Miami, Florida 33131 Miami, Florida 33131
Attention: Julie O. Bru
And a copy to:
City of Miami
Office of Asset Management
444 South West 2nd Avenue
3rd Floor
Miami, FL, 33130
Attention: Dena Bianchino
If to Developer at: With a copy to:
The Miami Heat Shutts & Bowen LLP
SunTrust International Center 1500 Miami Center
One Southeast Third Avenue 201 South Biscayne Boulevard
Suite 2300 Miami, Florida 33131
Miami, Florida 33131 Attention: Judith A. Burke, Esq.
Attention: William Senn, Vice President
Design and Construction
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98- 742
5. Entire Agreement:
5.1 This Agreement, and the Exhibits attached hereto and incorporated hereby, shall
constitute the entire agreement between the Parties and no other inducements, considerations,
promises, or interpretations shall be implied or impressed upon this Agreement that are not
expressly addressed herein.
6. Remedies:
6.1 In the event the Developer fails to perform Developer's obligations hereunder,
including, without limitation Developer's Maintenance obligation, the City shall be entitled to
bring suit to seek specific performance and/or damages and shall be entitled to an award of
reasonable attorneys fees and costs incurred.
7. Successors and Assigns:
7.1 The conditions and covenants in this Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
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98- 742
Dated and executed by the parties as of , 1998.
ATTEST: CITY OF MIAMI, a municipal corporation of
the State of Florida
Walter J. Foeman, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla
Risk Management Administrator
F: BPLeasement.docJOB
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello, City Attorney
DEVELOPER:
BASKETBALL PROPERTIES, LTD., a Florida
limited partnership
By: BASKETBALL PROPERTIES, INC., a
Florida corporation, its general partner
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98- 742
LEGAL DESCRIPTION
DESCRIPTION OF A PORTION OF LAND BEING AND LYINO IN SECTION 37,
TOWNSHIPS 53 R 54 SOUTH RANGE 42 EAST, IN SECTION 31, TOWNSHIP 53
SOUTH, RANGE 42 EAST, AND SECTION 6, TOWNSHIP 54 SOUTH, RANGE 42
EAST, LYING, AND BEING IN THE CITY OF MAN; MAN DADE COUNTY
FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST SOUTH WESTERLY CORNER OF THE BICENTENNIAL
PARK ACCESS ROAD AS SHOWN ON PLAT BOOK 140 AT PAGE 50 OF MAN
DADE COUNTY FLORIDA. THENCE S4W57' 43 "-E ALONG THE NORTH
PROPERTY LINE F.E.C. R.R. CO. TRACT FOR A DISTANCE OF 140.00 FEET TO
A POINT. TMMCE S 0002' 17"-W DEPARTING THE AFOREMF. MONED LINE
FOR A DISTANCE OF 100.00 FEET TO A POINT. THENCE S-9927' 43"-E FOR A
DISTANCE OF 75.00 FEET TO A POINT. THENCE S-23'57' 43"-E FOR A
DISTANCE OF 70.00 FEET TO A POINT. THENCE S43.5743 "-E FOR A
DISTANCE OF 48.W FEET TO A POINT. THENCE S4W42143"-E FOR A
DISTANCE OF 286.60 FEET TO A POINT. THENCE S-0°02'17"-W FOR A
DISTANCE OF 14.13 FEET TO A POINT AT RIGHT ANGLE AND 31 FEET TO THE
SOLMORLY LINE OF THIS PROPERTY. THENCE S-86'2VW-E FOR A
DISTANCE OF 146.27 FEET TO A POINT AT RIGHT ANGLE AND 22.0 FEET TO
THE SOUTHERLY LINE OF THIS PROPERTY. THENCE S-89'5743"-E FOR A
DISTANCE OF 552.0 FEET TO A POINT AT RIGHT ANGLE AND 22 FEET TO THE
SOUTHERLY LINE OF THIS PROPERTY. THENCE S-73.5021"-E FOR A
DISTANCE OF 3331 FEET TO A POINT AT RIGHT ANGLE AND 12.75 FEET TO
THE SOUTHERLY LINE OF THIS PROPERTY. THENCE S-89.5T43"-E FOR A
DISTANCE OF 122.43 FEET TO A POINT AT THE INTERSECTION WITH THE
DADE COUNTY BULKHEAD LINE AS PER PLAT BOOK 74 AT PAGE 18.
THENCE ALONG THE AFOREMENTIONED LINE S401733"W FOR A DISTANCE
OF 12.75 FEET TO A POINT. THENCE N-89057*43"-W DEPARTING THE
AFOREMENTIONED LINE AND ALONG TO THE SOUTHERLY LINE OF THIS
PROPERTY FOR A DISTANCE OF 1353.36 FEET TO A POINT OF INTERSECTION
WITH A LINE 53 FEET EAST OF AND PARALLEL TO THE EASTERLY RIGHT OF
WAY LINE OF BISCAYNE DRIVE AS PER A.L. KNOWLTONS MAP OF MiAMI
PLAT BOOK "B"PG.41. THENCE N-M79"-E ALONG THE AFOREMENTIONED
LINE FOR A DISTANCE OF 318.83 FEET TO THE POINT OF BEGINNING.
EXHIBIT A PAGE 2 Sheet; of I
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE:
Members of the City Commission
SUBJECT:
FROM: REFERENCES:
onald H. Warshaw
City Manager ENCLOSURES:
RECOMMENDATION:
CA=18
JUL 1 4 19% FILE :
License Agreement between City
of Miami and Basketball
Properties Ltd. for Donation
of Improvements
The administration recommends that the City Commission approve the attached Resolution
authorizing the City Manager to execute a License Agreement ("Agreement"), in substantially
the attached form, with Basketball Properties Ltd.
BACKGROUND:
The City is the owner of 9.9101 acres of land, including certain submerged lands, located
immediately south of Bicentennial Park ("City Land"). Basketball Properties Ltd. is currently
building the American Airlines Arena directly south of the City Land. As part of their
construction, Basketball Properties Ltd. would like to donate certain improvements, including,
but not limited to, the installation of landscaping and stabilization to the southern shoreline of the
F.E.C. slip.
Highlights of the Agreement are as follows:
• Basketball Properties Ltd. will donate the landscaping and the stabilization of the
shoreline to the City Land.
• Basketball Properties Ltd. will be solely responsible for all of the costs of the
installation, repair and maintenance of the improvements.
• This Agreement may be terminated by the City, with or without cause, by giving 30
days notice.
• Upon termination of the Agreement, the City has the right to have any or all of the
improvements removed at Basketball Properties Ltd.'s sole cost and expense.
06
DW:CMC:DB:af: Mayor CC -Improvements .doc
98- '74`2