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Resolution
File Number: 09-00487
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAY PARC PLAZA
APARTMENTS, L.P., ALLOWING THE CITY OF MIAMI TO USE THE LICENSE
AREA FOR CONSTRUCTION ACTIVITIES FOR THE NORTH BAYSHORE DRIVE
DRAINAGE IMPROVEMENTS PROJECT, B-50658.
WHEREAS, Bay Parc Plaza Apartments, L.P., ("Licensor"), a Delaware limited partnership, is the
fee simple owner of certain real property located in Miami -Dade County, Florida, on which their
Licensor's apartment complex and other buildings are located (collectively, the "Licensor's Property");
and
WHEREAS, the City of Miami ("City") desires to use certain portions of the Licensor's Property for
the purpose of sloping, grading, and tying in right-of-way improvements with those of the license area,
hereinafter referred to as the "WORK"; and
WHEREAS, the City's WORK in the license area will result in connecting existing features to the
City's improvements in the license area; and
WHEREAS, the Licensor is willing to grant to the City license over the license area to locate,
construct, install, operate, inspect, alter, improve, maintain, repair, move, restore and rebuild
sidewalks, driveways, swales, landscaping or back of sidewalk connections to natural ground, on,
upon and across the area with the same existing material; and attain ingress and egress to the
property;
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 as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute a License Agreement, in substantially the
attached form, with the Licensor, allowing the City to use the license area for construction activities
for the North Bayshore Drive Drainage Improvements Project, B-50658.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
City of Miami Page 1 of 2 Printed On: 5113/2009
File Number., 09-00487
APPROVED AS TO FORM AND CORRECTNESS/
JULIE 0. BRU
CITY ATTORNEY
Footnotes:
{1} 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.
{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.
City of Miami Page 2 of 2 Printed On: 511312009