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HomeMy WebLinkAboutAgenda Item Summary Form AGENDA ITEM SUMMARY FORM File ID: #11787 Date: 04/05/2022 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 05/12/2022 Sponsored By: District Impacted: District 2 Type: Resolution Subject: License, Access and Indemnification Agreement - County Mangrove Mitigation at Watson Island Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to negotiate - County to plant, place, install, inspect and monitor mangroves, rip rap, and related -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 - 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. Background of Item: MacArthur Causeway folio number 01-3231-000-0021 also known as the Watson Island Boat Ramp, in Miami- is redeveloping Cruise Berth H, and pursuant to the applicable environmental resource permit, will mitigate unavoidable impacts by installing mangroves, rip rap, and related 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. The City has agreed to 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 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 -2018-0411 pursuant to Section 24-48.2(II)(B)(10)(c) of the Code of Miami-Dade County. 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. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Real Estate and Asset Management Jacqueline Lorenzo Department Head Review Completed 04/05/2022 8:54 AM Office of Management and Budget Marie Gouin Budget Review Completed 04/05/2022 9:51 AM Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 04/05/2022 11:40 AM Fernando Casamayor Assistant City Manager Review Completed 04/05/2022 3:18 PM Arthur Noriega V City Manager Review Completed 04/06/2022 12:51 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 04/11/2022 4:56 PM OMNI Community Redevelopment Agency Isiaa Jones ACA Review Completed Office of the City Attorney Valentin J Alvarez Deputy City Attorney Review Skipped 04/11/2022 4:46 PM Office of the City Attorney Victoria Méndez Approved Form and Correctness Completed 05/03/2022 8:51 PM City Commission Maricarmen Lopez Meeting Completed 05/12/2022 9:00 AM City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 11787 Final Action Date:5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LICENSE, ACCESS AND - THE COUNTY TO PLANT, PLACE, INSTALL, INSPECT AND MONITOR MANGROVES, RIP RAP, AND RELATED MATERIALS AS PART OF A SEAPORT -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 -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. 1099 MacArthur Causeway,Folio No. 01-3231-000-0021, also known as the Watson Island Boat Ramp, in Miami- WHEREAS, Miami- pursuant to the applicable environmental resource permit, will mitigate unavoidable impacts by 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 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 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, WHEREAS, the County has also requested that the City execute a restrictive covenant -2018-0411 pursuant to Section 24-48.2(II)(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. 1 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. 1 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. 1 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 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.