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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01431 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS,
INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BOUYGUES CIVIL WORKS FLORIDA, INC., GRANTING
TEMPORARY ACCESS RIGHTS TO THE VIRGINIA KEY NORTH. POINT
("PROPERTY") FOR THE DELIVERY OF UP TO 240,000 CUBIC YARDS OF
DONATED FILL MATERIAL TO BE USED TO ESTABLISH A BERM AROUND THE
WATER AND SEWER TREATMENT FACILITY SITE LOCATED ON THE
PROPERTY, TO RESTORE AREAS USED FOR THE MOUNTAIN BIKE
ACTIVITIES AND TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF
PUBLIC WORKS AS NECESSARY.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at Folio Number
No. 01-4209-000-0010 Miami, Florida, known as Virginia Key North Point ("Property"); and
WHEREAS, the attached agreement, grants access to Bouygues Civil Works Florida, Inc.
("Bouygues") for the purpose of performing certain work relating to the acceptance of up to 240,000
cubic yards of donated fill material; and
WHEREAS, the fill will be transported by Bouygues to the Property at its own cost; and
WHEREAS, Bouygues will be responsible for satisfying all applicable environmental (DERM, etc.)
requirements and obtaining all environmental approvals that may be required for the testing, transport,
drying, site preparation, restoration and placement of the fill material in temporary and final locations to
be approved by the City; and
WHEREAS, the agreement results in no fiscal impact to the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 an Access, Indemnification and
Acceptance Agreement, in substantially the attached form, with Bouygues, granting temporary access
to the Property for the delivery of up to 240,000 cubic yards of donated fill material to be used to
establish a berm around the water and sewer treatment facility to be located on the Property, to
restore areas used for the mountain bike activities and to be used by the City Department of Public
Works as necessary.
City of Miami
Page 1 of 2 File Id: 10-01431 (Version: 1) Printed On: 12/27/2010
File Number 10-01431
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESSe/
JULIE O. BRU
CITY ATTORNEY
ArL
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 File Id: 10-01431 (Version: 1) Printed On: 12/27/2010