HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00610 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND BOUYGUES CIVIL WORKS
FLORIDA, INC., A FLORIDA FOR PROFIT CORPORATION ("LICENSEE"), FOR
THE USE OF FOUR AND ONE-HALF (4.5) ACRES OF THE CITY -OWNED
PROPERTY LOCATED ON A PORTION OF WATSON ISLAND AT 888
MACARTHUR CAUSEWAY, MIAMI, FLORIDA, COMMENCING ON THE
EFFECTIVE DATE OF MAY 9, 2011, FOR USE OF CONSTRUCTION STAGING,
STORAGE OF MATERIALS, EXCLUDING FILL CLASSIFIED AS COMMERCIAL OR
HAZARDOUS MATERIALS, AND VEHICULAR PARKING IN CONNECTION TO
THE PORT TUNNEL PROJECT, ON A MONTH TO MONTH TERM; PROVIDING
FOR A MONTHLY USE FEE OF TEN THOUSAND AND NO/100 DOLLARS
($10,000), AS ADJUSTED BY FIVE PERCENT (5%) EVERY SUBSEQUENT
TWELVE (12) MONTH TERM; PROVIDING FOR LICENSEE'S PAYMENT OF ANY
ANNUAL STATE FEES IMPOSED BY THE STATE FOR THE USE OF THE STATE
RESTRICTED UPLAND PARCEL, IF APPLICABLE; FURTHER AUTHORIZING THE
CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH
AGREEMENT AS NEEDED, WITH TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN THE AGREEMENT, SUBJECT TO CITY
ATTORNEY APPROVAL.
WHEREAS, the City of Miami ("City") is the owner of a tract of uplands on Watson Island
("Property") as well as submerged lands abutting Watson Island; and
WHEREAS, Bouygues Civil Works Florida, Inc., a Florida for profit corporation ("Licensee"), is
a subcontractor for and undertaking work on behalf of the Florida Department of Transportation
("FDOT") on the Port of Miami Tunnel Project ("POMT"), FDOT Project No. E6F67 on or around the
1-395 expressway; and
WHEREAS, the City wishes to support and facilitate the construction of the POMT; and
WHEREAS, pursuant to Resolution No. 10-402, adopted September 23, 2010, Licensee
wishes to use a portion of the Property that is governed by that certain Amended and Restated
Agreement to Enter Into Ground Lease, by and between the City and Flagstone Island Gardens, LLC
("Flagstone") for the Flagstone project; and
WHEREAS. Licensee intends to use a portion of the Flagstone site for construction staging,
materials storage (excluding fill classified as commercial or hazardous materials), barge unloading and
loading activities ("Permitted Use") pursuant to the terms of the Revocable License Agreement
("Agreement") with the City; and
City of Miami Page 1 of 3 File Id: 11-00610 (Version: 11 Printed On: 7/1/2011
File Number. 11-00610
WHEREAS, Flagstone is currently seeking approval from the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida for a Partial Modification of Restrictions to Deed No.
19447, and upon approval by the State of Florida ("State"), this Agreement will be revoked; and
WHEREAS,. FDOT acknowledges that Licensee is acting as its' agent on its behalf relative to
the Licensee's activities pursuant to the Agreement, effective as of the Licensee's date of occupancy,
insofar as that the POMT is a State project; and
WHEREAS, the Agreement is personal to the Licensee and is not assignable or otherwise
transferable; and
WHEREAS, the Agreement does not transfer any interest in the Property and is revocable -at -will
by the City and without the consent of the Licensee; and
WHEREAS, the Agreement permits only certain, enumerated, specific, listed Permitted Use,
and does not permit anything further;
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 an Agreement, in substantially the
attached form, between the City and Licensee, for the use of four and one-half (4.5) acres of
City -owned property located on a portion of Watson Island at 888 MacArthur Causeway, Miami,
Florida, commencing on the effective date of May 9, 2011, for use of construction staging, storage of
materials, excluding fill classified as commercial or hazardous materials, and vehicular parking in
connection to the POMT, on a month to month term, providing for a Monthly Use Fee of ten thousand
and No/100 dollars ($10,000), as adjusted by five percent (5°l0) every subsequent twelve (12) month
term and providing for Licensee's payment of any annual State fees imposed by the State for the use
of the State restricted upland parcel, if applicable.
Section 3. The City Manager is further authorized{1} to make non -substantive amendments to
such Agreement, as needed, with terms and conditions more particularly set forth in the Agreement,
subject to City Attorney approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO LEGAL FORM AND CORRECTNESS'". '
JULIE O. B
CITY ATTORNEY
City of Miami
Page 2 of 3 File Id: 11-00610 (Version: 1) Printed On: 7/1/2011
File Number: 11-00610
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 3 of 3 File Id: 11-00610 (Version: I) Printed On: 7/1/2011