HomeMy WebLinkAboutSummary Form'AGENDA ITEM SUMMARY FORM
FILE ID:
Date: 6/22/2011
Commission Meeting Date: 7/14/2011
l/-006/0
Requesting Department: Public Facilities/
Asset Management Division
District Impacted: 2
Type: FC Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Revocable License Agreement on City owned property located at 888 MacArthur Causeway,
commonly known as Watson Island, between the City and Bouygues Civil Works for the Port Tunnel
Project.
Purpose of Item:
Law Department
Matter ID No.
11-1152
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 and Bouygues Civil Works Florida, Inc., a Florida for profit corporation,
("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, ("Property") commencing on the
effective date of May 9th, 2011, for use of construction staging, storage of materials, and vehicular
parking in connection to the PortTunnel Project, on a month to month term, providing for a monthly
use fee of ten thousand and no/I 00 dollars ($10,000.00), as adjusted by five percent (5%) every
subsequent twelve (12) month term; providing for the 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.
Background Information:
See attached.
Budget Impact Analysis
YES Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost: $0
Maintenance Cost: $0 e
Total Fiscal Impact: $10,000.00 monthly
Final Approvals
(SIGN AND DATE)
CIP N/A Budget
Risk Management
Dept. Director /
City Manager
Subject: Revocable License Agreement on City owned property located at 888 MacArthur Causeway,
commonly known as Watson Island, between the City and Bouygues Civil Works for the Port Tunnel
Project.
Background Information:
Bouygues Civil Works Florida, Inc., a Florida for profit corporation, ("Licensee") is the subcontractor
for the Florida Department of Transportation ("FDOT") currently working on the Port of Miami
Tunnel Project ("Project") that is located on a portion of Watson Island, a City of Miami ("City")
City -owned property.
The City wishes to support and facilitate the construction of the Project and the Licensee has
requested use of a portion of the Property currently governed by that certain Amended and Restated
Agreement to Enter Into Ground Lease adopted September 23, 2010, Resolution No. 10-402 by and
between the City and Flagstone Island Gardens, LLC ("Flagstone"). 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, this
Agreement will be revoked.
FDOT acknowledges that Licensee is acting as its' agent on its behalf insofar as that the Project is a
state project. The Licensee wishes to use the Property 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. In exchange for use of the City -owned lands, the Licensee shall pay the
City a monthly use fee of ten thousand and no/100 ($10,000.00) adjusted by five (5%) every
subsequent twelve months as well as any additional fees imposed by the State of Florida ("State") if
applicable.
This Agreement is personal to the Licensee and is not assignable or otherwise transferable; and does
not transfer any interest in the Property and is revocable -at -will by the City and without the consent of
the Licensee. ' In addition, this Agreement permits only certain, enumerated, specific, listed Permitted
Use.
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